At the Law Office of Michael T. Smith & Associates, we know that fair pay is not just a goal; it is a legal right. Unfortunately, many employees in Illinois still face wage discrimination based on gender. This unequal treatment undermines workplace fairness and violates state and federal laws. If you suspect that you are being paid less than your colleagues because of your gender, you may have a valid claim for gender-based pay disparity. Understanding the laws that protect you is the first step toward holding employers accountable and securing the compensation you deserve.
Gender-based pay disparity occurs when employees performing the same or substantially similar work are paid differently because of their gender. This discrimination can be obvious, such as a woman being paid less than a male counterpart for the same position, or it can be subtle, involving differences in bonuses, benefits, or promotion opportunities. Illinois and federal laws make it illegal for employers to engage in pay discrimination based on gender.
Under the Equal Pay Act of 1963 (29 U.S.C. § 206(d)), employers are prohibited from paying employees of one gender less than employees of another gender for equal work requiring equal skill, effort, and responsibility under similar working conditions. Employers may only justify pay differences based on factors such as seniority, merit, quantity or quality of production, or any factor other than sex.
Additionally, Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e-2) makes it unlawful for employers to discriminate against employees on the basis of sex in compensation, terms, conditions, or privileges of employment. Employees can file claims with the Equal Employment Opportunity Commission (EEOC) under Title VII.
The Lilly Ledbetter Fair Pay Act of 2009 further protects employees by allowing each discriminatory paycheck to reset the statute of limitations for filing a pay discrimination claim, giving employees more time to take action.
Illinois provides additional protections against gender-based pay disparity. The Illinois Equal Pay Act of 2003 (820 ILCS 112/10) prohibits employers from paying employees of the opposite sex unequal wages for substantially similar work on jobs that require equal skill, effort, and responsibility and are performed under similar working conditions.
Amendments to the Illinois Equal Pay Act have strengthened these protections, adding transparency requirements for employers and increasing penalties for violations. Illinois law also prohibits retaliation against employees who inquire about, disclose, or complain about wage differences.
To build a strong case, employees must typically show:
Employers may attempt to defend pay differences based on seniority, performance, education, or other legitimate factors. As attorneys, we investigate pay structures, review employment records, and gather evidence to demonstrate unlawful discrimination.
Employees who succeed in gender-based pay disparity claims may be entitled to:
Both federal and state agencies, as well as private lawsuits, can be used to pursue these remedies. Timely action is crucial because statutes of limitations apply. In Illinois, claims under the state Equal Pay Act must be filed within five years of the alleged violation (820 ILCS 112/12), while Title VII claims generally require filing with the EEOC within 180 to 300 days of discrimination.
Employees should collect pay records, job descriptions, performance evaluations, and evidence showing that employees of a different gender in similar roles are paid more. Witness statements and company policies can also help establish discriminatory pay practices.
Illinois law defines substantially similar work as jobs requiring equal skill, effort, and responsibility, performed under similar working conditions. Job titles do not control; the actual duties performed are what matter in determining similarity.
No. Both federal and Illinois laws prohibit retaliation against employees who inquire about wages, disclose their pay, or complain about unequal pay practices. If retaliation occurs, you may have an additional claim for damages.
Both laws prohibit gender-based wage discrimination. However, Illinois law covers more employers, applies to a broader range of jobs, and provides additional transparency and reporting requirements. Employees can often bring claims under both federal and state law.
Under Illinois law, you generally have five years from the date of the violation to file a claim (820 ILCS 112/12). For Title VII claims, you must file with the EEOC within 180 or 300 days, depending on the circumstances. Promptly consulting an attorney ensures you meet all deadlines.
Yes. These laws protect all employees from wage discrimination based on gender, regardless of whether the employee is male, female, or non-binary. Any person paid less because of gender may have a claim.
Remedies can include back pay, liquidated damages, compensatory and punitive damages, attorney fees, and court orders requiring changes to employer pay practices.
At the Law Office of Michael T. Smith & Associates, we fight for fair pay for every employee in Chicago and throughout Illinois. If you suspect you are being paid less because of your gender, we can investigate your claim, explain your rights under federal and state laws, and pursue the compensation you deserve.
To receive your free consultation, contact our Chicago gender discrimination lawyer at the Law Office of Michael T. Smith & Associates when you call (847) 450-1103. Our office in Lisle represents employees throughout the Chicago area in cases of pay disparity, discrimination, and wrongful termination.
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