Equal work, equal pay – how to make that happen

What to do if your male co-worker is paid more 

We all want to be paid fairly for the work we do – why would we show up at the office otherwise? But sometimes, despite decades-old anti-discrimination laws, women still aren’t paid as much as their male counterparts.

Most people know about the gender wage gap in theory, but running into it in the real world is quite different. If you’re female and you find out that your male co-workers are being paid more for the same work, you’re likely to feel angry and frustrated. But it’s not just frustrating and unfair, it’s against the law. In fact, paying people differently based on gender has been illegal in the United States since 1963.

Knowing that the law is on your side is helpful, but it can still be difficult to push back against real-life discrimination. It can be tricky to advocate for yourself without alienating your boss or causing friction in the workplace.

But it’s still worth doing. Here’s how:

Get your facts straight first 

If you think you’re being underpaid compared to your co-workers, it’s important to confirm before you take any more action. It’s easy to hear the wrong number when someone is talking, or glimpse a number on a screen and make assumptions. You don’t want to make a formal complaint based on inaccurate information.

Because there’s a strong cultural norm against talking about money, and because some workplaces actively discourage employees from discussing salary, it may be difficult to find out how much others are paid. But don’t be afraid to ask – many people will happily share if you’re polite and straightforward. It may also help to explain why you’re asking – people may be more willing to share for a legitimate reason, rather than simple curiosity.

Consider the law 

If you confirm that you are being paid less than a male co-worker, the next step is an objective look at the situation and the legal implications. The Equal Pay Act forbids discrimination based on gender, but there are still legitimate reasons for differences in pay. These include differences in seniority and merit – for example, your male co-worker may be managing more clients or producing more work.

It’s important to take a good look at your job and your work compared with your co-workers, to make sure there’s not a legitimate reason for the pay discrepancy. If you can’t see any obvious difference in responsibility, output, or experience, it could be a gender wage gap issue.

Start slow 

Finding out you’re being underpaid is frustrating, and it can be tempting to go in, guns blazing, right from the beginning. But this approach, while satisfying, won’t necessarily help you get the result you want – and it could end badly.

Once you have all the facts, talk to your immediate boss or supervisor first. Go in with a neutral, interested tone, rather than an accusation. Explain that you’re concerned that you and your co-worker have different salaries, and ask for an explanation. You can include language about the Equal Pay Act to make sure your boss knows why you’re concerned, but again, use a neutral tone so it doesn’t come across as a threat.

At this stage, your boss may well offer a legitimate reason for the difference – your co-worker may have responsibilities or qualifications you weren’t aware of.

Escalate to HR 

If talking to your boss doesn’t result in either a pay adjustment or good reason for differences in salary, you may need to escalate your complaint. Depending on the size of your company, this could mean approaching the HR person or department, or talking to the person above your boss.

When you meet with HR or the next in command, explain the issue and let them know that you’ve already spoken to your boss. HR should know that gender-based pay discrimination is illegal, and that it opens the company up to potential legal action. If HR can’t give you a good explanation or a timeframe for a change in your salary, it may be time to get outside help.

Then you can take legal action 

Taking legal action against your employer sounds daunting, but challenging unfair pay doesn’t have to start with a dramatic lawsuit. If you don’t get a good answer from HR, you can file a complaint with the EEOC (Equal Employment Opportunity Commission) without needing to retain a lawyer or even getting legal advice. The EEOC will usually make an investigation of your complaint. If it finds that your claim has merit, it may be able to help mediate between you and your employer to negotiate a pay rise.

You can also choose to talk to an employment lawyer to better understand your options. An expert may be able to help you negotiate with your company or help start legal action if that makes sense. Although it’s not common, your case could end in a lawsuit.

Fighting for fairness 

If you’re being paid less than your male co-workers, it’s easy to ignore the issue or justify it to yourself. But taking action is important, not just for your pay, but for other women in your company who may be underpaid as well. It’s always better to fight for what’s right, even if it’s not easy. And if you’re lucky, all it will take is a quick chat with the boss.