Gender-Based Equal Pay Audit

Our Pay Equity Audit Service helps our clients achieve compliance with federal and corresponding state pay equity laws and establish all possible affirmative defenses to a gender-based pay equity claim. For decades, it has been illegal in the United States for an employer to discriminate against women, including discrimination in terms of compensation. We established this service to ensure that our clients are not unknowingly violating laws with outdated pay practices.

Turn Key Equal Pay Audit Service

This audit service provides a front-end evaluation audit of your current wage differentials by our attorneys that includes a report of the analysis, recommendations, and opinion, to create an affirmative defense under state law.

Affirmative Defense Audit & Report Service

This audit service provides an analysis and recommendation report based on your self-audit assessment of wage differentials in order to create an affirmative defense under state law.


All of our services are protected by attorney-client privilege and are indemnified.

The Pay Equity Audit Process

Step 1: Client will conduct a self-audit of all existing jobs.
Pay Equity Self Audit Process – Provided by Foley & Foley, PC

As a general rule, it is discrimination to pay unequal wages to female employees for equal work on jobs that require equal skill, effort and performed under similar working conditions.

Client will create job bands consisting of one or more jobs that have been determined to perform “equal work.”

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Step 2: Client will assess any pay/wage differentials between genders.
Checklist of Data Required – Provided by Foley & Foley, PC

Identify any pay/wage differentials between employees of opposite genders performing “equal work.”

Determine whether that differential is based upon a seniority system, a merit system, a system which measures earnings by quantity or quality of production, or a differential based on any factor other than sex.

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Step 3: We will have a privileged conversation.

You will forward to us the results of your self-evaluation and assessment, including the document that contains all job bands and the assessment of any wage differential between employees of opposite genders.

We will meet by phone to review and finalize your evaluation and assessment. You ask questions. We provide answers.

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Step 4: We will work together to create a plan that will provide immediate progress toward eliminating pay differentials uncovered by the evaluation.

Take our recommendations, finalize your evaluation and change any recruitment or employment practices to achieve compliance.

Relax knowing that you have conducted a thorough front end assessment and may be establishing an affirmative defense to a pay equity claim.