Equal Pay
Pay discrimination based on sex is illegal under federal law, whether you work for a small business or a large company. If you're a private-sector employee in Louisiana, your claim runs through the federal Equal Pay Act and Title VII of the Civil Rights Act — not Louisiana's own equal pay statute, which applies only to public-sector employees.
At Business Law Group, our employment lawyers in New Orleans help private-sector employees understand whether a pay gap is a legal claim or simply a hard conversation worth having with HR. Contact us at (504) 446-6506 to schedule a consultation.
What Counts as an Equal Pay Violation
- A coworker of a different sex performing substantially similar work — same skill, effort, and responsibility, under similar conditions — is paid more than you
- The pay difference isn't explained by a legitimate factor like seniority, a merit system, or a quantifiable production measure
- Retaliation against you for raising the issue or comparing pay with coworkers (which is itself protected activity)
Your Rights
Equal Pay for Equal Work
Federal law prohibits paying employees of one sex less than employees of the other sex for substantially equal work.
Pay Transparency
You generally have the right to discuss your own pay with coworkers — employers cannot lawfully prohibit this.
Protection from Retaliation
Raising a pay discrimination concern, internally or with the EEOC, is a protected activity.
What This Looks Like
"I found out a male coworker in the same role makes more than me."
This is the classic fact pattern — but the legal question turns on whether the roles are truly comparable in skill, effort, and responsibility, not just job title.
"My employer says the difference is based on experience."
Legitimate factors like seniority or a documented merit system can lawfully explain a pay gap — this is often where the real dispute lives.
"I brought it up and got treated differently afterward."
A negative response to raising a pay concern — a schedule change, a bad review, exclusion from projects — can itself become part of the claim.
If You Believe You're Being Paid Unequally
- Identify a specific comparator — a coworker of a different sex, in a similar role, whose pay you have reason to believe is higher.
- Document your own role — responsibilities, tenure, performance history, and anything relevant to how your pay was set.
- Note the timeline — federal equal pay claims are time-limited, so how long you've known about the gap matters.
- Talk to an employment attorney before deciding whether this is worth pursuing — the comparator analysis is genuinely fact-specific.
Ready to talk to someone? Complete our employee intake form and we'll follow up.
Employee FAQ — Equal Pay
Does Louisiana's Equal Pay Act cover me if I work for a private company?
No — Louisiana's state equal pay statute applies only to public-sector employees. Private-sector Louisiana employees are covered by the federal Equal Pay Act and Title VII instead, which is the framework we'd use for a private-sector claim.
What if my employer says the pay gap is about experience or performance, not gender?
That's a legitimate defense if it's true and documented — a real seniority system or merit-based pay structure can lawfully explain a difference. Whether that explanation actually holds up is often the central question in these cases.
Do I need an exact comparator, or is a general sense of unfairness enough?
You generally need a real comparator — a specific coworker of a different sex performing substantially similar work. A general sense that pay "feels" unequal, without a specific point of comparison, is a much harder case to build.
How long do I have to bring a claim?
Federal equal pay claims are subject to a limitations period, generally measured from the date of an unequal paycheck, so time matters — don't sit on this if you think you have a claim.
Talk to an Employment Law Attorney in New Orleans
If you think you're being paid less than a coworker because of your sex, we can help you understand whether that's a legal claim and what pursuing it would look like.
Contact us using our online form or by calling (504) 446-6506 to schedule a consultation.
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