Although you may suspect that you are being paid less than a male coworker for the same job, you cannot take legal action against your employer unless you actually have proof. Making a case for pay discrimination isn’t always easy.
However, there are a few simple steps that you can take to find out where you fall on the company pay scale.
Ask Your Coworker How Much They Are Making
Although this may be a step that you are unwilling to take, it is your right to ask. According to the National Labor Relations Act, you have the right to discuss your pay with other employees at the company, as long as they are not in a supervisory position. Your employer cannot legally prohibit you from discussing your pay with other employees.
Ask a Former Coworker How Much They Were Making
If your coworkers are unwilling to discuss how much they make, or you simply don’t want to ask, you may have better luck asking a former colleague. If you have a good relationship with a former coworker of the opposite sex, you may want to ask them how much they made while working at the company. If they made more than you for the same work, this could help you prove pay discrimination.
Look at Public Records Filed With the SEC
If your company is required to file documents with the U.S. Securities and Exchange Commission (SEC) or another government agency, these public records may include employee pay records. Similarly, severance agreements may become public record in SEC filings, which could shed light on how much a particular employee was making. A simple online search could provide you with this information.
I Have Proof That a Coworker Is Making More – What Now?
If you already have proof that your male coworker is being paid more than you for the same job, the first step you should take is to discuss your case with an employment lawyer. With more than 50 years of combined legal experience, Biesecker Dutkanych & Macer, LLC can help you build an effective case. We only advocate for the rights of employees, never employers, so you can trust that our legal team will have your best interests in mind.