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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12620
Experience:  Significant experience in all areas of employment law.
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My employer Roche Diagnostics has been given 3 so workers

Customer Question

My employer Roche Diagnostics has been given 3 so workers higher raises than anyone else that performs the same job and has been there 6 years longer than them including African americans who have been there 10 plus years longer those 3 coworkers make 3 plus more dollars more while under one supervisor since 2009
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Indianapolis
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 9 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 9 months ago.

Hello and welcome. Thank you for coming to Just Answer. May I ask, what specifically is your legal question regarding this situation?

Customer: replied 9 months ago.
Can they be at fault for unfair wages
Expert:  Patrick, Esq. replied 9 months ago.

Thank you.

Legally speaking it doesn't matter whether the wages are "fair" because the law actually does not require employers to be fair in determining how much they pay their employees. What the law prohibits is discrimination on the basis of legally protected traits, such as race, religion or gender. What this means is that any pay disparity that is MOTIVATED by a protected trait (i.r. race) would be legally actionable.

Here, the facts you describe suggest that your employer may be motivated by race in paying certain employees less. THAT is illegal, not simply the fact that it is "unfair."

The remedy for an employee being paid less because of race is to file a complaint with the EEOC. The EEOC will investigate and attempt to mediate a resolution with your employer. That not forthcoming, they will either file a lawsuit on your behalf or issue you a "right to sue" letter, which will enable you to sue in civil court with the assistance of an attorney.

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.

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Expert:  Patrick, Esq. replied 9 months ago.

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