Pay Disparity & Equal Pay
If you’re doing the same work, you deserve the same pay.
Why Equal Pay Cases Are Rare, and Real
Pay disparity between men and women doing the same job is not a secret. It exists. But legal claims around equal pay are harder to bring than most people realize, primarily because people rarely know what their coworkers earn.
In New York, salaries are generally considered private. Without knowing what a comparable colleague makes, it’s difficult to identify a disparity, let alone prove one. That’s by design, and it’s part of why these cases are underreported and under-litigated.
When a Case Does Emerge
The clearest equal pay cases involve employees in virtually identical roles, same responsibilities, same qualifications, same time at the company, where a meaningful pay gap exists along gender lines. The challenge is that employers often point to small differences in background, credentials, or tenure to justify pay gaps that are really just discrimination.
It happened to Lina Stillman herself. Graduating the same year, doing the same work, with more languages and more time at the firm, and still earning $70,000 less than a male colleague. That’s not coincidence. That’s a pattern.
Evidence Is Everything
Stillman Legal knows how to fight inside a system that wasn’t designed to make this easy. Lina has helped individuals and families navigate some of the hardest moments of their immigration journey, and she does it in your language.
New York's Salary Transparency Landscape
New York City now requires employers to post salary ranges in job listings, which is beginning to create more visibility into pay structures. If you’re in a role where that information has become available, and you’re seeing a significant gap, it’s worth a conversation.
Think this applies to you? Don’t try to figure it out alone, that’s what we’re here for. Call Stillman Legal P.C. for a free consultation. We don’t get paid unless you do.
Confidential. Multilingual available. No fee unless we win your case.
FAQ
Frequently Asked Questions
What is pay disparity and how is it measured?
Pay disparity in a legal context refers to an unlawful gap in compensation between employees who perform substantially equal work under similar working conditions, where the difference is motivated by a protected characteristic like sex, race, or ethnicity.
Lawyers and forensic economists measure pay disparity by analyzing total compensation; which includes base salary, bonuses, stock options, commissions, and benefits; not just your hourly wage. We identify "comparators" (coworkers in the same or similar roles) and use statistical regression analysis to control for legitimate variables like education, years of experience, and job performance. If a wage gap remains after filtering out those neutral factors, we have evidence of discrimination.
Why does pay disparity exist in the workplace?
While some companies intentionally discriminate, pay disparity more frequently thrives due to systemic corporate practices and unchecked biases, including:
- The "Prior Salary" Trap: Historically, employers set starting wages based on an applicant's past salary, which structurally locked in historical wage gaps (a practice now banned in many states).
- Secrecy Policies: A lack of pay transparency prevents employees from realizing they are being underpaid compared to peers.
- Subjective Discretion: Giving managers unchecked power to award discretionary bonuses, raises, and initial equity grants without clear, merit-based guardrails.
- The "Motherhood Penalty": Unconscious biases that result in women being under-compensated or passed over for promotions after taking parental leave.
Should I contact an employment lawyer if I think I was underpaid?
Yes. An employment lawyer can review your pay, hours, job duties, records, and potential claims to determine whether your employer violated wage and hour laws.
How do pay disparity lawyers gather evidence to prove wage discrimination?
Employers rarely admit to paying minorities or women less. To build a bulletproof case, we use the legal discovery process to compel your employer to turn over:
- Internal Payroll Database Records: Full compensation histories for you and your entire department or job title.
- Job Descriptions and Performance Reviews: To prove that you and your higher-paid male or white counterparts perform work requiring equal skill, effort, and responsibility.
- Internal Communications: Emails, Slack messages, and HR meeting minutes regarding compensation strategies and salary calibration.
- Expert Witness Reports: Depositions from labor economists who statistically prove the wage gap across the company cannot be explained by neutral business reasons.
How are damages calculated in pay disparity lawsuits handled by lawyers?
In a pay disparity lawsuit, lawyers calculate your financial damages using a rigorous, multi-layered approach that starts with the back pay differential; the exact dollar gap between your total compensation (including base salary, bonuses, and equity) and that of your higher-paid coworker, multiplied across a two-to-three-year statutory period. Under the federal Equal Pay Act, this base recovery amount is routinely doubled through mandatory liquidated damages, which serve as an automatic, dollar-for-dollar financial penalty against the employer. To maximize your walk-away numbers, we also pursue front pay to cover future lost earnings if the workplace hostility forces you to leave, compensation for emotional distress and punitive damages under Title VII or state laws, and statutory attorney's fees to ensure the company foots the bill for your legal representation.
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