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RobertJDFL, Attorney
Category: Legal
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Experience:  Experienced in multiple areas of the law.
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The company I work for is paying a man more than me (a female)

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The company I work for is paying a man more than me (a female) for doing a lesser job. I was promoted after 1.5 years at the company and he was hired to fill my old position. Today I saw his paystub (he left it on his desk). He is making almost $4/hr more than I am! His job is an entry level position. In addition, I've worked there since 11/06, he was hired in 2/08. I am 1 month from having my Bachelor's degree in Business Administration, and he never went to college. He was hired with NO previous experience in this field (as was I). Even if the company could argue that our jobs are similar or the same, he does not have experience, senority or anything else other than male parts that differentiate he and I. In addition, he is lifelong friends with the HR manager and good friends with the company president. I photocopied his paystub. What should I do?
Submitted: 7 years ago.
Category: Legal
Expert:  RobertJDFL replied 7 years ago.
Thank you for your question.

As you can see from reading the EEOC website and based on these factors, I believe you have a cause of action based on the Equal Pay Act, because it is clear that in terms of skill level, education and training, you are at a higher level than the new employee and should be making more money, especially since his is an entry level position. You may also have a claim for sex discrimination under Title VII of the Civil Rights Act.

The best thing to do would be to speak with an employment attorney with respect to the best cause of action. An EPA claim does not require you to (though you can) file a charge against your employer with the EEOC, but you must file suit for an equal pay violation within 2 years. If you were to pursue a claim for sexual discrimination, you must first file a charge against your employer with the EEOC, within 180 days. Information on how to do that is found here:

If the EEOC determines there has been a violation, they will attempt to settle with your employer. If they cannot settle, they may decide to sue your employer on your behalf, or issue a "Notice of Right to Sue" letter to you, allowing you to bring a lawsuit. If they find no violation, you will again be issued a "Notice of Right to Sue" letter and allowed at that point to bring legal action.

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