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Before contacting HR about a pay discrepancy, make a dated, factual record of what you expected, what you received, the period involved, and the documents behind each figure. Compare the same pay component over the same time period, separate what you know from what you still need explained, and ask HR to review the calculation. A difference is worth checking, but it does not by itself prove discrimination or another legal violation.
Start with a timeline and a specific question
Write down when the pay decision or pay period took place and when you noticed the difference. State what happened in descriptive terms, not conclusions. Separate what you observed in your own records from anything another person told you.
- Record the pay period or compensation effective date.
- Name the pay item involved: for example, base pay, overtime, commission, a bonus, or a benefit.
- Write what you expected and where that expectation came from, such as an offer letter, pay statement, written policy, or approved timesheet.
- Note what the available record actually shows and the date you reviewed it.
- List what remains unclear, such as the rate used, an adjustment, a deduction, or the rule applied.
The EEOC advises workers to “Keep records of what you are paid and what type of work you do.” Its Pay Discrimination resource provides that advice; keep the record factual and preserve the documents that support it.
Gather records you are allowed to access
Collect the documents relevant to the question, and keep copies securely in a way that complies with workplace confidentiality rules. Do not take confidential personnel or business records you are not authorized to access.
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- Pay statements and offer, promotion, or compensation letters
- Written compensation policies, bonus plans, or commission terms available to you
- Your schedules, time records, and approved timesheets
- Communications about the pay decision, performance review, or promotion
- For a role comparison, information you lawfully know about duties, location, experience, seniority, or performance factors
For covered nonexempt workers, federal Fair Labor Standards Act recordkeeping requirements include the pay basis, regular rate, hours, earnings, additions and deductions, wages per pay period, payment date, and period covered. See the Department of Labor’s FLSA recordkeeping fact sheet. Those requirements do not answer every state or local pay-statement question. The DOL page also links to a printable work-hours calendar that can help you keep a personal log; it is optional and does not replace original employer records.
If the issue involves hours or overtime
For each relevant day, record the hours worked, the rate you believe applies, any overtime hours, and the gross pay, deductions, and net pay shown on the statement. Use dates and units so another person can follow the calculation. Keep your own log alongside available schedules and approved time records rather than changing or recreating employer records.
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Compare the same thing over the same period
Use a compact table to make the mismatch easy to review. Do not combine different pay components or periods into one comparison.
| Item | What to record |
|---|---|
| Pay component | Base pay, overtime, bonus, commission, benefit, or another specific item |
| Period or effective date | The pay period, decision date, or date the compensation change took effect |
| Expected amount or treatment | The figure or rule you believe applies and the document or communication it comes from |
| Actual amount or treatment | What the pay statement, letter, or other record shows |
| Difference | Your calculation, with dates and units; show the arithmetic if that helps explain it |
| Supporting source | Document name and date; retain the original if possible |
| Open question | The calculation, policy, or missing information you want HR to clarify |
For example, if a pay statement shows fewer overtime hours than your own dated log, compare the hours for that pay period, the rate, and the gross amount separately. Avoid comparing a gross figure with a net deposit or a one-time bonus with regular salary as though they were the same measure.
If you are comparing your role with another employee’s
Record the relevant work and context, not just job titles. Note duties and responsibilities, work location, hours where relevant, and any known differences in experience, seniority, or performance factors. Mark information you do not know as “unknown”; do not fill gaps with assumptions or seek records you are not entitled to see.
EEOC investigation guidance identifies job descriptions, work performed, compensation policies, and possible explanations such as education, experience, seniority, salary grade, and performance as relevant evidence. This is not a checklist proving that two employees must receive the same pay. Job titles alone do not establish whether roles are comparable, and an employee may not have access to all information needed to evaluate the difference. The EEOC’s Section 10 compensation guidance describes evidence considered in investigations.
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Ask HR for the calculation, not a conclusion
Bring your timeline and supporting records, then make a neutral, specific request. 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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Ask which policy or calculation applies, whether HR needs any information from you, and when you can expect a follow-up. After the conversation, note the date, who you spoke with, what was explained, any next steps, and when you expect to hear back. If the response identifies a different period, rate, or policy than the one you recorded, update your notes and keep the original documents.
Understand what a pay difference can—and cannot—show
Compensation is broader than base salary. EEOC materials include overtime, bonuses, benefits, stock options, and other remuneration. Identify the exact item at issue before drawing conclusions.
Federal laws address compensation discrimination through different frameworks. The Equal Pay Act concerns 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. An unexplained difference alone does not establish that any law was violated. See the EEOC’s compensation guidance and Equal Pay Act questions and answers.
The EEOC says covered federal EEO laws protect people from retaliation for opposing compensation discrimination or participating in covered proceedings. Keep a factual record of later workplace events if you have a concern, but an adverse event is not automatically unlawful retaliation. Applicable protections and procedures can depend on the facts and the law involved; state and local requirements, employer policies, and the circumstances may also affect where to seek guidance. The EEOC’s retaliation resource explains the federal protections.
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