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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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Re: California Fair Pay Act of 2016 I have been offered a

Customer Question

Re: California Fair Pay Act of 2016
I have been offered a promotion since my male coworker previously in that position has taken another job within the company. They offered me a lower salary to start with in this position than my male coworker was given when he took the position 18 months ago, and he has received a raise since then as well.
Does this fall under the California Fair Pay Act? My boss said the reason they are paying me less than him to start is that he had 1 more year of experience within the organization than I do, even though I have 3 years of directly related experience from a prior job.
Submitted: 9 days ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 9 days ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 9 days ago.

The CA Fair Pay Act makes it illegal to pay an employee less money because they are a woman. However, neither the CA Fair Pay Act nor any other state or federal law make it illegal to pay an employee less for reasons not related to "protected traits," such as gender, race, or religion. Employers have no general obligation to be fair or to treat all employees the same. An employer is free to pay an employee less than another for the same work based on less experience with the organization.

If you were going to sue here, what you would need to prove is that the real reason you were offered less pay was NOT because you are less experienced with the organization, but that this was simply a fabricated pretense to cover up the fact that they wanted to pay you less because you are a woman. You would bear the burden of proving this.

Although it is illegal to retaliate against an employee who sues for gender discrimination, lawsuits for understandable reasons tend to be extremely destructive to employment relationships. So, if you see long term potential with this company, it would really make very little sense to sue or even threaten to sue unless you had compelling evidence that age was actually the motivation here. Otherwise, the decision may be unfair, but it is likely in your best interest not to assume an aggressive posture over it.

I hope that you find this information helpful. 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, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Expert:  Patrick, Esq. replied 9 days ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get paid for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.

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