You deserve fair, equitable pay. No employee should be paid less than similarly qualified job applicants/co-workers based on their gender, sex, and any other legally protected immutable characteristics. Your actual qualifications and contributions to your employer matter.
There is a complex web of federal and state laws in place that prohibit wage discrimination. At Ace Law Group, we help workers protect their rights and their interests. Within this article, our Las Vegas employment lawyer provides an overview of Nevada’s approach to wage discrimination.
An Overview of Federal and State Equal Pay Laws
Federal law and state law can both come into play in wage discrimination cases. Here is an overview of the relevant legislation, statutes, and regulations for equal pay and wage discrimination claims:
Federal Law
- Equal Pay Act of 1963: Enforced by the Equal Employment Opportunity Commission (EEOC), the EPA requires that men and women receive equal pay for equal work within the same establishment. The jobs in question must be substantially equal in terms of skill, effort, responsibility, and working conditions. All forms of compensation are covered—from salary to overtime pay to bonuses to benefits. The Equal Pay act applies to virtually all employers in the United States.
- Title VII of the Civil Rights Act of 1964: Title VII prohibits employment discrimination based on race, color, religion, sex, or national origin. To be clear, the law extends beyond wage discrimination to include all terms and conditions of employment. Title VII only covers employers with 15 or more employees.
- Lilly Ledbetter Fair Pay Act of 2009: The most recent comprehensive federal law, this act amends Title VII, stating that each discriminatory paycheck resets the 180-day limit to file a claim. It ensures that employees can seek recourse even if the pay discrimination is not immediately apparent—which is a very common problem in these cases.
State Law
- NRS § 608.017: The statute prohibits employers from paying wages to employees at rates less than those paid to employees of the opposite sex for equal work requiring equal skill, effort, and responsibility performed under similar working conditions. and damages. NRS § 608.017 to virtually all employers in Nevada.
- NRS § 613.330: Under this state, it is unlawful for employers to discriminate against any individual concerning compensation, terms, conditions, or privileges of employment based on race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, or national origin. It is enforced by the Nevada Equal Rights Commission (NERC). NRS § 613.330 covers employers with 15 or more employees.
Four Key Things Employees Should Know About Nevada’s Approach to Wage Discrimination
To better understand Nevada’s approach to the law, it is useful to dive deeper. Here are four important points that workers in Las Vegas and elsewhere in Nevada should know about wage discrimination laws in our state:
- State Law Explicitly Prohibits Gender Pay Discrimination: Nevada law clearly and explicitly outlaws wage discrimination based on gender. Enshrined in NRS § 608.017, the law mandates that employers cannot pay different wages to employees of the opposite sex for jobs that require the same skills, effort, and responsibility, and are performed under similar working conditions. It is meant to address the gender wage gap.
- Other Pay Discrepancies Can Be Actionable as Discrimination Claim: While gender is a primary focus, Nevada’s broader employment discrimination statutes, such as NRS § 613.330, protect against wage discrepancies based on race, color, religion, sexual orientation, gender identity or expression, age, disability, or national origin. However, as noted previously, this statute only covers employers with 15 or more employees.
- Nevada Prohibits Covered Employers from Using Salary History: Here is a long-standing problem. One employer commits an act of gender-based wage discrimination. A future employer then uses that salary history as justification for lower pay. It effectively perpetuates the initial act of discrimination. Our state has a law in place to address that problem. In an effort to further combat wage discrimination, Nevada has passed laws that prohibit employers from using an applicant’s salary history to determine their pay. Under NRS § 613.135, employers cannot ask about or consider previous wages as a factor in setting current compensation during the hiring process. However, the law does not apply to internal promotions within the same company.
- Employees Have Protections Against Retaliation: You should be able to complain about and formally report wage discrimination without facing a fear of punishment. Under NRS § 613.340, any adverse action taken against an employee for filing a complaint, assisting in an investigation, or testifying in any proceeding under the employment discrimination statutes is illegal. Our Las Vegas employment lawyer can help you with a retaliation lawyer.
Why Trust the Las Vegas Wage Discrimination Lawyers at Ace Law Group
Unfortunately, too many employees in Las Vegas and throughout Nevada are still subject to wage-based discrimination in the workplace. Wage discrimination cases are complicated. It is normal to have a ton of questions about your rights or your options, including:
- What wage discrimination law applies?
- Do I have a wage discrimination claim?
- What evidence do I need to establish liability?
- How much can I expect to recover through a wage discrimination claim?
The right legal representation can make the difference. At Ace Law Group, we are proud to put the rights and the interests of employees first. With a proven record of verdicts and settlements across a wide range of claims, our Nevada wage discrimination lawyers have the experience you can rely on.
Contact Our Las Vegas Wage Discrimination Attorney for a Confidential Consultation
At Ace Law Group, our Las Vegas employment law attorneys have the skills and experience to take on the full spectrum of wage discrimination cases—from gender discrimination to race discrimination. If you have any questions about your rights, please do not hesitate to contact us today for a completely confidential consultation. With a law office in Las Vegas, our firm handles wage discrimination cases for employees in Clark County and throughout Nevada.