Serving the State of New Hampshire Since 1908
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How Do You Prove an Equal Pay Claim?

New Hampshire residents are in luck. At both the federal and state levels we have strong protections in place to prevent employers from underpaying for the same job or similar performance on the basis of gender. But how do you find out you are paid unfairly and, moreover, how do you file and prove an unequal pay claim in New Hampshire?

Learning the Truth

The first step is discovery, the realization that you are being paid unfairly despite doing comparable work. In New Hampshire, you don’t necessarily need to do exactly the same job and have the same performance to receive equal pay. Rather, you need to demonstrate that the work you perform requires equal skill, effort, and responsibility under the same working conditions as someone of a different gender being paid more than you.

The best way to find out if you are being paid fairly is to talk to your coworkers. While this may be an uncomfortable subject, it is the most efficient way to demonstrate wage transparency and determine if anyone is being paid unfairly.

Remember, even if your employer discourages discussing your wages, they cannot stop you from doing so. New Hampshire law specifically protects the ability to talk about wages and also makes it unlawful for employers to prevent employees from doing so. This also includes a retaliation provision, meaning your employer cannot punish you solely because you talked about compensation.

If discussing wages with others determines that one gender is being paid differently than the other, it is time to contact an employment law attorney immediately. The sooner you hire an attorney, the sooner you can start collecting evidence to prove your case.

Employer Push Back

That said, expect that the employer may have answers to any claim you make. These can be difficult to fight by yourself, which is why it’s crucial to have an attorney who can subpoena company records to conduct a more thorough investigation.

Some of the most common claims employers use to push back on wage disparity include:

  • Seniority
  • Education (even if the position doesn’t require higher education)
  • Performance in the role

If you determine there is wage disparity at work, you have a right to fight for justice and have your attorney investigate to determine whether this pushback is genuine or a means of suppressing wages based on gender.

If you have concerns about employment law, let us help. To schedule a free case consultation with an experienced New Hampshire employment law attorney from Upton & Hatfield, LLP, don’t hesitate to call (603) 716-9777 or send us an email.

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