Choice of Law – Equal Pay Act or Title VII?
People who are the victims of equal pay discrimination are often able to file a claim under either the Equal Pay Act or Title VII. As a result, many potential plaintiffs are curious as to which law is most appropriate for their claim. In many cases, it may be easier to file a claim under the Equal Pay Act, as it does not require a plaintiff to first file a complaint with the U.S. Equal Employment Opportunity Commission. Additionally, unlike Title VII, a plaintiff does not need to be able to establish that his or her employer was acting intentionally. One of the chief drawbacks of using the Equal Pay Act as opposed to Title VII is that the recovery available is generally lower, as you cannot recover compensatory damages such as pain and suffering.
What should I Do in Anticipation of Filing a Wage Discrimination Claim?
There are many things that people can do to maximize their chances of prevailing in their wage discrimination claim. If you believe that you are being discriminated against, you should do the following:
- Make note of the discriminatory pay practices that you suspect are occurring. Keep copies of your paychecks and bank statements.
- Discuss the issue with your employer. Some companies may offer formal mediation options that may be able to resolve the issue without needing to resort to litigation.
- Continue to perform well at work and keep records of any job evaluation or performance reviews you may receive. It is important to establish that any disparity in pay that may be occurring is not the result of poor job performance.
- Take detailed notes about your day-to-day duties and work-related activities.
Contact A Philadelphia Equal Pay Discrimination Lawyer Today To Schedule A Free Consultation
Employees who have subjected to unequal pay based upon impermissible discrimination should consult with an attorney as soon as possible. In many cases, victims of discrimination can recover significant compensation from their employer through a lawsuit. To schedule a free case evaluation with one of our Philadelphia employment discrimination lawyers, call the Pearce Law Firm today at 215-557-8686.