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Start with a dated, factual timeline
Record the relevant date, pay period or compensation effective date, what you observed, and when you noticed it. Keep direct observations separate from information someone else shared; identify the latter as something you were told. Use neutral descriptions such as “the statement lists $X” rather than conclusions about why the amount changed.
The EEOC’s worker-facing Pay Discrimination resource advises employees to keep records of what they are paid and the type of work they do. A simple dated note can help you connect the payment to the relevant statement, letter, schedule, or conversation.
Gather records you can lawfully access
Collect only material relevant to the question and that you are permitted to access. Depending on the issue, that may include:
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- Pay statements and records of hours worked or approved timesheets.
- An offer letter, compensation letter, or written bonus, commission, or benefit plan.
- Schedules or time records relevant to hours and overtime.
- Performance, promotion, or pay-decision communications you received.
- The written policy or plan you believe applies.
Keep copies securely and follow workplace confidentiality rules. Do not take personnel or business records you are not authorized to access. Internal job descriptions, pay policies, compensation-system details, and employer explanations may be relevant in an investigation, but that does not mean an employee is entitled to every internal record before speaking with HR.
If the question involves hourly pay or overtime
For each relevant workday or pay period, note the hours worked, applicable rate, overtime hours, gross pay, deductions, and net pay shown on the records available to you. Federal FLSA recordkeeping requirements for covered employers and covered nonexempt workers include information such as the pay basis, regular rate, hours, earnings, additions and deductions, wages per pay period, payment date, and period covered. Those federal requirements do not answer every state or local pay-statement question.
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Compare the same pay component and period
A useful comparison identifies what kind of compensation is in question and the dates it covers. Compensation may include more than base salary: EEOC materials describe items such as overtime, bonuses, stock options, profit-sharing, insurance, leave pay, and other benefits. Do not compare a one-time bonus with recurring salary, or a current amount with an earlier period, without making that distinction explicit.
| Record | What to write down |
|---|---|
| Pay component | Base pay, overtime, commission, bonus, benefit, or another specific item |
| Period or effective date | The pay period, decision date, or date a change took effect |
| Expected amount or treatment | The figure or rule you believe applies and its source, such as a letter or plan |
| Actual amount or treatment | What the pay statement, letter, or other record shows |
| Difference | Your calculation, including units and dates |
| Supporting source | Document name and date; preserve the original if possible |
| Open question | What remains unclear and what explanation you want |
For example, if a pay statement appears to show less overtime than your approved time record, list the pay period, recorded overtime hours, rate information available to you, amount paid, and the calculation you used. If a bonus differs from your expectation, identify the plan or communication that led you to expect a different treatment and the applicable performance or payment period.
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If comparing roles or another employee’s pay, separate facts from unknowns
Job titles alone do not establish whether two employees are similarly situated. If you have a legitimate, lawful basis to make a comparison, document relevant duties and responsibilities, work location, hours where relevant, and the compensation component and time period. Note known differences in experience, seniority, education, performance, or salary grade only when you have a reliable basis for them. Mark everything else “unknown” rather than filling gaps with assumptions.
EEOC investigation guidance identifies job descriptions, actual work performed, compensation policies, and possible explanations such as education, experience, seniority, salary grade, and performance as potentially relevant evidence. An employee may not have access to all of those details; the point of the record is to identify what is known and what to ask HR.
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Ask HR a specific, neutral question
Bring or refer to the timeline and supporting records. State the discrepancy in concrete terms, identify the source of your expectation, and ask how the calculation or policy applies. For example:
“I noticed that my [pay component] for [period/effective date] differs from [the amount in my offer letter/pay statement/policy]. Could you help me understand the calculation and whether a correction is needed?”
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You can also ask which policy or calculation applies, whether HR needs additional information from you, and when you should expect a follow-up. After the conversation, note its date, who you spoke with, what was explained, any documents requested, and any next step or expected response date. Keep the note factual.
Understand the legal context without jumping to a conclusion
A pay mismatch may reflect a payroll error, a policy or plan calculation, different work or compensation circumstances, or a possible legal concern. The facts and applicable law matter; an unexplained difference alone does not establish discrimination.
Federal laws use different frameworks. The Equal Pay Act addresses sex-based wage differences for substantially equal work in the same establishment and recognizes statutory defenses. Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act address compensation discrimination on their respective protected bases under different frameworks; their comparator and establishment requirements are not identical to the Equal Pay Act. This general explanation cannot determine whether a particular pay difference violates the law.
Covered federal equal employment opportunity laws prohibit retaliation for opposing compensation discrimination or participating in covered proceedings. If you are concerned about later workplace events, record dates and observable facts rather than assuming that every adverse event is unlawful retaliation. State and local laws, employer policies, and individual circumstances may also affect the appropriate process.
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