It is illegal if your employer considers your sex in determining your pay. Federal and state laws prohibit employers from paying you less based on sex. Pay discrimination can take many forms, including:
- Inequitable base pay.
- Exclusion from sex-specific meetings or networking opportunities.
- Limited access to customers, leads, and projects.
- Sex-specific advancement programs.
- Restricted access to non-competitive promotion opportunities.
If you are performing the same or substantially similar job duties as someone of the opposite sex under similar working conditions and you are being paid less, you may have an equal pay claim.
State Salary History Bans
The Illinois Equal Pay Act prohibits an employer or an employment agency from asking a job applicant to provide his or her previous salary history, including benefits and other compensation, as a condition of employment. It is also a violation for an employer to seek the wage or salary history of a job applicant from a current or former employer, unless the applicant’s wage or salary history is a matter of public record or the job applicant is a current employee applying for a position with the same employer.
At least 12 other states have passed similar legislation, including: Delaware, New Jersey, New York, Massachusetts, Connecticut, Vermont, Maine, Oregon, Hawaii, California, Colorado, and Washington.
If you live in Illinois or one of the states listed above and a job application asked for your current or former rate of pay or a potential employer has contacted your current or former employer asking for your salary history, your rights may have been violated.
If you have been paid less because of your sex or if you live in Illinois or one of the other states listed above and a potential employer has asked about your salary history, you have a limited amount of time to report and preserve your claims. It’s important to take action quickly. Call the experienced lawyers at Werman Salas P.C., for a free and private consultation.