Sexual discrimination can take many different forms, including pay inequality. Some women – and even men – in Jackson County, MO, believe they don’t have a leg to stand on and never pursue their legal rights. But with the right sexual discrimination lawyer, you can receive up-to-date, comprehensive representation and file a claim against your employer to fight for the pay you deserve.
When to Contact a Sexual Discrimination Lawyer in Jackson County, MO
It can be easier to just “deal with” a situation rather than take the risk of confronting it. But if you’re as equally qualified as a person of the opposite sex for job duties performed, and have been denied the same pay, it’s time to speak up. Your gender does not give an employer the right to discriminate against you, and the archaic belief that one sex is more talented or competent than the other needs to be addressed.
Just as racial and religious discrimination are legally prohibited, an employer cannot discriminate against an employee or job applicant based on gender. While sexual discrimination occurs less frequently than in the past, the data tells us it can still be a problem. Missouri ranks as the 17th highest state in the nation for workplace inequity, and sexual discrimination is the most commonly reported concern.
The Implications
If you asked, most employers in Jackson County, MO would deny engaging in any kind of workplace discrimination. But an analysis from the American Association of University Women (AAUW) found that a woman working full-time in Missouri makes, on average, 78 cents on the dollar compared to men. The national pay gap sits at 80 cents on the dollar for women working full-time compared to men.
The inequities are highest among Latinas, who make around 54 cents on the dollar, and black women, with an average of 63 cents on the dollar. Every state grapples with this problem, but sex discrimination affects more than wages. It also impacts:
- Hiring decisions
- Promotions
- Terminations
- How women are treated by their employers and coworkers
The Harm on Women
Discrimination harms a women’s self-esteem, self-worth, and chances for financial stability. It can also cause negative emotions like depression and anxiety and prompt social withdrawal. The United States has made great strides since the 1950s when women were largely expected to marry young, have children, and attend to household duties.
But many male employers continue to believe women are inferior, prompting them to deny equal pay, refuse benefits or promotions that have been earned, and even fire pregnant women. Women are also the ones often taking notes during office meetings and maintaining the office kitchen. Fortunately, laws are in place to protect women.
Equal Pay Laws in the State
The Missouri Equal Pay Act, enacted in 1963 as an amendment to the Fair Labor Standards Act, makes it unlawful for employers to pay women less than men in the same workplace for the same quality and quantity of work. This act pertains to all employers, regardless of size. The only permissible variations in pay are those rooted in good faith and based on:
- Length of service
- Seniority
- Skill
- Ability
- Duties
- Hours or shifts worked
- Restrictions on heavy lifting
- Any factor other than gender
The Missouri Human Rights Act also prevents employers from compensation discrimination due to disability, age (40 to 70 years), ancestry, sex, national origin, religion, color, and race. This Act pertains to all private employers with six or more employees as well as all state and local government agencies, regardless of size.
Federal Laws
Both the federal Equal Pay Act and Title VII of the Civil Rights Act of 1964 require that employees receive equal pay for equal work. The jobs in question don’t have to be identical in nature, but they should be similar. In short, job content rather than job titles determines whether work is substantially equal. Elements used to determine job content include skill, effort, and responsibilities.
It’s important to know that equal pay laws apply to more than wages. They also safeguard other forms of compensation, such as bonuses, commissions, retirement benefits, and health benefits. Again, differences in compensation are allowed by federal law only when they are based on merit, seniority, or quantity or quality of production.
The Legal Specifics
If your workplace violates any law pertaining to equal compensation, the employer cannot legally reduce the pay of one gender to match that of the other. Instead, the employer is obligated to increase the compensation of the lower-paid employee(s). In addition, Title VII of the Civil Rights Act does not require a claimant’s job be significantly equal to that of a higher-paid employee not within the claimant’s protected class.
Sorting through all these facts can be tough to do on your own, which is why you need to partner with an experienced sexual discrimination lawyer. And although we’ve largely discussed the implications of pay inequality on women, both males and females can be subject to discrimination.
What to Do Next
If you’re the victim of pay inequality, the first step is to put your situation in writing. Record the discriminatory practices taking place and put this record with copies of your pay stubs, salary records, and other wage-related information.
Next, get legal advice to explore your options. If your claim is successful, you may receive back pay for whatever you were shorted. But time is of the essence. Depending on the path you and your attorney pursue, your claim may be subject to a statute of limitations. In addition, you may be able to pursue back wages only for a specific period of time. This means the faster you act, the faster your claim can be resolved and any potential monies paid to you.
Find a Support Network
Facing discrimination at work is difficult to do alone. And sometimes, pay inequality is mingled with other factors you may not even recognize, such as harassment at work. Dealing with this day in and day out can be very stressful. Seeking support from friends and family can help relieve anxiety and create a much-needed support network.
You may also want to speak to a licensed counselor or therapist. Doing so can give you an impartial perspective as you vent frustration. A licensed professional can also help prepare you for the lengthy process often required of filing a discrimination lawsuit. Just remember others have successfully navigated these waters, and so can you. In the meantime, it’s important you:
- Continue doing a good job at work
- Keep a record of your projects
- Make copies of your evaluations
- Maintain letters, emails, or memos from superiors
Elements of a Claim
To prove an equal pay claim, you and your sexual discrimination lawyer must work together to show:
- Employees of different sex at the same establishment receive different wages
- The employees perform substantially equal work
- The working conditions are essentially equal
Keep in mind that as the claimant, you do not have to prove every aspect of your job is identical to that of a higher-paid comparator. The jobs simply need to be relatively equal.
If you’re facing sexual discrimination in Jackson County, MO, it’s time to take action. Federal and state laws protect employees from these situations, and although your claim may take time to settle, the reward can be very worthwhile. And we’ll fight by your side every step of the way to hold your employer accountable. Schedule your free consultation today by contacting Holman Schiavone, LLC.
