What You Should Know if You’re Paid Less Than a Coworker
Pay inequity often comes to light because a worker notices something doesn’t quite line up—they learn someone doing similar work earns more, a job posting lists a higher range than they make, or a newer hire comes in above them.
New York’s pay equity laws have more than one way of addressing pay inequality. Together, they give you tools to challenge pay gaps that don’t hold up under scrutiny.
Because these laws overlap and work differently, it’s not always obvious which protections apply without looking closely at the facts.
Beyond ‘Equal Pay for Equal Work’
Many people have heard of “equal pay for equal work”—the idea that women and men should be paid equally for doing the same job. That standard can be difficult to meet because it can require lots of other things to be equal, such as job titles, duty stations, and day-to-day schedules.
New York’s equal pay law isn’t so onerous. Section 194 of the New York Labor Law goes beyond the rigid requirement of identical roles. The law generally prohibits paying employees in a protected class differently when they perform similar work, meaning the jobs do not have to be a perfect match.
Protected classes include:
- Gender identity or expression
- Predisposing genetic characteristics
- Status as a victim of domestic violence
- Anybody protected from discrimination under the New York State Human Rights Law
To determine whether two roles are substantially similar, the law looks at the work as a whole: the skill, effort, and responsibility required to do the job, as well as whether the work is performed under similar working conditions.
Pay Differences Cannot Be Based on Protected Characteristics
If you are doing substantially similar work, your employer cannot pay you less based on protected class status. New York’s pay equity protections go beyond sex‑based wage discrimination and cover pay differences tied to race, national origin, age, disability, sexual orientation, gender identity or expression, and other protected characteristics.
The law focuses first on the work being done. If the work is comparable, the employer must then justify why one worker is paid less than another.
Some Pay Gaps May Be OK—If They Can Be Justified
Not every pay difference is illegal. Employers are allowed to pay workers differently when the reason is legitimate and job‑related.
For example, higher pay may be allowed if it’s the result of a seniority system, a merit system, or measuring earnings by quantity or quality of production. Employers may also rely on bona fide factors such as education, training, or experience, but only if those factors truly explain the difference and are related to the job.
What employers cannot do is rely on vague explanations or neutral‑sounding policies that end up masking discrimination based on protected characteristics.
When Pay Discrimination Violates the Human Rights Law
Separate from the equal pay law, the New York State Human Rights Law makes it illegal for employers to discriminate in compensation because of a protected characteristic.
This law doesn’t require you to compare your job to someone else’s or show that the work is substantially similar. Instead, it focuses on whether pay decisions were made because of who you are—for example, your race, sex, disability, sexual orientation, or gender identity.
Your Past Pay Should Not Determine Future Earnings
As part of its pay equity framework, New York law also limits how employers use wage or salary history. In most cases, Labor Law § 194‑a prohibits employers from asking about your prior pay. But you can voluntarily disclose past wages, such as if doing so would help you negotiate for higher pay.
The idea is simple: if you were underpaid in a previous job, that unfairness shouldn’t carry forward into your next job or promotion.
You Are Allowed to Talk About Pay
How much people make is often a sensitive topic, which means you may not know there is a pay disparity until you learn what a coworker earns.
New York and federal law protect your right to discuss pay with others. Employers cannot ban these conversations nor punish you for having them, even if they reveal uncomfortable information.
You Are Protected From Retaliation
If you raise concerns about unequal pay, discuss wages, or refuse to provide pay history, your employer cannot legally retaliate against you.
Retaliation can take many forms, including discipline, demotion, reduced hours, undesirable assignments, or termination. The idea is simple: New York workers are protected by strong laws, but those protections are meaningless if you fear retribution for exercising them.
Federal Law Matters Too
New York has a robust set of pay equity laws, but federal law applies too. Depending on the circumstances, pay discrimination may also violate laws such as the federal Equal Pay Act or Title VII of the Civil Rights Act.
- Equal Pay Act: Requires employers to pay men and women equally for performing jobs that require equal skill, effort, and responsibility and are performed under similar working conditions.
- Title VII: Prohibits employers from paying workers less because of sex or other traits such as race, color, religion, or national origin.
What to Do if the Explanation Doesn’t Add Up
If you believe you are experiencing wage discrimination, start by documenting the work you do and how it compares to others.
Speaking with an attorney can help you understand which pay equity laws apply and what to do. Having that conversation sooner rather than later is important because different laws have different deadlines and other factors to consider.
The Bottom Line
The laws in New York do not require workers to accept unexplained pay gaps. If you’re being paid less than you should be and the explanation doesn’t add up, New York’s pay equity laws may provide protection.
Speaking with an Outten & Golden attorney can help clarify your options and protect your rights. Call our intake team at 877-468-8836. They’re available to speak to you Monday to Friday, 8:30am to 9pm, eastern time.
