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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18846
Experience:  Employment/Labor Law Litigation
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I am psychotherapist working in an outpatient clinic setting

Customer Question

Hello I am psychotherapist working in an outpatient clinic setting and recently passed my clinical examination making me an LCSW formerly LMSW title. I was recently informed that my increase rate per diem went from 23 dollars per patient to 24 dollars now this rate is way below market rate and pay scale according to my credentials and experience. I gm aware that other employees typically white LMSW recently graduating from graduate school are being offered 25 dollars per client per diem which is higher pay for less qualifications credentials and experience. I have been currently working at my lace of employment for six years I began in 2009 at the time I wee hired at 20dollars per client which I believe at the time I was one of if not the lowest paid employee at the time and I believe I was hired at a lowernrste that. My peers due to my race and ethnicity ( African American). Then I was given a raise up to 23 dollars about nine months after working there due to guilt on their part and my performance to bring my salary closer to marker rate. Since 2010 when this raise was given I have not received a raise in over five years. Now since recently passing my Clinical exam making me a LCSW I inquired about my increase in pay rate and informed that I would be increased 1 dollar per client this in my opinion is way below market rate. When I see jobs postings people are being offered 30-35 for LCSW per diem work per clients. I also was informed by a white male colleague that he was offered 25 dollars per session per client per diem and he is a recent graduate only holding an LMSW degree. I believe that I am being under paid and under compensated due to my race and ethnicity. I would like to know what my options are at this time to file a discrimination complaint thanks. I do not want to go this route but feel my director will not raise my low pay rate and feel I need leverage to get my must due for six years of employment t with this company. Any assistance you can bring is greatly appreciated.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Your option here is to first file a complaint with the Equal Employment Opportunity Commission in your state. That government agency has the power and ability to come in and perform an investigation about the pay differences so that you can have some actual evidence of that pay differential.

It is also legally required to preserve your right to sue through the EEOC process. So, that is where you need to start. It stops the time clock on your claim and gives you the benefit of an investigation.

Filing this complaint is a protected activity, so you cannot legally be retaliated against for filing the complaint.

Once you're through that EEOC process, then you get the report and a "right to sue" letter. It is at that time that you would look at hiring local counsel file a federal complaint.

Expert:  Allen M., Esq. replied 1 year ago.

I see that you recently posted a phone call request which expired.

Did you have follow up questions to ask based on my response to your question? You didn't ask any follow up questions, so I had no basis to give additional information. What is it that you need to know in addition to what has already been provided?