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.
In Washington, DC, a powerful combination of federal and local laws protect you from unfair pay practices. These laws cover three main areas:
- Freedom from pay discrimination
- Transparency to help reveal unfair pay
Equal Pay for Equal Work
The Equal Pay Act is a federal law that 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. It makes the principle of “equal pay for equal work” a legal requirement.
But not every pay difference is illegal. An employer can justify wage disparities for limited reasons, including:
- A system that measures earnings by quantity or quality of production
- Any other factor other than sex
In practice, the law doesn’t require the two jobs being compared to be identical. Instead, courts look at whether the roles require substantially equal skill, effort, and responsibility, and are performed under similar working conditions in the same establishment.
The EPA covers virtually every employer. There is a rare but important exception for very small employers—specifically those with miniscule revenues or impact on the broader economy.
Freedom From Pay Discrimination
Two anti-discrimination laws in Washington, DC, are designed to protect you from discrimination. Unlike the EPA, which focuses on whether men and women performing substantially equal jobs are paid differently, anti-discrimination laws ask a different question: whether a worker was treated worse because of a protected characteristic with respect to a term or condition of employment—such as their compensation.
You can also establish a violation under a “disparate impact” theory, which challenges an employer’s neutral, company-wide policies—like setting pay based on generic testing or assigning workers to specific job roles—if those policies result in a protected group receiving less pay and the company does not have a legitimate business reason for the policy.
Title VII
Title VII of the Civil Rights Act prohibits employers from making compensation decisions based on a worker’s sex, race, color, religion, or national origin.
Unlike the Equal Pay Act, it is not limited to claims for unequal pay, so it can reach a wider range of discriminatory pay practices.
District of Columbia Human Rights Act
The District of Columbia Human Rights Act protects workers from pay discrimination based on a wide range of characteristics, including sex, race, national origin, sexual orientation, gender identity, disability, age, and marital status. Because the DCHRA protects more characteristics than federal law, some forms of pay discrimination that are not covered by Title VII may violate the Human Rights Act.
The Human Rights Act also applies more broadly in Washington, DC, than Title VII. If your employer has at least one employee in the city, it protects you.
Using Information to Prevent Pay Inequity
Washington, DC, like a growing number of states, requires employers to include a pay range in job postings. Job listings must include either the minimum and maximum salary, or the hourly rate.
In addition to the financial compensation, the Wage Transparency Act requires an employer to tell applicants about a position’s healthcare benefits—before the first interview.
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. The Wage Transparency Act and federal law protect your right to discuss pay with others.
While the law gives workers greater access to compensation information, it also prohibits employers from asking applicants about their salary history or relying on prior compensation when deciding what to pay them. The purpose of the law is to prevent historical wage disparities from following you from one job to the next.
If you were underpaid in the past, that shouldn’t become the baseline for what you earn in the future.
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: Washington, DC, workers are protected by strong laws, but those protections are meaningless if you fear retribution for exercising them.
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 Washington, DC, 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, Washington, DC’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.
