Market Adjustment

[tiutis]

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

I feel like my employer has been unfair in the approach to apply market adjustment for the employees. Employees whose salaries are 4% or more below the mid-point, are supposed to receive a market adjustment (increase). However, certain people received it even when their salaries were above a mid-point, and others whose salaries were below a mid-point did not.

Is it illegal? Is it something that I can challenge my employer?

 

[davew128]

You're not entitled to a raise in the first place, so I don't see the problem. (no its not illegal)

 

[LeeHarveyBlotto]

Fair is a place where they judge pigs.

 

[tiutis]

Fair is a place where they judge pigs.

Would you change your opinion if I added its a government-funded employer?
You can't pay differently to people for the same job, qualifications and experience but you can cherry pick who gets a market adjustment and apply it inconsistently among different people and jobs?

 

[Zigner]

Would you change your opinion if I added its a government-funded employer?
You can't pay differently to people for the same job, qualifications and experience but you can cherry pick who gets a market adjustment and apply it inconsistently among different people and jobs?

Sure you can.

 

[LeeHarveyBlotto]

Would you change your opinion if I added its a government-funded employer?
You can't pay differently to people for the same job, qualifications and experience but you can cherry pick who gets a market adjustment and apply it inconsistently among different people and jobs?

The first part of your second sentence is factually incorrect, which makes the second part moot.

 

[cbg]

You can't pay differently to people for the same job, qualifications and experience

Who says you can't?

 

[tiutis]

Ok, you're right. While employer does nothing t have to pay the same, you open yourself for discrimination issues when Employer cannot justify the pay differences. Our pay structure is based solely on experience so if you have a minority that gets a lower market adjustment of none at all, don't you think it's a liability?

 

[cbg]

They don't have to justify the pay differences. They only have to show that it's not based on a protected characteristic. And they only have to do that if the government asks.

 

[Zigner]

Ok, you're right. While employer does nothing t have to pay the same, you open yourself for discrimination issues when Employer cannot justify the pay differences. Our pay structure is based solely on experience so if you have a minority that gets a lower market adjustment of none at all, don't you think it's a liability?

You are free to "challenge" your employer. Personally, if one of my employees came to me "challenging" their pay rate, I'd fire them for the attitude. Now, if an employee came to me politely inquiring about a raise, I would be much less inclined to take offense at the attitude.

 

[tiutis]

I'm glad you're not my manager. People with an attitude like yours hope don't make it into leadership roles.

 

[Zigner]

I'm glad you're not my manager. People with an attitude like yours hope don't make it into leadership roles.

It's business. One can have a cooperative employee or a trouble-maker. It's people with a sense of entitlement (as you have displayed) that don't make it far.

 

[eerelations]

No manager in the world likes to be "challenged" by his/her employees. However, many managers (like Zigner) are fine with their employees discussing things politely with them (as Zigner said).

And for your information, filing a complaint with the EEOC = suing. And when you do file said complaint, the first thing the EEOC will ask you is why you didn't bring this up first with your manager. And if your manager is the special person you imply he/she is...why aren't you?

 

[tiutis]

By challenging I mean asking a bunch of "whys". A good manager will listen out employees concerns and opinions. And if an employee does not get answers and feels like they are not treated fairly, you have to voice it out,right. Or do you automatically assume that the employee is entitled and does not need to know how the policies are applied?
Fire him/her! How dare you wonder why your coleagues got market adj. and you did not!
No wonder fat pigs are geting fatter!

 

[cbg]

Speaking as the person who, not long ago, could have been either the person who did the gender discrimination investigation or the person who had the conversation about your raise with you, or maybe even both, there are ways and ways of having this kind of conversation.

"How come Dave got a market adjustment and I didn't?" is the wrong way. It does nothing to prove your worth and can, legally, get you fired.

"In the last six months I contributed x, y and z to the company. I increased revenue by a, improved productivity by b and beat out the competition by c. I think I've proved my value to the company - can we have a discussion about my compensation?" is much more likely to get you positive attention.

If you're determined to go with the first way, we can't stop you. But as someone who has not only conducted investigations in illegal discrimination but taught classes in how to recognize it, I am telling you that if your understanding is that the law requires that you be paid identically to everyone else in the same position regardless, then your understanding is wrong, and the EEOC will also tell you so. There are a whole host of reasons why a male employee can be paid more than a female employee IN THE SAME JOB and have it be entirely legal.

ETA: Looks as if I confused your post with another one. But the general gist of my answer remains the same.