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If you do not receive the same pay as those who have previously held this position and those other individuals were all white, you would have a rather strong claim for race discrimination
, seeing as there is no reasonable basis for the disparity.
Ordinarily, it is much better to accept the position
and sue for damages rather than to turn down the position all together. This way, it is easy to argue that you have sustained a quantifiable harm
in the difference between pay grade 10 and 11 for the length of time you have filled the production manager position.
If you refuse the position due to pay, then you really muddle your damages claim, since your employer can argue there were other reasons you rejected the position, and also that you shouldn't be entitled to the elevated rate of pay because you never performed work as a production manager to warrant it.
In short, a claim for racial discrimination would typically be strong if you are denied comparable pay to white employees who have held the same position. However, an individual in your circumstance will ordinarily want to accept the position and subsequently sue for damages rather than reject the position and argue entitlement to higher pay. The latter approach adds needless complexity to your claim and muddles your damages.
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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.
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