Experienced Employment Attorney in Wage Discrimination Cases throughout Maryland and the District of Columbia
Also Serving Howard and Anne Arundel counties, as well as the areas of Silver Spring, Annapolis, Glen Burnie, Frederick and Columbia
With offices in Annapolis, employment law attorney Joyce E. Smithey and her team represent employers and employees throughout Maryland in claims under the Equal Pay Act. They have extensive experience in matters before the Equal Employment Opportunity Commission (EEOC) and in both state and federal court.
The Equal Pay Act is a federal law that prohibits wage discrimination based upon an employee’s gender. It is part of the Fair Labor Standards Act (FLSA), and it is administered by the Equal Employment Opportunity Commission (EEOC). However, while employees have the option to file charges under the Equal Pay Act with the EEOC, they also have the right to proceed directly with Equal Pay Act claims in court.
Having represented Maryland employers and employees for more than 18 years, attorney Joyce E. Smithey has substantial experience representing both sides in Equal Pay Act claims. She regularly represents clients in other discrimination and wage-related claims, as well; as a result, she offers a unique level of insight for both defending employers and helping employees stand up for their legal rights.
Key Takeaways: The Equal Pay Act
Here is what Maryland employees should know about wage discrimination and the Equal Pay Act.
- The Equal Pay Act prohibits wage discrimination based on gender and covers all forms of compensation, including wages, bonuses, stock options, and benefits.
- Jobs don’t need to be identical to qualify for equal pay. What matters is whether the work is substantially equal based on actual duties, not job titles.
- You generally have two years to file an Equal Pay Act claim, or three years if the violation was willful, and you can file with the EEOC or go directly to court.
- Remedies can include back pay, job placement, attorney’s fees, and in some related discrimination claims, compensation for emotional distress or punitive damages.
Key Provisions of the Equal Pay Act in Annapolis, MD
At a base level, the Equal Pay Act requires that men and women in the same workplace receive equal pay for equal work. However, there are several nuances to the law, some of which favor employers and others of which favor employees. For example, some of the key provisions of the Equal Pay Act include:
- In order for coworkers of the opposite sex to be entitled to equal pay, their jobs do not need to be identical. It is enough that they are “substantially equal.”
- Job roles and responsibility, not job titles, determine whether coworkers’ positions are substantially equal.
- The Equal Pay Act applies to all forms of compensation, including: Wages, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits.
- If there is an inequality in compensation between men and women in the same workplace, the employer may not reduce the compensation paid to either sex in order to equalize their pay.
As noted above, unlike certain other types of employment-related claims, in order to seek remedies under the Equal Pay Act employees do not need to start the process by filing an administrative complaint with the EEOC. Instead, employees can proceed directly to court. However, filing charges with the EEOC can be beneficial for employees under certain circumstances, and deciding where and how to pursue an Equal Pay Act claim requires the advice and guidance of an experienced employment law attorney.
The statutes of limitations for filing EEOC charges and going to court under the Equal Pay Act are the same: Employees must file within two years of the alleged unlawful compensation practice; or, in the case of a willful violation, within three years. Filing with the EEOC does not extend the deadline for filing a complaint in court.
Get Clarity On Your Pay
Think You’re Being Paid Less Because Of Your Gender? Let’s Look At The Facts.
It’s an uncomfortable thing to suspect, especially when you don’t have full visibility into what your coworkers earn. At Smithey Law Group, we’ll look at your role, your responsibilities, and what you’re actually being paid, then help you understand whether the law was broken.
Schedule A Free ConsultationMeet Our Annapolis, Maryland Wage Discrimination Attorney | Joyce Smithey
Joyce Smithey is the founder of Smithey Law Group LLC and a highly respected employment and labor law attorney with more than 25 years of experience representing employers and employees throughout Maryland and the District of Columbia. Her practice focuses exclusively on employment and labor law, including workplace disputes, administrative hearings, state and federal litigation, employee handbooks, and compliance matters. Before founding Smithey Law Group LLC in 2018, she served as an equity partner and Chair of the Labor and Employment Practice Group at Rifkin Weiner Livingston LLC. With extensive legal experience and a strong commitment to protecting clients’ rights and interests, Joyce Smithey provides knowledgeable and strategic representation tailored to each client’s needs.
Other Possible Claims for Sex-Based Wage Discrimination in Annapolis, MD
In addition to filing under the Equal Pay Act, employees alleging sex-based wage discrimination will frequently be able to assert claims under a number of other statutes, as well. For example, Title VII of the Civil Rights Act also makes it illegal to discriminate based on sex with respect to pay and benefits. Unlike the Equal Pay Act, Title VII does not require that jobs be “substantially equal” in order to require payment of equal compensation.
Other Discrimination Claims Based on Unequal Pay in Annapolis, MD
Sex-based discrimination is not the only form of wage discrimination prohibited under the law. Title VII also applies to other forms of discrimination, while the Age Discrimination in Employment Act (ADEA) and Americans with Disabilities Act (ADA) provide additional protections for qualifying employees. Together, these statutes prohibit discrimination with regard to compensation on the basis of race, color, religion, sex, national origin, age, and disability. Possible remedies include:
- Placement in a job position previously denied on a discriminatory basis
- Back pay
- Coverage for job search and medical expenses
- Compensation for emotional harm
- Attorneys’ fees and litigation costs
In certain cases, employees may also be able to claim punitive damages.
Pay Discrimination Isn’t Always About A Job Title.
The Equal Pay Act looks at what you actually do, not what your position is called. If a coworker with substantially the same responsibilities is earning more, that difference deserves a closer look. Let’s go through the details together.
Schedule A Free ConsultationOur Practice Areas in Maryland:
- Discrimination
- Employee Contract and Severance Negotiations
- Employee Defamation
- FMLA and Medical Leave
- Independent Workplace Investigations
- LGBTQ+ Workplace Discrimination
- Mediation
- Misclassification
- Sexual Abuse and Harassment
- Wage Discrimination
- Wage Issues & Unpaid Wages
- Whistle blower
- Wrongful Termination
Schedule a Consultation with Employment Attorney Joyce E. Smithey and Her Team of Talented Legal Professionals
If you believe that you may be a victim of wage discrimination, or if you are a Maryland employer facing allegations of unequal compensation, attorney Joyce E. Smithey and her team can help. To schedule a confidential consultation, call (410) 919-2990 or request an appointment online today.