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I have a question about the PA EEOC. Is that something you…

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I have a question about the PA EEOC. Is that something you can help with?

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Fulltime in PA

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Non-union

Submitted: 8 months ago.Category: Employment Law
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Answered in 1 minute by:
10/2/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,203
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome. What is your question about the PA EEOC? I very much look forward to helping you on this matter.

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Customer reply replied 8 months ago
I am working for a large university. I have been here for almost 15 years. Recently, I applied for an internal position (within the same unit) and received an offer for that position which was well below what I was told it would be. The position is a title higher (director) than my male colleague (associate director) in the unit who makes 8k more. They are saying they can get away with this because I already work here. However, it sets up a huge inequity on this team. My job description and number of direct reports will be much more demanding than his. I want to know if this is legal and/or if I have a discrimination case. This is also not the first time this has happened to me.
Customer reply replied 8 months ago
Both myself and my colleague share the same degree. We also began working in the field the same year.
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago

Thank you. Do you believe this is happening BECAUSE of your gender? If so, what specifically makes you believe that?

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Customer reply replied 8 months ago
HR, my supervisor, and her boss all supported a higher salary. There is one person who is causing the issue and it is a male. He has a history of doing this. I cannot document it because I don't have access, but I believe if I had a different first name he would be more willing to negotiate. The money is there, it's in the budget.
Customer reply replied 8 months ago
What would I need to prove that it is gender related?
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago

Ultimately you need to be able to convince a jury it is more likely than not that if you were male you would be getting offered more money. Proof can come in any form--anything that makes it more likely that this is gender related is proof. But you as the complaining party bear the burden of proof. So, it's generally not enough to say "this is unfair, I'm female he's male." You need something more.

Do you know whether this practice of paying less to current employees who are promoted versus what is paid to new hires is standard? Has it been done before? If this is the way it has always worked for all internal promotions, you probably don't have a discrimination case because it is clear that this is just policy. But if the practice can't be backed up with any prior conduct, that does make a gender motive more likely.

Still, it would be nice to see additional evidence, though. For example, derogatory comments about females, a pattern of treating females less favorably, or something along those lines.

You can certainly file an EEOC complaint and have them investigate. It's possible they will discover facts you are unaware of that strengthen the case. There is nothing to lose as filing with the EEOC is free and also "legally protected," meaning you cannot be retaliated against for 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.

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