Same college education,job title, government job

[Unregistered]

NC State employee with same job title, responsibility and department .I have over 12 years of service time more, but my white co-worker was paid 40% more for over 5 year span boss said it was just overlooked and did not adjust my salary rate even though the policy states the pay rate should not be paid more than 10% difference for same job tile. Studies have been completed on the NC State Department that showed minority was promoted less with less pay no matter their education.

 

[cbg]

Thank you for sharing your story.

You have not asked a question and I generally make a point of not trying to guess what a poster wants. However, I will make a general comment that any employee who believes they have been illegally discriminated against, always has the option of filing a complaint with the EEOC.

 

[jamelfrazier]

EPA cover wages betwween men

Thank you for sharing your story.

You have not asked a question and I generally make a point of not trying to guess what a poster wants. However, I will make a general comment that any employee who believes they have been illegally discriminated against, always has the option of filing a complaint with the EEOC.

Does the EPA cover wages difference between men?

 

[disagreeable]

What you have made clear is that you were hired 12 years ago and your salary and raises have been based on that hire point. Co-worker was hired 5 years ago and their salary and raises are based on the market they were hired in. Nothing illegal about that. I suggest you take you 12 years experience and move to a job that pays more, commensurate with your experience.

 

[jamelfrazier]

I was promoted into this job 2 months after the co-worker with 12 years experience in the same company my pay was set to the min and his was set to the max. The policy states it can not be more than a 10% difference regardless of the fact!

 

[disagreeable]

I am simply giving you the legal reality. If you have a contract stating different, file a grievance.

 

[Betty3]

The EPA (that you noted above) requires employers to give men & women equal pay for equal work. However, it seems you are saying you are being paid less due to your race. That is also illegal. You can't be discriminated against due to your race. If you believe you are, file a complaint with the EEOC as cbg suggested above.

Are you in a union? If so, file a complaint with your union rep re the 10% policy not being followed.

 

[DAWW]

Agreed with the other answers. The key is WHY you are being paid differently. You can claim that the reason is racially motivated, meaning a Title VII violation, but claiming does not necessarily make it so. The employer is allowed to present a different story, and the judge/ALJ can always like their story better.

I always like flipping the question and see if that changes the answer. Lets say we are on the employer side of things. While we would not necessarily lose a Title VII (EEOC) claim with the facts as presented, we really would like to have a well supported (legal) reason why there is disparate treatment of these two employees. We really would like to have all supporting documentation generated at the time of the decision(s) and have the documentation support a legal reason for the decision(s). A good HR department will review line manager's job actions affecting their employees to ensure that said job actions are supportable should push come to shove. Hopefully prior to implementing the job actions.

There are many legal reasons for disparate treatment, although failure to document the job actions as they occur can greatly weaken possible defense later. Neither the employee or employer are deemed to have their stories inherently more believable then the other party. It is generally not what you claim, but rather what you can support.