Pay Discrimination on the Basis of Sex Under the New York Equal Pay Act as a Cause of Action in New York

In New York, employees are protected from being paid less because of their sex through the New York Equal Pay Act (NYEPA), found in Section 194 of the New York Labor Law. This law ensures that individuals doing substantially similar work must receive equal pay, regardless of gender. If a person is being paid less than someone of the opposite sex for doing the same job under similar conditions, they may have a strong legal claim.

Here are the three main elements someone must prove to bring a successful case under the NYEPA.

Different Wages for Opposite Sexes

The first requirement is to show that the employer pays different wages to employees of different sexes. This means a female employee must show she is being paid less than a male coworker, or vice versa, for work that is substantially the same. The difference could be in hourly wage, salary, bonuses, or other forms of compensation.

It is not necessary for the pay to be dramatically different. Even a consistent pattern of slightly lower wages or fewer raises can be enough to support a claim if it can be tied to the employee’s sex.

Equal Work on Jobs Requiring Equal Skill, Effort, and Responsibility

Next, the law requires that the two jobs being compared involve substantially equal work. This does not mean the job titles must be the same. Instead, what matters is what the employees actually do each day. If both roles require the same level of skill, effort, and responsibility, they are considered “equal work” for the purposes of this law.

For example, a male and female employee may both be in management positions that involve supervising teams, handling budgets, and solving similar types of problems. Even if they have different titles, if the work is essentially equal, the law applies.

Similar Working Conditions

The final element is that the jobs are performed under similar working conditions. This generally refers to the physical environment, schedule, and level of risk or stress involved. For instance, if both employees work in the same office, on the same shift, and handle similar pressures or deadlines, this element is satisfied.

Conclusion

Pay discrimination based on sex is illegal in New York, and the NYEPA provides employees a clear path to challenge unfair treatment. To succeed, a worker must prove that they are paid less than someone of the opposite sex for doing substantially the same job under similar conditions. These cases do not require proving intent to discriminate—just the existence of unequal pay without a valid reason. Employers may try to justify pay differences using factors like seniority or merit, but if none of those apply, the worker may be entitled to compensation. The NYEPA helps enforce fairness and transparency in the workplace, ensuring that no one is paid less simply because of their gender.

Find the Law

“Similarly, to state a claim under the NYEPA, as relevant here, the plaintiff must allege that ‘(1) the employer pays different wages to employees of the opposite sex, (2) the employees perform equal work on jobs requiring equal skill, effort, and responsibility; and (3) the jobs are performed under similar working conditions.’  (Wu v Good Samaritan Hosp. Med. Ctr., 815 Fed.Appx. 575, 580-81 [2d Cir 2020] [citation omitted]; Labor Law § 194 [1]).” Campbell v. Authentic Brands Grp., 2025 N.Y. Slip Op. 30148, 31 (N.Y. Sup. Ct. 2025).