In South Carolina, equal pay issues such as gender gaps or gaps due to race, age, gender, national origin, or sexual orientation are addressed with federal laws. These laws include the Equal Pay Act of 1963 and the Lilly Ledbetter Fair Pay Act of 2009, extending the lawsuit's time to two years. If you have experienced a discriminatory pay gap, speak with the South Carolina equal pay attorneys at The Noble Law. Read more about Equal Pay Laws in South Carolina.
Speak With a Equal Pay Lawyer
Despite advances in equal pay, it continues to be a serious issue that many employers fail to address despite social and legal pressures. If you have been discriminated against because of your gender, age, race, national origin, or sexual orientation, speak with the South Carolina Equal Pay Lawyers at The Noble Law. Employees in the US have the right to be free of workplace discrimination in their compensation. These protections are provided in Federal law and are enforced by filing a lawsuit under the Equal Pay Act.
Equal Pay Act of 1963
The Equal Pay Act of 1963 was passed into law at the federal level. Often called the “equal pay law,” it is part of the Fair Labor Standards Act of 1938. This Act prohibits employers from paying different wages to men and women working under similar conditions and whose jobs require the same level of skill, effort, and responsibility. Therefore, it created a cause of action to sue for discrimination based on gender by employers and was a milestone in winning equal pay under federal law. It applies to salaries, wages, overtime, bonuses, benefits, stock options, profit-sharing plans, vacations, and many other aspects of compensation.
The Lilly Ledbetter Fair Pay Act of 2009
The Lilly Ledbetter Fair Pay Act was signed into law to address the legal precedent developed in Ledbetter v. Goodyear Tire. In this case, the Supreme Court decided that the statute of limitations begins to run on the date that the employer makes the initial discriminatory pay decision, as opposed to when it was reflected in a paycheck.
It allows workers to file pay discrimination allegations under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act without being held to the previous 180 or 300-day deadlines to file with the Equal Employment Opportunity Commission (“EEOC”) or other similar state agency.
It allows employees to recover compensation for up to two years before filing the complaint. Additionally, it requires employers to keep certain records that can help prove discriminatory policies and decisions.
Under this Act, a discriminatory pay practice that forms a cause of action includes:
- A discriminatory compensation decision or other practice is adopted
- An individual becomes subject to the decision or practice
An individual is affected by the application of the decision or practice, including each time wages, benefits, or other compensation is paid.
Proving Equal Pay Discrimination
Although the Lilly Ledbetter Act and Equal Pay Act have made significant progress in workers’ rights to equal pay, the burden of proof still falls on the individual to prove discrimination. In addition, it doesn’t have to be intentional—an employee only needs to prove that gender-based pay differentials exist for virtually identical work for the same employer– and that it doesn’t fall under any exclusions in equal pay law.
Exclusions include:
- Use of a bona fide seniority system
- Merit system
- An incentive system
- Any factor other than gender
Often, a policy that seems at first glance, or “on its face,” as non-discriminatory will have a discriminatory intent and a roundabout yet predictable way to prove it. If you feel that this may be the case, speaking with a gender pay gap lawyer can add essential industry context to your situation.
How The Noble Law Can Help
The Noble Law is a women-owned practice, and we are a recognized leader in employment law with offices in North Carolina, South Carolina, and New York. We work hard to deliver outcomes with integrity. The South Carolina employment attorneys at The Noble Law are ready to review your case, obtain documents from your employer, and represent your right to the money you earned. Contact us today to schedule a consultation.
The Noble Law – Employment Attorneys
If you have faced pay discrimination at work, speak with the South Carolina equal pay lawyers at The Noble Law about the compensation you already earned. We provide clients with legal counsel and representation in North Carolina and South Carolina. Contact us today to schedule a consultation with one of our experienced employment law attorneys.
