Here are some disheartening statistics: the gender gap between men and women when it comes to payday grows significantly as time passes. One year out of college - 20%. Ten years after college - jumps to 31%. This begs the question: don’t we have laws against this kind of discrimination?

Yes, in fact we do. It’s called the Equal Pay Act and it specifically provides that two workers doing essentially the same job must not be paid different salaries/wages on the basis of gender. However, there are some weaknesses to the law that allow employers to get away with paying workers inequitably. Basically, the law states that the work performed must really be the same. Thus an employer can add in one extra duty to the male employee’s job description and thus justify the different salary.

Believe it or not, I’ve been a victim of this kind of discrimination myself (no, lawyers aren’t immune). A coworker with less experience than I had was paid quite a bit more per year than I was. This had been implemented by a prior administration. When I inquired about a raise at about the same time the coworker had given his notice of resignation to the subsequent administration, I was told “two wrongs don’t make a right.” I gave serious thought to pursuing the matter, but decided that the costs involved simply didn’t justify the possible outcome, especially given the weak nature of the law.

Was it wrong? According to the plain language of the act, yes - my employer apparently admitted as much. But it illustrates a real problem with employment law - oftentimes the cure is worse than the illness. Employment litigation can be among the most emotionally heated, protracted, costly, and just downright aggravating litigation in the courthouse. I advise potential plaintiffs to think long and hard about what they’re in for, if they decide to sue. It’s not that I advocate “turning the other cheek” when it comes to violations of federal and state law. But my job is to advise my clients to the best of my ability. Overlooking the very real costs of litigation in terms of dollars, emotional energy, and impact on relationships would be malpractice, in my opinion.

For more information about the Equal Pay Act, visit this page from the EEOC.