I Was Paid Less Than a Coworker Doing the Same Job
The scenario
You found out, maybe by accident, that a coworker doing substantially the same job earns more than you. Same duties, same responsibility, sometimes less experience on their side. The gap is not small, and no one can give you an honest reason for it.
What might be happening?
When people who do substantially equal work are paid unequally because of sex, that can be unlawful. The comparison is about the work, not the job title. If the jobs require similar skill, effort, and responsibility under similar conditions, the pay should not turn on who is a man and who is a woman.
Employers can point to seniority, merit, or a real system that measures output. What they cannot do is pay you less for the same work because of your sex and call it a coincidence. On the EEOC charge, an equal pay claim is filed under the sex basis.
What should you document?
- Your job duties and pay
- The coworker's duties and pay
- How you learned about the gap
- The skill, effort, and responsibility each role requires
- Any reason the employer gave for the difference
- Your reviews and theirs, if known
- Pay stubs, offer letters, and job descriptions
- Witnesses
Questions to ask
- Is the work substantially equal, not just the title?
- Is the higher-paid coworker a different sex?
- Is there an honest system behind the gap?
- How large is the difference?
- Do you have anything in writing about the pay?
What deadline might apply?
Discrimination claims run on a strict clock. Depending on your state, you generally have 180 or 300 days from the act to file a charge with the EEOC. Miss it, and the federal door can close. Do not guess your date.
Based on your input, DN's deadline calculator indicates the windows that may apply to you.
Check your deadline →What happens next?
Equal pay claims run through the EEOC under the sex basis. You file a Charge, the agency investigates or offers mediation, and you may receive a Notice of Right to Sue. Pay records and job descriptions carry these cases, so gather what you can.
Your next step
Discrimination Navigator is an educational self-help tool, not a law firm, and this is general information, not legal advice. Every situation is different. If you want advice about your specific case, speak with a licensed employment attorney.