Do I have a sex-based wage discrimination case?

[skfan423]

What is the name of your state (only U.S. law)? Tennessee

I have been working for the same company for 4 and a half years. When I was hired in 2010, my starting salary was about $10,000 to $20,000 less than the average entry level salary for my job in my area. There are two other people in my company who do the same job as I do. They are both male and I am a female. Over the years, I have learned that they make quite a bit more money than I do. When I was hired, I was working on my bachelor's degree and I finished it this year. I asked for a raise, showing my boss research that I had done about what I should be getting paid. He did not give me a raise. I'm not sure if this is a case of intentional sex discrimination, but it seems that I am being discriminated against. Last year, I was moved out of the department into another department (still under the same overall manager, though) I feel like this move was an attempt to justify my low pay, because I am still doing the same job I was doing before, although now I have more responsibilities than the other two employees who make more than me. I am thinking about filing a complaint with the EEOC and trying to get a raise and back pay. I am also currently looking for other work. Do you think I have a case here? And do you have advice for me moving forward? Please let me know if you need more information.

 

[cbg]

Not only we, but you, need more information before you can claim sex-based discrimination. You do NOT have a valid claim based on what you've posted.

Nothing in the law says that everyone in the same position has to be paid the same; only that differences cannot be BECAUSE of gender (or another so-called protected characteristic).

Did they already have a bachelor's decree when hired? Do they have more years experience with another company? Have they been with your employer longer than you? Was the job market different when they were hired than when you were? Do they have a different skill set? Do they play golf with the boss? This is only a small sampling of the LEGAL reasons why they might be paid more than you. ONLY if you can show evidence that they are paid more BECAUSE they are male and you are female, would you have a legitimate claim through the EEOC.

 

[ajkroy]

In addition, it is common knowledge that there is income disparity between the genders in the US. It averages nearly 20% (some fields have a smaller gap, while others have a much larger one). Comedians make jokes about it, economists testify about it...but it is there. Even if you had the exact same qualifications as the men you work with, there is a less-than-likely chance you would be paid the same as they are.

Our choices are (as I see them) to make laws to change it or get used to it.

 

[eerelations]

In addition, it is common knowledge that there is income disparity between the genders in the US. It averages nearly 20% (some fields have a smaller gap, while others have a much larger one). Comedians make jokes about it, economists testify about it...but it is there. Even if you had the exact same qualifications as the men you work with, there is a less-than-likely chance you would be paid the same as they are.

Our choices are (as I see them) to make laws to change it or get used to it.

The laws have already been changed. Employers may not legally set pay for females at a lower rate just because of the income disparity you've described.

 

[skfan423]

Thanks for your responses. And to answer your questions:

One of the other employees had a bachelors when he was hired, the other one has an associates. Both have been with the company longer than I have. I don't want to bleed the company dry over a sex discrimination claim, I just want to be paid for the job that I do. And I don't understand the claim that "ONLY if you can show evidence that they are paid more BECAUSE they are male and you are female, would you have a legitimate claim through the EEOC."

From the EEOC website about the Equal Pay Act: "The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal."

That tells me that if I am doing the same job as a man, I should be paid at the same rate. I realize that other things come into play, i.e., senority, education level, etc., but if I am being paid $20,000 less than the average entry-level pay for my position in my geographical area, and there are two men who do the same job as I do are making at least entry-level (but more because of the other factors mentioned) then I should be making a comparable salary. I'm not asking to make as much as someone who has been at the company 10 years longer than I have, but I am asking to be paid what I am worth, and it seems as though the fact that I am a woman is justifying my low pay in some way.

I don't want to sue the company. I only want to file a complaint. I have thought about making a formal complaint through HR, but fear retaliation. The only way I feel I can not be retaliated against is to file a formal complaint with the EEOC. That way, if they do try to retaliate, I at least have some legal recourse.

 

[cbg]

But they may LEGALLY pay a man more than a woman if the man has been with the company longer.

You're going about this the wrong way. You say you want to be paid what you're worth - that means you should be focusing on why YOU are worth more, NOT on what someone else is paid.

 

[OHRoadwarrior]

In the case of my spouses former employer, the job market when she was hired was very bad and ten years later, they were hiring at a wage higher than she was getting with accumulated raises. She was upset because when she received her next raise she mentioned it and asked to have her raise account for that and they declined. I advised her to do the same thing they were doing and go elsewhere. She is not only making going rate but is in a key position in an ESOP to own 10% of a multi million dollar company in about 5 years.

The lesson here is if you cannot get them to recognize your achievements, take your skills to someone who will.