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Gender Pay Discrimination Attorney in Los Angeles & Beverly Hills, CA

Reviewed by Eliot J. Rushovich, Managing Partner, Rise Law Firm, PC. Last updated October 2026.

California law requires employers to pay employees the same for substantially similar work, regardless of sex, and it prohibits firing or punishing an employee for asking about or complaining about unequal pay. Pay discrimination is often discovered late: when an employee learns what a colleague of another sex earns, when a replacement is hired at a higher salary, or when a complaint about pay is followed by a sudden termination.

Rise Law Firm represents employees in gender pay discrimination and retaliation cases throughout Los Angeles and California, including executives, sales professionals and other employees whose pay includes commissions and bonuses. Most of the employees we represent come to us after they have been fired or forced out. We represent employees only.

Which laws apply

  • The California Equal Pay Act prohibits paying employees less than employees of another sex for substantially similar work, viewed as a combination of skill, effort and responsibility, performed under similar working conditions (Lab. Code § 1197.5). It applies to employers of every size. The work does not have to be identical, and the comparison can include employees at other locations of the same employer.
  • The California Fair Employment and Housing Act (FEHA) prohibits discrimination in compensation and other terms of employment based on sex and gender, among other protected characteristics (Gov. Code § 12940(a)). It applies to employers with five or more employees.
  • Federal law, including the federal Equal Pay Act (29 U.S.C. § 206(d)) and Title VII, also prohibits sex-based pay discrimination. California law is broader, so most cases are brought under it.

Under the California Equal Pay Act, once an employee shows a pay gap for substantially similar work, the employer must prove that the entire difference is explained by seniority, a merit system, a system that measures quantity or quality of production, or a bona fide factor other than sex, such as education, training or experience, that is job-related and consistent with business necessity (Lab. Code § 1197.5). Prior salary alone cannot justify a pay difference (Lab. Code § 1197.5), and employers may not ask applicants about their salary history (Lab. Code § 432.3).

Common pay discrimination situations

These are the situations we see most often:

  • Fired after raising pay concerns. An employee asks why a colleague of another sex in the same role earns more, or complains to HR, and is soon placed on a performance plan or let go. California law prohibits firing, disciplining or retaliating against an employee for raising a pay discrimination concern, assisting someone else’s claim, or discussing wages with coworkers (Lab. Code §§ 232, 1197.5).
  • Replaced at higher pay by someone of another sex. An employee who was fired or pushed out learns that the replacement, someone of another sex, was hired at a higher salary for the same job. That is often strong evidence that the pay gap, and sometimes the termination, was based on sex.
  • Commissions, bonuses and equity. Pay includes more than base salary: California law defines wages to include all forms of compensation, including bonuses, stock options and benefits. Unequal bonus pools, commission splits, quotas, account or territory assignments, and equity grants can all produce a gap between employees of different sexes doing similar work. These cases often involve sales professionals and executives, where the differences add up quickly.
  • Pay gaps discovered on the way out. Employees often learn what colleagues earned only during a layoff, an exit negotiation, or after leaving. An employee generally has three years after the last discriminatory paycheck to sue, and can recover for the entire period the violation continued, up to six years.
  • Starting pay based on prior salary. An employer that sets pay by what an employee earned at a previous job can carry past discrimination forward. California law does not allow prior salary to justify a pay difference.

Employers usually point to experience, negotiation, or performance. The evidence that matters most is often a comparison of job duties and pay across employees, how raises and bonuses were actually decided, and what happened after the employee raised the issue.

Deadlines (statutes of limitations) and compensation

The main deadlines are below. They can be shorter or longer depending on the facts, so it is best not to wait.

Claim Deadline
California Equal Pay Act (unpaid wages) 3 years after the last discriminatory pay decision or paycheck, with back pay for up to 6 years of an ongoing violation; no agency filing required
Equal Pay Act retaliation (lawsuit) 1 year
FEHA sex discrimination, retaliation File a complaint with the California Civil Rights Department within 3 years; then file suit within 1 year of the right-to-sue notice
Federal Title VII File with the EEOC within 300 days (the deadline for California employees)
Wrongful termination in violation of public policy 2 years

Under the California Equal Pay Act, an employee can recover the wages they should have been paid, interest, and an equal additional amount as liquidated damages, plus attorney’s fees and costs (Lab. Code § 1197.5). An employee fired for raising a pay concern can recover lost wages and benefits and other relief.

Under FEHA, compensation can also include future lost earnings and emotional distress damages, and punitive damages may be available where the employer acted with malice, oppression, or fraud, although public entities are not liable for punitive damages (Gov. Code § 818). For employees who were fired, the lost earnings after termination are often the largest part of the case.

Frequently asked questions

I was fired after I asked why a coworker of another sex was paid more. Is that illegal?

It can be. California law prohibits firing or retaliating against an employee for raising a pay discrimination concern or discussing wages. A termination that closely follows a pay complaint is strong evidence of retaliation, and you can bring that claim even if the employer disputes the pay gap itself.

My job title is different from the coworker who earned more. Can I still have a claim?

Yes. The California Equal Pay Act compares the work actually performed, not job titles. The question is whether the jobs are substantially similar in skill, effort and responsibility under similar working conditions.

My employer says my coworker negotiated a better salary. Is that a defense?

Usually not by itself. The employer must show that the entire difference is explained by a legitimate factor other than sex, such as seniority, merit or job-related experience. Prior salary cannot justify the difference on its own.

Do commissions and bonuses count?

Yes. Unequal bonuses, commission rates, splits, quotas, and account or territory assignments can all be part of a pay discrimination claim.

I already left the company. Is it too late?

Not necessarily. Equal Pay Act claims generally allow three years after the last discriminatory paycheck, with back pay for up to six years of an ongoing violation, and FEHA allows three years to file with the Civil Rights Department. A recent termination also starts its own deadlines, so it is best to act promptly.

If you live or work in Long Beach, see our Long Beach equal pay page. For an overview of the cases we handle, see our Los Angeles employment lawyer page.

Talk to a Los Angeles gender pay discrimination lawyer

Rise Law Firm represents employees throughout California in pay discrimination, retaliation and wrongful termination cases, from chief executives to minimum-wage workers. We have secured millions of dollars for our clients, including recoveries against major companies, government entities, and celebrities, and we are particularly well known for handling high-profile cases. We work on a contingency basis, which means there are no fees or costs unless we recover compensation for you.

If you were fired or pushed out after raising a pay concern, or learned you were paid less than employees of another sex doing similar work, contact us to request a free, confidential consultation, or call (310) 728-6588. You can learn more on our wrongful termination, retaliation, and executive wrongful termination pages.

This page provides general information about California and federal law and is not legal advice. Reading it does not create an attorney-client relationship.