The Gender Pay Gap: Why Do Women Still Earn Less Than Men in the Workplace?

Shavitz Law Group

Despite progress in achieving gender equality, one issue that continues to persist in the modern workplace is the gender pay gap. Women in the United States, on average, earn less than their male counterparts for performing the same work. This article delves into the reasons behind this disparity and explores the legal measures that have been implemented to address it. 

Understanding the Gender Pay Gap

The gender pay gap refers to the difference in average earnings between men and women in the workforce. Despite similar educational qualifications, experience, and skills, women tend to earn less than men in various industries and professions. According to data from the U.S. Census Bureau, women in the United States earned approximately 82 cents for every dollar earned by men in 2020. This gap is even wider for women of color and those in higher-paying positions.

Root Causes of the Gender Pay Gap

  • Occupational Segregation: Women are often concentrated in industries and occupations that traditionally pay less. This occupational segregation, along with the undervaluation of feminized industries, contributes significantly to the pay gap.
  • Motherhood Penalty: Women are disproportionately affected by the motherhood penalty, which refers to the negative impact on earnings and career advancement that often occurs when women have children. This penalty is driven by factors such as biases, limited access to flexible work arrangements, and inadequate parental leave policies.
  • Lack of Representation in Leadership Positions: Women continue to face barriers in reaching senior leadership roles. This lack of representation not only affects their earning potential directly but also perpetuates gender disparities throughout the organization.

Legal Measures Addressing the Gender Pay Gap

Recognizing the need to address this pervasive issue, the U.S. government has implemented the following legal measures to tackle the gender pay gap:

  • Equal Pay Act of 1963: This federal law prohibits gender-based wage discrimination by mandating equal pay for equal work. However, challenges remain in enforcing this law effectively.
  • Title VII of the Civil Rights Act of 1964: Title VII prohibits employment discrimination based on sex, ensuring that women have equal opportunities in the workplace. It covers aspects such as hiring, promotion, and compensation.
  • State and Local Laws: Many states and localities have introduced additional measures to combat the gender pay gap. For example, some have implemented salary history bans, which prevent employers from considering an applicant’s previous salary during the hiring process.

Collaborating with Seasoned Employment Lawyers

Navigating the complexities of employment law and addressing gender pay gap issues requires expertise and guidance from experienced lawyers. Seasoned lawyers specializing in employment law can provide essential support to individuals facing pay discrimination. They can assist in analyzing compensation data, identifying discriminatory practices, and pursuing legal remedies.

Shavitz Law Group

Despite advancements in gender equality, the gender pay gap remains a persistent issue in the United States. Shavitz Law Group is committed to empowering individuals and fighting for workplace equality. We understand the emotional and financial toll that pay discrimination can have on individuals and are dedicated to seeking justice on their behalf.

If you have been the victim of pay discrimination in the United States, call Shavitz Law Group at (800) 616-4000. 

How To Prove Pay Discrimination in the United States

Pay discrimination is a pervasive problem in the United States, and it is particularly prevalent for women, minorities, and other historically disadvantaged groups. Despite the existence of laws such as the Equal Pay Act and Title VII of the Civil Rights Act, pay discrimination continues to be a significant issue in many workplaces. In this article, we will discuss how to prove pay discrimination in the United States and provide some tips for those who believe they have been unfairly compensated.

What is Pay Discrimination?

Pay discrimination occurs when employees are paid differently for performing the same or substantially similar work based on their gender, race, age, national origin, or other protected characteristics. This type of discrimination can take various forms, such as paying women less than men for the same job or paying people of color less than white employees for the same work. Pay discrimination can also occur when employees are not given the same opportunities for training or promotion as their colleagues, resulting in lower pay over time.

Pay discrimination can have a significant impact on an individual’s career and finances, making it challenging to support themselves and their families. Therefore, it is crucial to recognize the signs of pay discrimination and take action to address it.

How to Prove Pay Discrimination

If you suspect that you are the victim of pay discrimination, there are several steps you can take to prove it. Here are some of the most effective ways to do so:

  1. Gather Data: The first step in proving pay discrimination is to gather data. You should collect information about your own pay and the pay of your colleagues who perform similar work. You can start by looking at your paycheck and pay stubs, as well as any performance evaluations or other documents that relate to your job duties and responsibilities. You can also talk to your colleagues to find out what they are paid.
  2. Compare Pay Rates: Once you have collected data about your own pay and that of your colleagues, the next step is to compare the pay rates. You can do this by looking at the hourly wage or salary for each person and determining if there are any significant differences. If there are disparities in pay, you can then consider the reasons for those differences, such as differences in education, experience, or job duties.
  3. Check for Discrimination: After comparing pay rates, you should determine if there is any evidence of discrimination. This can be done by looking at factors such as gender, race, age, or national origin. If you find that employees who share a protected characteristic are consistently paid less than their colleagues, it may be evidence of discrimination.
  4. Document Evidence: It is essential to document any evidence of pay discrimination that you find. This means keeping records of your pay, performance evaluations, job descriptions, and other relevant documents. It is also a good idea to take notes during any meetings or conversations related to your pay or performance. This documentation can be used as evidence in a discrimination lawsuit.
  5. File a Complaint: If you believe that you have been the victim of pay discrimination, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor department. These agencies can investigate your claim and may take legal action against your employer if they find evidence of discrimination.

Tips for Proving Pay Discrimination

Here are some additional tips to help you prove pay discrimination:

  1. Be Prepared: When collecting data and documenting evidence of pay discrimination, it is essential to be prepared. This means doing your research, knowing your rights, and being aware of the legal process for filing a discrimination claim.
  2. Seek legal Advice: If you believe that you have been the victim of pay discrimination, it is a good idea to seek legal advice. An experienced employment lawyer can help you understand your rights and options and can guide you through the legal process.
  3. Keep Accurate Records: To prove pay discrimination, it is essential to keep accurate records of your pay, job duties, and performance evaluations. This documentation can be used as evidence in a discrimination lawsuit. Keep a record of your hours worked, bonuses earned, and any changes in your pay rate. You should also maintain a record of your job responsibilities and duties, as well as any communication or feedback from your employer. Keeping these records up-to-date and organized can make it easier to prove pay discrimination if it occurs.
  4. Know the Law: It is important to understand the law when it comes to pay discrimination. Several federal and state laws prohibit pay discrimination based on gender, race, age, and other protected characteristics. Knowing these laws can help you identify instances of pay discrimination and take appropriate legal action. The Equal Pay Act of 1963 prohibits pay discrimination based on gender. It requires that men and women be paid the same wage for performing the same job, with few exceptions. Title VII of the Civil Rights Act of 1964 prohibits pay discrimination based on race, color, national origin, religion, or sex. The Age Discrimination in Employment Act of 1967 prohibits pay discrimination based on age, while the Americans with Disabilities Act of 1990 prohibits pay discrimination based on disability.
  5. Don’t Give Up: Proving pay discrimination can be a long and challenging process, but it is essential not to give up. Keep fighting for your rights and seek help from legal professionals if necessary. Remember that you have the right to be paid fairly for the work that you do, regardless of your gender, race, age, or other protected characteristics.

Pay discrimination is a significant problem in the United States, and it affects many employees, particularly women and minorities. If you believe that you have been the victim of pay discrimination, there are several steps you can take to prove it. By collecting data, comparing pay rates, checking for discrimination, documenting evidence, and filing a complaint, you can hold your employer accountable and seek justice for unfair compensation. Remember to stay informed about your rights, seek legal advice, and don’t give up in the fight against pay discrimination. With persistence and determination, you can make a difference in your own life and in the lives of others who are affected by this pervasive problem.

Call Shavitz Law Group

Do you believe pay discrimination has happened to you? Call the experienced employment attorneys at Shavitz Law Group. We can assist you with fighting discrimination in your workplace. Call today at (800) 616-4000.

Supreme Court ruling backs LGBT Workers

In a landmark decision, the United States Supreme Court ruled on Monday, June 15, 2020 that the protections of Title VII of the Civil Rights Act of 1964 (“Title VII”) protects gay and transgender workers from workplace discrimination.  Title VII forbids employers from discriminating against employees on the basis of sex aswell as gender, race, color, national origin and religion.

Justice Neil Gorsuch authored the opinion, and explained that “[t]he only question before [the Court] is whether an employer who fires someone for being homosexual or transgender has discharged or otherwise discriminated against that individual because of such individual’s sex.” In concluding that such an action would be discrimination, Justice Gorsuch explained that “it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.”  He went on to explain that “[a]n employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex.”  Therefore, “Title VII, which prohibits discrimination based on sex,should be understood to include sexual orientation and gender identity” and “[a]nemployer who fires an individual merely for being gay or transgender defies the law.”

Until this decision, it was legal in over 25 states to terminate employees for being gay, bisexual or transgender.  Now, members of the LGBT community will benefit from the same protections as all other employees in the workplace.

The case is Bostoc v. Clayton County, Georgia. The complete opinion can be found at the following link: .

If you want to learn about your rights, please contact The Shavitz Law Group at [email protected] or at 800-616-4000 for a free consultation. We would be happy to assist you in a free consultation to discuss your employment concerns.


Gregg Shavitz, Shavitz Law Group, 951 Yamato Rd Ste 285, Boca Raton, FL and 800 3rd Ave, Suite 2800, New York, NY.  Lawyers licensed in states including FL, NY, NJ, and TX.  The choice of a lawyer is an important decision and should not be based on advertisements alone.

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A National Retailer Settles a $45 Million Massive Gender Discrimination Lawsuit

Shavitz Law Group

Family Dollar paid $45 million to settle claims that the retailer paid men more than women for doing the same work. The lawsuit claimed that Family Dollar violated the Equal Pay Act because it allegedly favored men over women regarding their pay.

These cases are more common than one would think. Studies have shown that women earn as much as 39% less than men. In recent years, companies have paid tens of millions of dollars to settle these claims. The #MeToo movement is helping to bring these claims to light and stop these unlawful practices.

The Equal Pay Act prevents discrimination on the basis of gender. Employees who perform similar work must be paid comparably and one gender cannot be favored over another. Federal and state laws protect women from this type of discrimination.

Shavitz Law Group serves and protects women who have been subject to unlawful bias in the workplace or denied pay for all work they perform.

If you feel as if you’ve been discriminated against at work based on your gender within the past 3 years, please click the Contact Us button below, and a member of our law firm will contact you for an evaluation of your case.