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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I am black and female. I have been teaching engineering

Customer Question

I am black and female. I have been teaching engineering for 2 years as a permanent sub teacher with no contract because I have not as yet succeeded in passing the MTEL in Engineering. I am aware that there are atleast 1 or 2 men in the field doing same job as me with contracts (for years) and cannot pass the MTEL either yet they are getting paid upwards of 300.oo per day compared to my 125.00 per day! When I was hired on I was to get a teacher level one increase up to 249.00 per day and they never notified me that I would not be getting that increase (claiming budget cuts)when I agreed to teach the course. But, when you go on their school official website it says permanent subs should be paid teacher level one. to date the school comm/dept.. has YET to change that information thereby deceiving potential employees. I have much documentation that I believe will support a lawsuit for back wages I believe are due to me.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.

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.

Let me know if you have any other questions or comments. Please also rate my answer positively (THREE OR MORE STARS) on the ratings bar on your end so I can receive credit for my response from the site.

Thank you and best wishes!

Expert:  Delta-Lawyer replied 1 year ago.

Did you have any additional questions?