Can I Sue My Employer for Unequal Pay for the Same Job?

Your ability to sue your current or former employer for paying a co-worker more for the same job is limited. This blog will cover how this works with a case as an example. Generally, employers can pay employees as they see fit, as long as they don’t violate contracts with their employees or state or federal laws. Under California law, if the evidence shows you’re being paid less than someone of a different race, ethnicity, or sex, you may have a viable claim.

The Tustin unequal pay lawyers at MJB Law Group, APC understand the financial and emotional toll unequal pay can take on you and your family. Our team of experienced unequal pay attorneys is dedicated to fighting for your rights if you’re the victim of illegal employment practices.

A pending lawsuit against Apple is an example of women’s compensation struggle and how they can take action to break the cycle of unequal pay. California’s unequal pay statute covers claims based on sex, race, and ethnicity. Other state and federal laws protect different groups of people against unequal terms and conditions of employment, including pay. Both laws and how they’re applied can be complex, so get help from an unequal-pay attorney.

Apple Accused of Unequal Pay Based on Sex

A proposed class-action lawsuit is pending against Apple, reports the Wall Street Journal. Plaintiffs claim they were underpaid when they started at Apple, and the company’s practices didn’t allow their pay to catch up to what their male counterparts earn.

Two female employees allege the company pays higher salaries to men for similar work, and its system of deciding who deserves raises is biased against women. The lawsuit was filed in state court in San Francisco in June.

The plaintiffs want to expand their lawsuit to represent 12,000 women who have worked at Apple since 2020. They allege that from 2020 to 2024, the company violated California’s unfair business practices, equal pay, and employment laws.

An Apple spokesman told the Journal that the company has achieved and maintained fair gender pay since 2017. He said the company works with an outside expert to review employees’ total compensation and make changes when needed.

Google and Oracle settled similar claims filed in California courts. Google settled its case in 2022 by agreeing to pay $118 million to 15,500 women, and Oracle agreed to pay $25 million to 4,000 female employees earlier this year. Neither company admitted wrongdoing.

Plaintiffs Claim Apple Takes Advantage of Women’s Traditionally Lower Pay Rates

A critical issue in the case against Apple is how the company sets pay for new employees. Before 2018, Apple asked job applicants for their previous salaries to determine pay, according to the lawsuit.

After California passed a law in 2018 banning employers from using prior pay to set compensation, Apple asked applicants about their pay expectations. The plaintiffs claim this practice maintains sex discrimination because women are historically paid less than men.

Two Women Decide to Confront Apple with Legal Claims

One of the plaintiffs, Justina Jong, said several years ago she found a male co-worker’s W2 federal income tax form on a printer at work. His base salary was $10,000 more than hers, though they had the same job responsibilities.

The lawsuit states Jong was hired in 2013. Apple paid her the same base salary as her prior employer. In subsequent years, they didn’t increase her pay so she’d be on equal footing with male co-workers.

Jong stated she debated for several years whether to get involved with a lawsuit. She decided to do so after hearing about unequal pay from other Apple employees.

The second plaintiff in the case, Amina Salgado, started working for Apple in 2012. She’s held several jobs there, including managing the AppleCare division in the company’s office outside Sacramento.

She states that she learned she was paid less than men in similar roles. She complained about it several times, and the company agreed with her. They increased her pay but didn’t give her money to cover the difference in pay she earned in the past. She’s seeking back pay as damages in this lawsuit.

Apple’s System of Reviewing Employees Prevents Female Workers from Getting Equal Pay

Plaintiffs allege Apple’s policies favor men and continue the pay gap for female employees, according to ARS Technica. They point to Apple’s performance evaluation policies, which allegedly reward men in categories like leadership and teamwork but penalize women who excel in those areas.

Apple is also accused of considering employees “talent” and giving them higher pay than others. Jong and Salgado, who’ve had leadership roles, were never designated as “talent” that merited a pay increase. They alleged Apple is biased against women by rewarding male “talent” more often and ignoring talented female employees.

Additional Examples of Successful Unequal Pay Lawsuits

1. The Lilly Ledbetter Fair Pay Act of 2009

• Case: Lilly Ledbetter, a supervisor at Goodyear Tire & Rubber, worked for nearly 20 years and was consistently paid less than her male counterparts.
• Outcome: Although Ledbetter had filed a discrimination charge within the 180-day statute of limitations after her most recent paycheck, the Supreme Court initially ruled against her, stating that the statute of limitations began when she was first underpaid. However, the Lilly Ledbetter Fair Pay Act was subsequently passed, which extended the statute of limitations for filing a pay discrimination claim to 180 days after the discriminatory pay is received, making it easier for employees to challenge long-standing pay disparities.

2. Comparable Worth Cases

• Case: In the 1980s, several lawsuits were filed based on the concept of “comparable worth,” which argued that jobs requiring similar skills, effort, and responsibility should be paid equally, regardless of the traditional gender roles associated with them.
• Outcome: While many of these cases were unsuccessful, they raised awareness about pay disparities and led to some advancements in pay equity.

3. Class Action Lawsuits

• Case: In recent years, several large-scale class action lawsuits have been filed against major corporations, alleging systemic pay discrimination against female employees.
• Outcome: These cases have resulted in significant settlements and have put pressure on companies to implement more equitable pay practices.

4. Industry-Specific Pay Discrimination

• Case: In the tech industry, studies have shown that women are often paid less than their male counterparts, even when controlling for factors such as experience, education, and performance.
• Outcome: Lawsuits and public pressure have led to some changes in the tech industry, but pay disparities persist.

5. Government Employees

• Case: Government employees have also filed successful lawsuits against their employers for unequal pay. In some cases, these lawsuits have led to changes in government pay scales and policies.

It’s important to note that these are just a few examples, and the laws governing pay discrimination can vary from jurisdiction to jurisdiction.

Unequal Pay in the Workplace: Statistical Data

California

• California Fair Employment and Housing Act (FEHA): California has strict laws prohibiting pay discrimination based on protected characteristics such as gender, race, religion, national origin, disability, and age.
• Wage Gap: While California has made strides in closing the gender pay gap, it still exists. According to the California Department of Fair Employment and Housing, women in California earn approximately 82 cents for every dollar earned by men.
• Industry Variations: The pay gap varies across different industries. Women in some industries, such as retail and hospitality, tend to have larger pay gaps than those in others, such as technology and finance.

National

• National Gender Pay Gap: Nationwide, women in the United States earn about 82 cents for every dollar earned by men.
• Racial and Ethnic Disparities: The pay gap is even more pronounced for women of color. For example, Black women earn about 73 cents for every dollar earned by white men, and Hispanic women earn about 67 cents.
• Education and Experience: While education and experience can help narrow the pay gap, they do not eliminate it entirely. Women with similar qualifications to men often still earn less.
• Occupational Segregation: Women are often concentrated in lower-paying occupations, such as teaching, nursing, and administrative support. This occupational segregation contributes to the pay gap.

Note: These statistics are based on recent data and may have changed slightly since then.

Contact Tustin Unequal Pay Lawyers

 If you believe you’re the victim of unequal pay by your current or prior employer, take action and fight for your rights. Ignoring discrimination in the workplace won’t make it stop. If you believe you’re being discriminated against in your pay rate, get help from an MJB Law Group, APC unequal pay attorney in Tustin. They can help you understand applicable laws and guide you through the legal process.

Contact our employment law firm for a FREE consultation and case evaluation. Call our attorneys at (949) 266-0880 or fill out our confidential contact form.