Suing for Unequal Pay Under the Alabama Clarke-Figures Equal Pay Act

For decades, Alabama was one of the few states in the nation without a specific state law mandating equal pay for equal work. That changed in 2019 with the passage of the Clarke-Figures Equal Pay Act. While federal protections under 29 U.S.C. § 206(d) have long existed, Alabama's state-specific statute provides localized protections against wage gaps driven by sex and race discrimination. If you discover that the coworker sitting next to you is making thousands of dollars more per year for doing the exact same job, you have the right to demand equality. Because proving wage discrimination requires deep financial analysis and navigating corporate defenses, we strongly encourage you to use our US Attorneys directory to find an Alabama equal pay lawyer to evaluate your claim.

Building a Wage Discrimination Case in Alabama

Pursuing an unequal pay claim requires you to prove that you and a 'comparator' (an employee of a different sex or race) work in the same establishment and perform substantially similar work, yet you are paid less. Here is how the legal process unfolds.

Step 1: Legally Discussing Salaries with Coworkers

The biggest hurdle to proving wage discrimination is simply finding out what your coworkers make. Many Alabama employers enforce strict 'pay secrecy' policies, threatening to fire anyone who discusses their salary. These policies are entirely illegal. Under the federal 29 U.S.C. § 157, non-supervisory employees have a federally protected right to discuss their wages, bonuses, and compensation with each other. Your employer cannot retaliate against you for comparing paychecks in the breakroom.

Step 2: Utilizing Employer Record-Keeping Requirements

Under Ala. Code § 25-1-30(e), Alabama employers are required to follow the standard FLSA record-keeping rules established by the U.S. Department of Labor under 29 C.F.R. Part 516, which track basic payroll, hours, and job classifications rather than formal written performance evaluations. Furthermore, under Ala. Code § 25-1-30(f), the burden is placed on the employee to plead with particularity in the complaint that they were paid less for equal work despite having equal skill, effort, education, experience, and responsibility, and that the wage disparity does not correlate to permissible factors such as a seniority or merit system.

Step 3: Filing the Lawsuit in State Court

A unique aspect of Alabama employment law is that the state does not have a dedicated Department of Labor division that investigates discrimination. Therefore, you do not have to file an administrative complaint at the state level before suing. You and your attorney can file a lawsuit directly in a local state court, such as the Jefferson County Circuit Court, Birmingham or the Montgomery County Circuit Court, Montgomery. While wage discrimination claims under Title VII require exhausting administrative remedies with the EEOC and obtaining a Right to Sue letter, lawsuits under the Alabama Clarke-Figures Act-similar to claims under the federal Equal Pay Act, 29 U.S.C. § 206(d)-can proceed directly to court without prior EEOC filings.

Defeating Common Employer Defenses

Once you prove a wage gap exists, the burden of proof shifts to the employer. Under Alabama law, the company must prove that the pay discrepancy is based on a factor other than sex or race. They will usually argue one of the following defenses, which your lawyer must dismantle, a process similar to the federal precedents established in cases like Corning Glass Works v. Brennan, 417 U.S. 188 (US Supreme Court 1974).

Seniority Systems vs. Merit Systems

Employers frequently argue that a male coworker is paid more due to a 'seniority system.' If the male coworker has been with the company for 10 years and you have been there for two, paying him more is perfectly legal. However, if they claim it is a 'merit system' (paying him more for better performance), your attorney will demand to see the objective grading rubrics. If the merit system relies entirely on a manager's subjective favoritism rather than measurable data, it is not a valid legal defense under the Clarke-Figures Act.

Prior Salary History Rules

Historically, Alabama employers asked applicants what they made at their last job and based their new salary on that number, perpetuating a cycle of low wages for women and minorities. Under the Clarke-Figures Act, an employer can still ask about your wage history, but they are strictly prohibited from refusing to interview you, hire you, or retaliate against you if you refuse to provide your past salary history during an interview.

Damages and Legal Costs

Winning an equal pay lawsuit allows you to recover the money that was rightfully yours.

The Statute of Limitations for Wage Claims

You must act quickly. Under the Alabama Clarke-Figures Act, the statute of limitations is strictly two years from the discriminatory act under Ala. Code § 6-2-38(m), as state law does not incorporate the paycheck-reset rule. By contrast, under the federal Equal Pay Act, you have two years (extended to three years for willful violations), and under federal Title VII claims, the 42 U.S.C. § 2000e-5(e)(3)(A) resets the clock with every single discriminatory paycheck you receive.

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