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Proving pay/wage discrimination in the United States.

Ramon Martin • May 16, 2023

Proving pay discrimination in the United States typically involves gathering evidence and establishing a pattern of unequal pay based on protected characteristics. Here are some steps you can take:



  1. Collect data: Gather information on your own salary and benefits, as well as those of your colleagues in similar roles. Include relevant details such as job titles, responsibilities, qualifications, and years of experience.
  2. Research: Compare your findings with industry standards and salary data for similar positions. This can help determine if there are significant pay disparities.
  3. Identify a comparator: Identify a colleague of the opposite sex, or of a different race or ethnicity, who is in a comparable position. Compare their compensation package to yours and look for disparities.
  4. Document evidence: Maintain a record of any relevant evidence, such as emails, performance evaluations, job descriptions, or promotions, that indicate discriminatory practices or pay disparities.
  5. Consult an attorney: Seek advice from an employment attorney who specializes in pay discrimination cases. They can evaluate your situation and guide you on the legal aspects of your claim.
  6. File a complaint: If you believe you have sufficient evidence of pay discrimination, you can file a complaint with the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC) at the federal level or the relevant state-level agency.
  7. Investigation: The agency will investigate your complaint, potentially interviewing you, your employer, and other relevant parties. They may request additional evidence or conduct an onsite visit.
  8. Legal action: If the investigation supports your claim, you may have the option to pursue legal action against your employer, either through a private lawsuit or with assistance from the agency handling your case.


Remember, laws and procedures can vary, so it's important to consult with a legal professional who can provide guidance based on your specific circumstances and applicable laws.


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