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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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Our office just hired a male emplyee at a higher ranking than I. The I was offered a porm

Customer Question

Our office just hired a male emplyee at a higher ranking than I. The I was offered a pormotion after six years in my current job to be at the same level of pay as the new male co-worker. When offered my new salary I know that it is quite a bit lower (almost 10%) than this new employee. When I told my boss I was surprised I was not offered more for the new position, I was told "Well, you know that women today get paid less than their male counterparts." When I raised my eyebrows at that comment she asked me, "what, you haven't heard that?" I simply answered with, "Yes, I have." THe she said that they came to the decision based on the duties of the job. And nothing more. What should I have done?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.
You have done everything right up to this point. If the jobs are identical or nearly identical and your education, experience and skillsets are equal, then you have a very strong argument for gender based discrimination. The Civil Rights Act protects people from discrimination in the work place based on age, gender, race and disability. If you have the same baseline qualifiers for the job and this is the same job with the same demands and the only difference in your gender, then there is presumptive discrimination here If you allege that, then the employer has the obligation to show that their action is not discriminatory. I would speak with your boss again on this subject and get them to show you just how he deserves the same or more pay for the same job, when you have more experience with this company. If they cannot give you a valid reason, you need to contemplate filing an EEOC complaint. The EEOC will look at your complaint and if they find merit, allow you to sue in federal court. They will also provide mechanisms to protect you from retaliation. Based on what you have shared with me, this sounds like a very viable case for gender based discrimination. Let me know if you have any additional questions. Please rate my answer positively as well. Best wishes going forward!
Customer: replied 1 year ago.
Thank you. I know that I have been this position for six years. The male employee is new to this specific role. The duties are different abc require different skills and my guess is that my boss and the hr dept will argue that his job requires more expertise, therefore pays more. Is there something I can do with the comments she made. I believe they are very inappropriate. She is new to personnel management.
Expert:  Delta-Lawyer replied 1 year ago.
The comments, in and of themselves, will likely not prove to be fruitful in a court setting. She can argue that it is fact (which unfortunately is the case) and that this fact was not the basis for his pay, but his skill and expertise. To really have an actionable case, you are going to have to show that he was paid more only because he is a male, and that all other things are equal.
Expert:  Delta-Lawyer replied 1 year ago.
Did you have any other questions or comments? I just want to make sure you are as comfortable as possible as you move forward. Thanks