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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1952
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I work for an independent retail store with 8 employees. Most

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I work for an independent retail store with 8 employees. Most of the employees are woman that have worked there between 3 and 16 years, A male employee was just hired with no retail experience straight out of college. Because he is a male he is being paid $3 to $4 dollars more an hour then others that work there. As I said he has no retail experience and has had to learn everything from sales to counting cash. Is it illegal for the wage discrimination because he is male and that my boss feels he needs to pay a male more for doing the same job as the female employees? I have been there 9 years and have made $11 an hour for the past 5yrs or so. I started there as a part time employee, went to full time for about 2 yrs, (was cut back to part time when another male was hired a few years back, who was also paid more). I am a good employee with lots of experience.

Employment-LawExpert :

Hello and thank you for your question today.

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

Welcome to the chat

Customer:

yes

Employment-LawExpert :

Under Title VII of the Civil Rights Act of 1963 it is illegal to discriminate against a person because of their gender. Thus, if they are paying him more and you less because of the fact he is male, then that would be illegal.

Employment-LawExpert :

However, If the other employees who are women are making more money, or the same as him, then this action would not be discriminatory.

Employment-LawExpert :

An employer is allowed to pay people different wages for the same job.

Employment-LawExpert :

As long as the reason for that discrepancy is not based on a discriminatory reason.

Customer:

That is what he is doing and has done in the past. What should I do from here if I choose to take it further?

Employment-LawExpert :

You could make a complaint to the EEOC alleging Gender discrimination.

Employment-LawExpert :

This can be done here:

Employment-LawExpert :

http://www.eeoc.gov/employees/charge.cfm

Employment-LawExpert :

Or you could first try an interpersonal approach where you ask your boss for a raise and see what their response is.

Customer:

As far as your question: he has paid all female employees less then what he is making. Even an female employee who had been there 16 yrs and was far more quilified was being paid less then what the new male employee is being paid.

Customer:

Yes I will first approach my employer and see what comes of it. Thank you for the information.

Employment-LawExpert :

Not a problem. Have I fully answered your question today?

Customer:

yes I believe so.

Employment-LawExpert :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Employment-LawExpert :

Have a wonderful rest of your day.

Brandon, Esq. and 3 other Employment Law Specialists are ready to help you

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