Houston employment lawyers Robert J. Wiley and Kalandra N. Wheeler represent Houston workers who have been not been treated equally with regards to their compensation. They have the experience to make sure that every avenue is pursued and every rock is left unturned.
There are a variety of laws that mandate employers compensate both men and women the same. This includes all forms of compensation such as salary, overtime pay, bonuses, stock options, profit sharing plans, vacation time and holiday pay, and other benefits.
Under the Equal Pay Act of 1963, this country took one of its first major steps in establishing an equal work environment between genders. The Equal Pay Act mandates that employers must pay both men and women the same rate if they are performing similar jobs. The law does set out factors that are weighed when considering if the conditions are similar such as:
- Skills obtained from education, experience, ability, and training to perform the work;
- The amount of physical and mental effort required to perform the work;
- The degree of accountability required to perform the work;
- Physical conditions in which the work must be preformed such as temperature or work hazards; and
- Actual location of where the job is located.
The Lilly Ledbetter Fair pay Act of 2009 further strengthened the Equal Pay Act. Prior to 2009 employees had a very narrow window of time to uncover discrimination related to their wages. This was because the illegal act was considered to begin when you first started working for an employer. Under the Lilly Ledbetter Act, each and every paycheck is now considered an illegal act. Thus the statute of limitations is reset every pay period. This ensures that employees have ample time to uncover any pay discrepancies.
Furthermore, under both Title VII of the Civil Rights Act of 1964 and the Texas Labor Code discriminating with regards to an employee benefit is illegal if it is based on gender. This means that if you are not getting the same benefit packages, tuition reimbursement, or bonuses similarly situated employees of the opposite gender are receiving you may have had your rights violated.
You have worked too hard to be illegally discriminated against just because of your gender. Too often are there erroneous stereotypes that just because someone is of a certain gender they are not able perform at a certain level or handle certain situation. This in turn may create pay discrepancies that may persist for the rest of your career. As such, it has the potential of costing you thousands of dollars in the long run if you do not step forward and fight for an equal pay rate. Under the law, employers are not able to decrease the wages of those members of the opposite gender to accommodate your situation, but they are obligated, if discrimination is found, to raise your wage. You need not worry about negatively impacting anybody’s wages.
The only way to defend not only your rights as a hard working employee but those of others is to step forward. We can only do our job if workers step forward and fight unfair employment practices. It can be difficult to step forward and take a stand and that is why you need a team of professionals that will be with you every step of the way.
If you feel you have not been properly or equally compensated to other members of the opposite gender, do not hesitate to contact our law firm. There are many deadlines that require a quick turnaround. Depending on your case you have anywhere from 180 days to 300 days to report a violation of the Title VII to the EEOC. If you choose to contact us, you will generally meet with an attorney to discuss your matter. If we believe a violation of the law has occurred and if you decide to hire us, we will sign a representation agreement and enforce your rights.