Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I'm concerned that I'm not being compensated equally to my…

Hi Pearl. I'm concerned...

Hi Pearl. I'm concerned that I'm not being compensated equally to my peers And I'm not sure what to do

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

I'm the only Black member at my job level, and even though I manage 40% of the $, and 5 times the accounts, I have been consistently denied promotions (while winning awards for performance and consistent high evaluations) No, I'm sort of at a breaking point after getting denied today. This is my first website I've visited

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I am at will in NYC, and do not belong to a union

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

I'm honestly not sure. Is there anything else I should provide, do you think?

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
3/15/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,574
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

If you've reached this point, it may be time to go outside the company and have the matter reviewed by the EEOC in your state. While your facts present the framework of a claim, the only way to really know about the strength of a claim is to contact the EEOC and have them investigated. The EEOC is not a court, so you don't need evidence to prove your case. Instead, the EEOC is a federally tasked agency, that investigates allegations of discrimination based on suspicion. They then look for the evidence that either supports or contradicts the allegation.

No matter what the EEOC thinks, you get the right to sue from them and you must do so within 300 days of the last instance of discrimination that you perceive. Certainly, adverse employment actions like refusals to promote can constitute discrimination. However, you have to understand that the employer is going to be notified of the complaint (and so, if you have never made your concerns known to the employer, they will be able to say that) and will have the chance to state a legitimate, non-discriminatory basis for the decisions they have made to not promote you.

Filing with the EEOC is a protected activity, so any retaliation against you would essentially create an independent lawsuit just for that behavior and often that is behavior that the EEOC takes on directly, themselves.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,574
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
Thanks very much for your reply, Allen.I'm a little concerned about filing a report without the case having any merits. I'm hesitant to claim things are racially motivated when they might just be standard terrible business practices. Do you have any suggestions for how to get a sense of the validity here?

I really don't. This is always a feel thing. If you have tried addressing this with the employer and their answers just don't make sense, that is suspicious.

If you notice a trend in who is promoted, that is suspicious. If you see no representation of diversity higher up in the company, that can be suspicious.

You are right though, there could be just bad business practices and there really is no good way to know from the outside.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,574
20,574 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,574 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
Can a company whose workforce is represented by a collective
Can a company whose workforce is represented by a collective bargaining agreement compel one union member to perform a work effectiveness report on another union member (peer to peer) with areas to ju… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I am an assistant professor at a community college. I recently
I am an assistant professor at a community college. I recently applied for promotion to associate rank and was denied. I have a letter from the Vice President stating my notebook lacked scope and brea… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,574 satisfied customers
I was passed over for a promotion to the next level management
I was passed over for a promotion to the next level management position. Out of 11 candidates I made it to the top 2 candidates. The hiring manager has only been with the company less than 6 months. I… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
In October 2013, I received my annual review (which is due
In October 2013, I received my annual review (which is due by 7/1 of each year) and was denied a raise due to an issue that was documented as being caused by my predecessor in 2010. I actually worked … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
Do I have legal recourse for being passed over for promotion
Do I have legal recourse for being passed over for promotion for a 2 week suspension that is 3yrs old, though my negotiated union/management labor contract states disciplines 2yrs and old will not be … read more
TexLaw
TexLaw
Attorney
Post-Doctoral Degree
4,347 satisfied customers
I am a 62 year old male public school teacher and have had
I am a 62 year old male public school teacher and have had excellent performance evaluations all of my career. This school year starting this past September I have been evaluated by a new Asssitant Pr… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
150 satisfied customers
My boss recently was fired in oct.. 1 the entire office filed
My boss recently was fired in oct.. 1 the entire office filed a claim against him. they have not replaced him and gave me more work what is my rights… read more
Marcy
Marcy
Attorney At Law
Doctor of Law w/ highest honors
165 satisfied customers
What is the obligation of a Texas state agency, in this case
What is the obligation of a Texas state agency, in this case a state-supported college system, to diversify its top management. I know of one such college that has four major campuses and yet does NOT… read more
Ray
Ray
Lawyer
Doctoral Degree
33,391 satisfied customers
Im not sure if I have a case or not. I work for a large chemical
I'm not sure if I have a case or not. I work for a large chemical company in R&D and a dues paying member of the union. I filed a grievance almost 18 months ago and it went as far as the 3rd level, th… read more
Marcy
Marcy
Attorney At Law
Doctor of Law w/ highest honors
165 satisfied customers
I am a female working professional who is currently being compensated
I am a female working professional who is currently being compensated significantly less than my male "Director" peers. Can a discrimination claim under the equal pay act be valid if we are not functi… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,574 satisfied customers
Im employed by the Federal government. I have received several
I'm employed by the Federal government. I have received several performance awards and special service awards. My last performance appraisal was rated as "Exceptional" with 4.6 points out of 5 possibl… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
OK I worked for a major bank in the HR area. One of my
OK I worked for a major bank in the HR area. One of my responsibilities was to analyze performance reviews and related data (360 reviews, comp awards, etc.). During the course of my analyses I discove… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,574 satisfied customers
My forman submitted a request for my promotion to journeyman
My forman submitted a request for my promotion to journeyman electrician on 18 June, 2010 after I took and passed the NCCER test for electricians. The superintendent never signed off on my request but… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
Are employers required to post job openings internally or at
Are employers required to post job openings internally or at the very least notify employees of job openings granting current employees the opportunity to apply before hiring some from the outside?… read more
Cowgirl Lawyer
Cowgirl Lawyer
Attorney at Law
Juris Doctorate
1,266 satisfied customers
I am a black female manager who performs at the same level
I am a black female manager who performs at the same level of my peers; and my peers fratinize with our boss, get tattoos (matching) hang out openly and when I ask for the same educational opportuniti… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
My husband was passed over for a promotion after 24 years with
My husband was passed over for a promotion after 24 years with his company, the selected individual had 6 years with the company. The selected individual had been promised this position by his immedia… read more
Cowgirl Lawyer
Cowgirl Lawyer
Attorney at Law
Juris Doctorate
1,266 satisfied customers
what steps should I take when after my review my ...
what steps should I take when after my review my supervisors, supervisors had him give me a warning that I was performing certain aspects of my job not to satisfaction; these areas have not been addre… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
14 satisfied customers
I have a few related questions. First, my company ...
I have a few related questions. First, my company recently re-evaluated our pay scales. My position was originally a grade 8 but was corrected to a grade 9. Should my salary be increased upon this gra… read more
Faye Lee
Faye Lee
JD and MBA and Masters of Law
1,416 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x