Is it illegal to pay a woman less than a man in California?
It can be. California’s Equal Pay Act, Labor Code section 1197.5, bars an employer from paying any employee less than employees of another sex for substantially similar work, viewed as a composite of skill, effort and responsibility and performed under similar working conditions. If there is a gap, the employer must prove that a seniority system, a merit system, a production-based system or a bona fide factor other than sex explains the entire difference, and prior salary cannot justify it. The same rule protects men, and the law also bars pay gaps based on race or ethnicity.
What counts as substantially similar work?
Work that is substantially similar when viewed as a composite of skill, effort and responsibility, and performed under similar working conditions. The law looks at the work itself, not just the job title. Compare the tasks, the skills and training the job requires, the workload, what you are responsible for, and where and when the work is done.
Can my employer ask my salary history?
No. A California employer may not ask about an applicant’s salary history, personally or through an agent, and may not rely on it to decide whether to hire you or what to pay you (Labor Code section 432.3). An employer may ask what pay you expect for the job, and if you volunteer your salary history without being asked, it may consider it in setting your pay. Under the Equal Pay Act, prior salary cannot justify paying you less than a co-worker of another sex.
Does my employer have to tell me the pay range?
Yes, if you ask. Under Labor Code section 432.3, an employer must give a current employee the pay scale for the position they hold on request, and must give an applicant the pay scale for the position on reasonable request. Employers with 15 or more employees must include the pay scale in the job posting itself; a link or QR code is not enough. The pay scale is a good-faith estimate of the salary or hourly wage range the employer reasonably expects to pay for the position upon hire. You can file a written complaint with the Labor Commissioner within one year after you learn of a violation.
Can I be fired for talking about my pay?
No. Your employer may not prohibit you from disclosing your own wages, discussing co-workers’ wages or asking what a co-worker earns, and may not fire, discipline or retaliate against you for disclosing your wages or for acting to enforce the equal pay law (Labor Code sections 232 and 1197.5(k)). A retaliation claim under section 1197.5(k) must be brought within one year. No one is required to tell you what they earn.
How long do I have to file an equal pay claim in California?
Under California’s Equal Pay Act, you generally have three years after the last date the violation occurs to file a lawsuit, and a violation can occur each time you are paid. You can recover for the entire period of the violation, up to six years. These rules took effect January 1, 2026, and you can bring the claim with the Labor Commissioner, the Civil Rights Department or in court. For sex discrimination under FEHA, you generally have three years to file with the Civil Rights Department, then one year to sue after your right-to-sue notice. A federal EEOC charge in California generally must be filed within 300 days, and the federal Equal Pay Act allows two years, or three for willful violations.
Does the Equal Pay Act protect men too?
Yes. California’s Equal Pay Act bars paying any employee less than employees of another sex for substantially similar work, so it protects men and women alike. Separately, FEHA bars discrimination because of sex and gender, including gender identity and gender expression, so transgender and nonbinary workers are protected from sex and gender discrimination at employers with five or more employees.
What if I was passed over for a promotion because of my gender?
That can be sex discrimination under FEHA, which bars employers with five or more employees from discriminating because of sex or gender in hiring, firing, pay and the terms and conditions of work, including promotions. You need to show that your sex or gender was a substantial motivating reason for the decision: not necessarily the only reason, but more than a trivial one. Evidence can include who was chosen and their qualifications, how the decision was explained, and comments such as “not leadership material.” Not every unfair promotion decision is illegal, and we will tell you honestly whether the law covers yours.