Employment Law Questions? Ask an Employment Lawyer.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of employment law experience. It is a pleasure to assist you today.
First off, you have a valid employment discrimination claim based on what you have shared with me. You are a minority and in a protected class by being female. The fact that you have not passed the MTEL is actually somewhat immaterial here. What matters is that you are being compensated differently than your comparators with the only differences being gender/race. That in and of itself, if a prima facia case for discrimination.
Moreover, you are being compensated in a different manner than your employer's publicly stated method. That by itself can also be independent grounds for a discrimination suit.
You need to meet with your local EEOC office as soon as possible to file a claim based on unlawful workplace discrimination. Be prepared to describe the discriminatory activity in detail when you file your complaint. The EEOC will investigate and if they find merit, will allow you to sue in federal court for damages, attorney fees and back wages. You are also protected from retaliation as well by the EEOC and federal courts.
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Thank you and best wishes!
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