What to Do if Your Employer Retaliates for Raising Equal Pay Concerns

At Olivier & Schreiber PC, we recognize that speaking up about matters of equal pay takes courage. Unfortunately, we also understand that some employers respond with retaliation toward such actions rather than addressing legitimate concerns. If you have raised questions about pay equity and are now facing workplace consequences, you have legal protections and options available to you. Let our team come alongside you and provide the guidance this situation requires.

What Are the Signs of Retaliation in the Workplace?

Workplace retaliation can be obvious or subtle. Recognizing the warning signs helps you protect your rights and build a stronger case.

Immediate red flags include:

• Sudden termination or demotion
• Unexplained negative performance reviews
• Reduction in hours, pay, or benefits
• Exclusion from meetings or important projects
• Hostile treatment from supervisors or colleagues

Subtle forms of retaliation might involve:

• Changes to your job duties without explanation
• Denial of previously promised promotions or raises
• Increased scrutiny of your work performance
• Reassignment to less desirable shifts or locations

The timing of these actions matters significantly. If these changes occur shortly after you raised equal pay concerns, this creates strong evidence of potential retaliation.

Is It Illegal for Your Employer to Retaliate if You Ask About Equal Pay in California?

Yes, California provides robust legal protection against retaliation for equal pay inquiries. Under the California Equal Pay Act, employers cannot retaliate against employees who:

• Ask about their own wages or salary information
• Discuss pay with coworkers to determine if discrimination exists
• File complaints about unequal pay practices
• Participate in investigations regarding pay equity

Recent legislative changes have strengthened these protections. Senate Bill 497, which took effect in January 2024, creates a legal presumption of retaliation when employers take adverse action within 90 days of an employee’s protected activity. This means your employer must prove their actions were legitimate and unrelated to your equal pay concerns.

California’s wage transparency laws also support your right to seek pay information. Employers who retaliate for these legitimate inquiries face significant legal consequences.

What Should You Do if Your Employer Retaliates for Raising Equal Pay Concerns?

You may have several legal remedies available when facing retaliation for equal pay advocacy.

Immediate steps to take:

• Document everything with dates, times, and witnesses
• Save all relevant emails, texts, and written communications
• Report the retaliation to HR if appropriate
• File complaints with the California Labor Commissioner’s Office
• Consult an experienced employment law attorney

The strength of your case often depends on the documentation you maintain. Keep detailed records of all interactions, policy changes, and workplace incidents following your equal pay inquiry.

You Have Rights to Equal Pay and Protection From Retaliation

Retaliation for raising equal pay concerns violates California law and undermines workplace fairness. Yet, your employer’s actions are not the end of the story.

At Olivier & Schreiber PC, our experienced employment attorneys understand the complexities of retaliation cases and fight to protect employee rights. We have successfully recovered millions in damages for workers who have faced illegal actions from their employers.

Fear of further retaliation should not prevent you from seeking justice. Contact our team today for a consultation to discuss your situation and explore your legal options. Your courage in speaking up about equal pay deserves protection, not punishment.