Visitor Question

Is this a valid sex discrimination case?

Submitted By: E (Minneapolis, MN, USA)

My boss has several sex discrimination charges sitting in his inbox from the last 10 years, that he has done nothing about. Recently, I was offered a raise, but my male counterpart, who started on the same day, will still be making 12% more than me. Before my raise it was 30% more than me.

This is a man I have since had to take a hand in training, because he cannot pick up the product details and how to work the phone as quickly as me.

When I voiced my concern to my boss, he remarked that I was welcome to walk out the door, but I would not be paid as much as my coworker. My boss stated this was because he “wasn’t planning on hiring more than one person” and “it will only lead to you asking for more raises in the future.”

I am incredibly demoralized and unhappy with my boss, and I feel as though I need to do something. Do I have a discrimination case? What about the other women who have filed against him and seen no result? What can I do? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear E,

The Federal Equal Pay Act (EPA) passed in 1963 (29 USC Section 206) requires employers to pay men and woman the same pay rate for equal job duties. All workers are covered by the Equal Pay Act, whether at the local, county, state, or federal level.

To file a viable discrimination claim, you will need to have the following proof:

-You and the fellow male worker are of the opposite sex

-You are both working for the same company

-You are both doing the same work

-Although you are doing the same work you are receiving unequal pay

If you believe you have proof of gender based pay discrimination, file a complaint with the U.S. Equal Employment Opportunity Commission. To access information about filing a complaint, go to the EEOC’s website.

You can also file a federal lawsuit against your employer. Your lawsuit must be filed within two (2) years of the date your employer violated the EPA. Unless you are an attorney admitted to practice in federal court, you will need to hire an experienced attorney to file a lawsuit.

There is a two (2) year statute of limitations, or time period within which you must file your lawsuit. That time limit begins on the day you discovered, or should have discovered the inequity in pay.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 21, 2014

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