Equal Pay Act Retaliation: What California Employers Must Know

Introduction

California’s Equal Pay Act prohibits retaliation against employees who pursue or assist in enforcing rights to equal pay regardless of sex, race, or ethnicity. Adverse employment actions taken for this reason can result in significant employer liability.

Lab. Code § 1197.5(k).

Essential Elements of a Retaliation Claim

To succeed, an employee must prove:

1. The employee engaged in a protected activity, such as invoking, enforcing, or assisting with equal pay rights;

2. The employer discharged the employee or took another adverse employment action;

3. The protected activity was a substantial motivating reason for the employer’s action;

4. The employee was harmed; and

5. The employer’s retaliatory conduct was a substantial factor in causing the harm.

Lab. Code § 1197.5(k); Harris v. City of Santa Monica, 56 Cal. 4th 203, 232 (Cal. 2013).

Adverse actions taken within ninety days of a protected activity create a rebuttable presumption of retaliation in favor of the employee.

Lab. Code § 1197.5(k)(1).

Practical Guidance for California Employers

1. Take all concerns and communications about equal pay seriously; never penalize employees for discussing, disclosing, or inquiring about wages.

2. Train managers on protected activities under the statute, including assisting others and encouraging rights enforcement.

3. Document legitimate reasons for adverse employment actions—especially those occurring soon after wage-related complaints.

4. Review internal policies to ensure compliance, and respond carefully to any claim or request regarding equal pay.

Bottom Line

Employers who retaliate against employees over equal pay complaints risk claims for reinstatement, lost wages, additional damages, and court-ordered remedies. California law protects employees asserting wage rights, and violations carry strong legal consequences.

Citations

Lab. Code § 1197.5(k); Harris v. City of Santa Monica, 56 Cal. 4th 203 (Cal. 2013).