California employers are forbidden to discriminate in the workplace against a worker due to his or her gender in addition to a number of other protected statuses. One aspect of the prohibition is the mandate that an employer may not pay someone less for the same work or in the same position as his or her opposite-sex counterpart. Unfortunately, despite the provisions of the law, sex-based pay discrimination still continues to occur in California and in other states across the country.
According to the Equal Employment Opportunity Commission, sex-based discrimination occurs when a person is treated less favorably due to his or her sex. Unlike other types of discrimination cases, someone who is alleging a violation of the equal pay provisions is able to file a case directly in court without having to go through the EEOC's complaint and investigation process first.