What If My Employer Pays Me Less Because Of My Race?

Today is Juneteenth, a holiday celebrating the end of slavery in the United States. It marks June 19, 1865, when the last Black slaves in Texas were freed. But sadly, racism still exists in the U.S., even in states like California. Sometimes, people feel like their workplace pays them differently because of their race.

In California, it's against the law for employers to pay workers less because of their race for work requiring substantially similar skill, effort, responsibilities, and working conditions.  Employers can't use job titles or descriptions to hide unfair pay.  What really matters is the work that the employees do.   

A pay difference is only allowed if employers show it is based on: (1) a seniority system; (2) a merit system; (3) a system that measures earnings by quantity or quality of productions; or (4) another good faith factor such as education, training, or experience.  In short, employers must prove they have a good reason for any pay differences between workers of different races. 

Employees who were paid less because of their race are entitled to the amount of wages, with interest on top of that, which the employees did not receive because of the racist practice, plus an additional equal amount on top of that as liquidated damages.

(See Link(s): Labor Code Section 1197.5)