Equal Pay

Equal Pay Act Attorney in Philadelphia

Philadelphia Workers Deserve Equal Pay. We Fight to Get It.

The Equal Pay Act of 1963 requires employers to pay men and women equally for jobs demanding substantially equal skill, effort, and responsibility under similar working conditions. Enacted as an amendment to the Fair Labor Standards Act and administered by the EEOC, the EPA is one layer of a broader set of protections Philadelphia workers can access. Pennsylvania’s own Equal Pay Law, the Philadelphia Fair Practices Ordinance, and the Philadelphia Wage Equity Ordinance all add to what federal law provides, creating a more complex framework than most workers realize.

At Goodley McCarthy LLC, we represent employees in Philadelphia and throughout the Mid-Atlantic in wage disputes, including equal pay claims. We work exclusively on the employee side, handling both individual claims and class or collective wage actions, and we bring a background to these cases that general employment practices can’t match. James E. Goodley served as an investigator at the U.S. Department of Labor Employee Benefits Security Administration before spending nearly seven years at a Philadelphia union-side and workers’ rights firm. Ryan P. McCarthy served as an Attorney Advisor at the U.S. DOL Office of Administrative Law Judges, handling whistleblower protection cases, and clerked at the Pennsylvania Human Relations Commission. Together, they’ve recovered millions of dollars in wages and benefits for clients over the course of their careers.

Gender-based pay disparities can show up in base wages, bonuses, benefits, and other forms of compensation. If you suspect your employer is paying you less because of your gender, the first step is understanding your options. We offer free consultations, including virtual consultations, to make that conversation as accessible as possible.

Don’t wait to address your legal needs. Connect with a skilled Equal Pay Act attorney at Goodley McCarthy LLC. Call (215) 273-3491 or get in touch with us to book your consultation.

What to Do If You Suspect Wage Discrimination

If you believe you’re experiencing wage discrimination in Philadelphia, these steps can protect your position and strengthen a potential claim:

Document Everything: Keep detailed records of your job title, responsibilities, pay, and any communications about your compensation. This documentation can support your case.
Compare Job Duties: Evaluate your responsibilities and pay against those of coworkers of a different gender to identify whether inequities exist.
Consult an Equal Pay Attorney: Seek guidance from an equal pay attorney in Philadelphia, like our team at Goodley McCarthy LLC, to understand your options and develop a strategy tailored to your situation.
Review Local Resources: The City of Philadelphia Office of Labor Standards offers additional support and guidance for workers with wage complaints.

One step many workers skip is consulting an attorney before quitting or filing a formal complaint. Doing so first can help protect your legal position and can help you avoid inadvertently limiting your remedies. Gathering pay stubs, offer letters, performance reviews, job descriptions, and any internal emails touching on compensation decisions gives an attorney the raw material to evaluate your claim accurately.

The Legal Framework for Equal Pay Claims in Philadelphia

Philadelphia workers have access to four overlapping layers of protection against wage discrimination, each operating on different terms.

Federal Equal Pay Act & the Lilly Ledbetter Fair Pay Act

The federal Equal Pay Act allows workers to file directly in court without going through the EEOC first. The filing window is two years from the last discriminatory paycheck, extended to three years for willful violations. Under the Lilly Ledbetter Fair Pay Act, that window may reset with each new discriminatory paycheck issued, which can meaningfully expand the period during which a claim can be brought.

Title VII of the Civil Rights Act

Title VII covers compensation discrimination as well, but it requires proof of discriminatory intent and a prior EEOC filing within 300 days of the discriminatory act. Once the EEOC issues a Right to Sue letter, a federal court complaint must be filed within 90 days. Title VII carries the possibility of compensatory and punitive damages, while the EPA doesn’t require proof of intent but is limited to back pay, liquidated damages equal to unpaid wages, and attorneys’ fees. Choosing between these two paths has real strategic consequences.

Pennsylvania’s Equal Pay Law

Pennsylvania’s Equal Pay Law (43 P.S. Section 336) mirrors the federal EPA but applies independently. It prohibits employers from paying workers of one sex less than the other for equal work requiring equal skill, effort, and responsibility under similar conditions. Critically, employers can’t reduce a higher-paid employee’s wages to come into compliance. The law requires raising the underpaid worker’s pay. State and Philadelphia law claims generally carry a one-year filing deadline from the last incident of wage discrimination.

Philadelphia Fair Practices Ordinance & Available Remedies

The Philadelphia Fair Practices Ordinance extends local coverage to employers with four or more employees. Courts applying these laws focus on the actual work performed, not job titles, when assessing whether positions are comparable. Remedies for equal pay violations may include back pay, prospective pay adjustments, liquidated damages, reinstatement, and attorneys’ fees, depending on which laws apply and the facts of the claim.

Philadelphia’s Wage Equity Ordinance & Local Enforcement

Philadelphia was among the first jurisdictions in the country to ban salary history inquiries. The Philadelphia Wage Equity Ordinance, signed into law on January 23, 2017, and enforced by the Philadelphia Commission on Human Relations since September 1, 2020, prohibits employers from asking job applicants about their current or prior salary history or from using salary history to set wages for positions in Philadelphia. The ordinance also prohibits retaliation against applicants who decline to disclose salary history, and it applies to any position where the employee is expected to work in the city, regardless of where the employer is headquartered or where the interview takes place.

The Philadelphia Commission on Human Relations enforces both the Wage Equity Ordinance and the Philadelphia Fair Practices Ordinance and accepts formal complaints from workers. We monitor Philadelphia and Pennsylvania-level legal developments to help clients navigate local procedural requirements and enforcement actions, including how local rules interact with federal filing timelines. Knowing how to use these local institutions strategically is part of what we bring to equal pay claims in Philadelphia.

Connect with an experienced equal pay lawyer without delay. Dial (215) 273-3491 or submit an online form to get started.

Frequently Asked Questions

What Is the Equal Pay Act?

The Equal Pay Act of 1963 is a federal law requiring employers to pay men and women equally for jobs demanding substantially equal skill, effort, and responsibility under similar working conditions. Enacted as an amendment to the Fair Labor Standards Act and administered by the EEOC, it gives workers a direct path to court without first filing with the agency. Our firm guides clients through this process, including reviewing employment contracts and other documentation to build a complete picture of any wage disparity.

How Do Local Philadelphia Laws Enhance EPA Protections?

Philadelphia workers benefit from protections that go well beyond the federal EPA. The Philadelphia Fair Practices Ordinance covers employers with four or more employees. The Philadelphia Wage Equity Ordinance bans salary history inquiries and limits an employer’s ability to use prior pay to justify a current wage gap. Pennsylvania’s Equal Pay Law provides a parallel state-law claim with its own filing deadline and remedies. The Philadelphia Commission on Human Relations accepts formal complaints and investigates wage discrimination claims under local law. Together, these protections give Philadelphia workers more avenues to pursue equal pay than federal law alone provides.

What Should I Do If I Suspect Wage Discrimination?

Start by documenting everything you can: pay stubs, job descriptions, offer letters, performance reviews, and any emails or memos that touched on pay decisions. Comparing your responsibilities and compensation with coworkers of a different gender helps identify whether a disparity exists. Consult an attorney before you quit, file a formal complaint, or sign anything. The choice between filing under the EPA, Title VII, state law, or a local ordinance has significant strategic implications for your potential recovery, and an attorney can help you identify which path fits your situation.

Why Is Legal Support Crucial for Equal Pay Act Claims?

Equal pay claims involve multiple laws with different filing deadlines, different standards of proof, and different potential remedies. The decision between an EPA claim and a Title VII claim, for example, involves real trade-offs between burden of proof and available damages. Missing a filing deadline can eliminate a claim entirely. We review company policies, evaluate available evidence, and build a strategy that accounts for both federal and local law. We also handle cases where multiple workers at the same employer have been harmed by the same pay practice, which may warrant a collective or class action approach.

Can Men Also Be Victims of Wage Discrimination?

Yes. The Equal Pay Act protects all employees from gender-based pay disparities, not only women. Men who are paid less than women for substantially equal work may bring EPA claims. We also represent non-binary and transgender individuals who experience wage inequality tied to their gender identity, including emerging legal questions in this area.

What Is the Deadline to File an Equal Pay Claim in Philadelphia?

The deadline depends on which law you pursue. EPA claims filed directly in court must be brought within two years of the last discriminatory paycheck, or three years if the violation was willful. Under the Lilly Ledbetter Fair Pay Act, the filing period may reset with each new discriminatory paycheck, which can extend how far back a claim reaches. Title VII claims must be filed with the EEOC within 300 days of the discriminatory act; after a Right to Sue letter is issued, a federal court complaint must follow within 90 days. Claims under Pennsylvania and Philadelphia law generally carry a one-year deadline from the last incident. These timelines operate independently, and which applies to your situation depends on the facts of your claim. Consult an attorney as soon as possible to avoid losing your right to proceed.

Types of Evidence Used in Equal Pay Claims

Building an equal pay claim requires more than noticing a wage gap. Courts and agencies look for evidence that connects the pay disparity to a protected characteristic. Three broad categories typically come into play.

Direct Evidence
Direct evidence is explicit verbal or written proof that an employer made a pay decision based on a protected characteristic, such as an email or recorded statement in which a manager ties compensation to gender.

Disparate Evidence
Disparate evidence shows a pattern of treatment across a workforce, demonstrating a broader culture of unequal pay rather than an isolated incident. This type of evidence is particularly relevant when multiple employees in a department or job classification have experienced the same gap.

Policy Evidence
Policy evidence arises when a workplace policy systematically disadvantages a protected class, such as a practice that limits access to raises or promotions for a defined group.

Useful supporting documentation includes pay stubs, job descriptions, offer letters, performance reviews, and internal emails or memos discussing compensation decisions. Equal pay discrimination also extends beyond base wages to include benefits, vacation time, sick leave, health insurance, and other forms of compensation. Under Pennsylvania’s Equal Pay Law, once a worker establishes a basic case of unequal pay, the burden shifts to the employer to prove the pay difference is justified by a seniority system, a merit system, or a production-based system.

Collective & Class Action Equal Pay Claims

When the same discriminatory pay practice affects multiple employees at a single employer, individual workers don’t have to act alone. Collective actions under the Equal Pay Act allow groups of similarly situated employees to join a single lawsuit, making it more practical to take on large organizations with dedicated defense teams. Class actions under state law can serve a similar function when many employees have been harmed by the same policy.

Goodley McCarthy LLC represents plaintiffs in class, collective, and individual wage actions. We also work in tandem with labor unions to pursue collective wage claims and shared labor standards goals. Whether your situation calls for an individual claim or a broader collective approach, we handle cases of all scales with the same level of attention. A lawsuit to recover wages under Pennsylvania’s Equal Pay Law may be filed by a single employee or a group of similarly situated employees, and determining which approach may serve your interests best is part of what an initial consultation covers.

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Why Philadelphia Workers Choose Goodley McCarthy LLC for Equal Pay Claims

We built this firm around one side of the table: the employee’s. Every case we take is in service of a worker, and that focus shapes everything from the strategies we develop to the way we communicate with clients.

Here’s why clients in Philadelphia choose us:

Exclusively Employee-Side Representation: We represent employees only and handle no employer-side defense work. Every case we take is in service of a worker, not a company.
Founding Partners with DOL Backgrounds: James E. Goodley served as a U.S. DOL investigator and holds an LL.M. in Trial Advocacy from Temple University Beasley School of Law and a J.D. from Catholic University Columbus School of Law. Ryan P. McCarthy served as an Attorney Advisor at the U.S. DOL Office of Administrative Law Judges, clerked at the Pennsylvania Human Relations Commission, and holds a J.D. from Drexel University Thomas R. Kline School of Law. That institutional background directly informs how we approach wage enforcement claims.
Class, Collective & Individual Action Capability: We handle large collective and class actions as well as individual wage claims. Workers at any stage of a potential claim, from a single pay disparity to a company-wide pattern, can bring their situation to us.
Over a Decade of Labor & Employment Law Experience: James and Ryan have recovered millions of dollars in wages and benefits for clients, working across Pennsylvania, New York, New Jersey, Virginia, Maryland, and the Washington D.C. metro area.
Deep Mid-Atlantic Roots: Both founding partners were born, raised, and educated in the Mid-Atlantic region and have devoted their careers to labor unions and workers’ rights. They know the local legal landscape because they’ve practiced in it throughout their careers.
Free & Virtual Consultations: We offer free consultations, including virtual consultations, so workers across Philadelphia and the surrounding region can get straightforward answers about their situation without cost or inconvenience.

Thousands of Class Members Served
When it comes to your legal representation, experience matters. Our track record of victories speaks volumes about our commitment to our clients. Let us navigate the legal complexities for you.
Over a Decade of Legal Experience
Our seasoned team specializes in labor law, providing top-tier representation to support your case. Our firm delivers dedicated legal counsel, fueled by years of collective experience, integrity, and a commitment to achieving the best outcomes.
Meet with Us Virtually
Seamlessly connect with our legal experts from the comfort of your home or office. Your convenience is our priority, and we're dedicated to providing comprehensive legal support on your terms
Exclusively Dedicated to Employees
Devoted to championing the rights of employees, our firm focuses solely on providing legal support and representation for workers. We're here to stand by you and fight for fairness, in the workplace.

How Employers Defend Equal Pay Claims

Employers facing an equal pay claim rarely admit to a pay disparity based on gender. Instead, they assert affirmative defenses, and understanding those defenses is essential to evaluating whether a claim is worth pursuing and how to structure it.

Seniority, Merit & Production-Based Defenses

Under both the Equal Pay Act and Pennsylvania’s Equal Pay Law, an employer may argue that a pay difference is justified by a seniority system, a merit system, or a system measuring earnings by quantity or quality of production. These are recognized affirmative defenses. An experienced attorney evaluates whether the employer’s stated system is genuinely non-discriminatory or applied selectively as a pretext for wage discrimination. A seniority system that consistently advantages one gender, or a merit system with no objective criteria, can itself become evidence of discrimination.

Job Title & Classification Differences

Employers frequently point to job title or classification differences to explain pay gaps. Courts, however, examine the actual work performed rather than the label attached to it. If two positions require substantially equal skill, effort, and responsibility under similar working conditions, a title difference doesn’t defeat an equal pay claim. This is one of the most common tactics used to obscure genuine wage discrimination, and documenting what employees actually do day to day is critical to countering it.

Prior Salary History as a Justification

Employers have historically used prior salary to justify paying a new hire less than an existing employee of a different gender. In Philadelphia, that argument faces a direct legal obstacle: the Philadelphia Wage Equity Ordinance limits the extent to which employers may rely on salary history for positions located in the city. Because the ordinance prohibits asking about prior pay in the first place, salary history isn’t a recognized defense for Philadelphia positions. It is one area where local law provides a meaningful advantage over federal protections alone.

Wage Reductions Are Not a Remedy

Under Pennsylvania’s Equal Pay Law, an employer can’t reduce the pay of a higher-compensated employee to come into compliance. The law requires raising the underpaid worker’s compensation. Similarly, any agreement by an employee to accept lower wages than the law requires isn’t a valid defense for the employer. Workers can’t waive these protections simply by signing an offer letter or compensation agreement.

Start with a Free Consultation About Your Equal Pay Claim

If you suspect your employer is paying you less because of your gender, the time to act is before a filing deadline passes. Goodley McCarthy LLC represents workers in Philadelphia and throughout the Mid-Atlantic in equal pay claims under federal, Pennsylvania, and Philadelphia law. We handle individual cases and collective or class actions, and we work exclusively on the employee side. Over the years, James and Ryan have recovered millions of dollars in wages and benefits for clients, and they bring that same commitment to every new matter, large or small.

We offer free consultations, including virtual consultations, so there’s no cost to getting a straight answer about whether you may have a claim and which legal path may make sense for your situation. You won’t be speaking with a general employment practice. You’ll be working with attorneys who built their careers in labor and wage law.

Get the support you need from our skilled Equal Pay Act lawyers. Reach out via online form or dial (215) 273-3491 now to book your consultation.

Our Results

$126,353.87

Int'l Painters & Allied Trades Indus. Pension Fund v. Madison Coatings Co., Inc., No. 17-1559, 2019 U.S. Dist. LEXIS 188759 (D. Md. 2019)
Int'l Painters & Allied Trades Indus. Pension Fund v. Madison Coatings Co., Inc., No. 17-1559, 2019 U.S. Dist. LEXIS 188759 (D. Md. 2019) (summary judgment in favor of union benefits funds and against the employer for $126,353.87 in benefit fund contributions and other damages).
$225,000

Bd. of Trs., Roofers Union Local 30 Combined Health & Welfare Fund v. Hughes Urethane Constr. Co., No. 19-1820, 2020 U.S. Dist. LEXIS 204654 (E.D. Pa. 2020)
Bd. of Trs., Roofers Union Local 30 Combined Health & Welfare Fund v. Hughes Urethane Constr. Co., No. 19-1820, 2020 U.S. Dist. LEXIS 204654 (E.D. Pa. 2020) (summary judgment for union benefit funds and against the employer resulting in $225,000 judgment in favor of the funds).
Judgment Dismissal

Juisti v. City of Chester, No. 18-2317, 2019 U.S. Dist. LEXIS 160595 (E.D. Pa. 2019)
Juisti v. City of Chester, No. 18-2317, 2019 U.S. Dist. LEXIS 160595 (E.D. Pa. 2019) (summary judgment dismissal of breach of duty of fair representation suit brought against a labor union).

All Results

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