A pay difference is not automatically unlawful discrimination. The useful question is whether comparable work is being compensated differently for a legally significant reason, after accounting for legitimate differences in role, experience, performance, location, shift, production, seniority, or other factors.
Compare the right people and the right compensation
Base salary is only part of compensation. Depending on the workplace, compare hourly rate, overtime opportunities, bonuses, commissions, equity, differentials, benefits, job level, territory, accounts, and access to revenue-producing assignments.
A strong comparison asks what work people actually perform, what qualifications the employer says matter, who set compensation, and whether the same criteria were applied consistently.
Preserve the decision record
Useful records can include offer letters, compensation plans, job descriptions, promotion records, performance reviews, pay statements, bonus formulas, commission reports, job postings, and communications about salary ranges or adjustments.
Avoid rumor-as-proof
Workers often know less about coworkers' compensation than they think. Distinguish verified information from estimates or secondhand reports. Do not take confidential payroll records you are not entitled to possess.
Look at the full decision
If a compensation disparity is tied to sex, race, age, disability, another protected characteristic, or protected activity, the legal route may differ. The underlying compensation facts should be clear before choosing the legal theory.