Is Underpaid Male protected under EPA or Title VII???

[chadngutierrez]

I'm in NY. I am a hispanic male and I just found out that my white female counterpart (we do the same job, exactly, and our boss always refers to us as "equals") is making about a 1/3 more than me... about $20K more! She has only been here one year more than me (and my raises are not going to catch me up any time soon). When she told me her salary she said "I know I get paid more only because I am eye candy."
I get the feeling that if the situations were reversed, this would be an open and shut case... but being a man... do I have any rights protected under the law?
All I'm looking for is equal pay for equal work.
Thanks for hearing me out...
Signed- Stressed in New York

[You Are Guilty]

What makes you think you have any right to be paid the same as anyone else, much less the eye candy?

[j991]

You can try and determine why you are being paid less than your co-worker. You are still covered under equal protection, regardless of race, gender, age, etc. Be aware that the company does not have a large burden of compliance. They just need to be able to say that she is being paid more because she has been with the company longer, has more previous experience, her performance is at a higher level, etc.

[chadngutierrez]

Because we are performing the same job, with the same responsibilities, in the same work conditions.
"No employer having employees subject to any provisions of this
section shall discriminate, within any establishment in which such
employees are employed, between employees on the basis of sex by paying
wages to employees in such establishment at a rate less than the rate at
which he pays wages to employees of the opposite sex in such establishment
for equal work on jobs the performance of which requires equal skill,
effort, and responsibility, and which are performed under similar working
conditions" -Equal Pay Act of 1963

[cbg]

The Equal Pay Act does not say that all employees doing the same job have to be paid identically. What it says is that differences in pay cannot be BECAUSE of gender.

Her guess as to why she is paid more is not evidence. The fact that she has been there longer is in itself a legal reason to pay her more. Unless you have a valid and supportable reason to believe that you are paid less BECAUSE you are male, you're out of luck.

[ecmst12]

Maybe she was just a better negotiator when she started, so she started out at a higher level. Maybe she has more education or previous work experience. Maybe the company was in a better financial position when she started so they were able to offer her more. There are plenty of perfectly legal reasons that they could give you for paying her more then you. This is why you shouldn't discuss your salary with your coworkers.

[You Are Guilty]

Arguably, the fact that she's paid more simply because she's "hot" is defensible as well. (Lord knows it wouldn't be the first time someone was hired for their looks and not their abilities.)

[chadngutierrez]

Originally Posted by ecmst12

Maybe she was just a better negotiator when she started, so she started out at a higher level. Maybe she has more education or previous work experience. Maybe the company was in a better financial position when she started so they were able to offer her more. There are plenty of perfectly legal reasons that they could give you for paying her more then you. This is why you shouldn't discuss your salary with your coworkers.

She did start out slightly higher, but not on par whith the discrepancy that now exists. I have the higher education and work experience (as well as more responsibility here).
My boss just said that he agreed I was underpaid, and could offer no reason why...
Now, consider that she is about to quit and he has said that he will try to get my salary to her's once she is gone... but I'm not holding my breath.
If the roles were reversed, would your response be the same?
If there was a history of this occuring in the company, would that change your response?

[cbg]

If the roles were reversed, would your response be the same? Yes.

If there was a history of this occuring in the company, would that change your response? No.

[Zigner]

Originally Posted by chadngutierrez

If the roles were reversed, would your response be the same?

Yep - because the responses are based on the LAW

[chadngutierrez]

Well, thank you all for the time you took to answer these questions. It's a tough pill to swallow (knowing that you're making $20K/year less for the exact same job)... but, I guess that's the cards I've dealt to myself. Live and learn, I suppose.
I guess, now I wonder when these "LAWS" do actually apply... I wonder what would have had to happen to be protected by the "LAW"?

[LeeHarveyBlotto]

Originally Posted by chadngutierrez

I wonder what would have had to happen to be protected by the "LAW"?

Offering proof that you are being illegally disciminated against. Most discrimination is legal.

[chadngutierrez]

Originally Posted by LeeHarveyBlotto

Offering proof that you are being illegally disciminated against. Most discrimination is legal.

How? What would work as proof? The only thing I can come up with is that the only thing that is different about the two of us is gender... yes, she was here a year earlier, but that shouldn't account for $20K... $3,500 was the raise we were both given last year... she got a lunp raise of $15K in her second year, but I did not... this is a high profile position, and it seems clear to me that they want an attractive female in the slot. But how does anyone prove these things?

[Zigner]

Originally Posted by chadngutierrez

How? What would work as proof? The only thing I can come up with is that the only thing that is different about the two of us is gender... yes, she was here a year earlier, but that shouldn't account for $20K... $3,500 was the raise we were both given last year... she got a lunp raise of $15K in her second year, but I did not... this is a high profile position, and it seems clear to me that they want an attractive female in the slot. But how does anyone prove these things?

You are NOT equal. She has been there longer and has better bargaining power.

[chadngutierrez]

Originally Posted by Zigner

You are NOT equal. She has been there longer and has better bargaining power.

OK, well, if she is leaving her position now, then this time next year (she's been here one year longer than me), should I be paid the same amount (not exactly, but closer)?
You are saying that this is senority based. But once she leaves, I will be the senior. And if I stay for a year, I will have been here as long as her.
Zigner, I get the impression that you would never see a case where these laws would apply... what two employees have been at a job the same amount of time? Is "longer" one day, a week, a year?
***I've been here 3 years. In her second year she was given a $15,000 raise. I was given $3,500 in my second year***