California’s Equal Pay Act forbids employers from paying lower amounts to any employee based on discrimination motivated by their gender, race, ethnicity, sexual orientation, or possible disability.
Generally speaking, equal employment can be defined as the situation under which all employees who possess the same skill set, demonstrate the same effort, and have similar workplace responsibilities are compensated equally. In other words, equal employment implies the absence of discriminatory practices based on the groups to which an employee may belong.
The California Equal Pay Act also protects employees from potential retaliation by an employer should that employee file a claim related to the employer’s participation in unlawful compensation or discriminatory practices of any kind.
For an employee to file a claim under the Equal Pay Act, the following requirements must be met:
The first requirement is that the claim must be filed within two years of the unlawful action. However, if the violation of rights was a deliberate decision by the employer, the employee has up to three years to file his or her claim.
The second requirement is that the claim is made to the Labor Commissioner’s Office or the California Department of Fair Employment and Housing.
The third requirement is that the employee must be able to show that there is some type of employment discrimination related to gender, race, ethnicity, or another trait. If so, the onus is on the employer to show a legitimate reason for the difference in wages or salary amounts between different employees.
It is also important to note that an employer cannot retaliate against the employee if the employee requests the wages of his or her co-workers. However, suppose the employer were to retaliate against the employee. In that case, the employee could also file a retaliation claim and be awarded damages.