Legal Question in Discrimination Law in Alabama
Job title
Can a company hire someone in your office and give them a job title but they are doing the work of another job title and getting paid for the first one. They are doing the same work i do and their pay is 15,000.00 more per year than mine is. I have job description copies and copies of the work being done to prove they are not doing the job the title fits.
1 Answer from Attorneys
Re: Job title
Proving unlawful discrimination (race, sex, religion, etc.) because of pay is always difficult. The burden of proof is on you. You state that your duties are the same but I can assure you that they will deny it once you make the claim and have a detailed job description that differs from yours - despite the fact that in practice he does the same job. The key here is getting indisputable evidence of the employee's actual job performance - a signed statement from him (doubtful!), a key document that admits his job duties (look at emails), tape recording a statement from him admitting what his actual job duties are in particular (don't get caught!), or some other kind of irrefutable evidence. Once you complain, they will circle the wagons and try to create a paper trail justifying the difference in salaries. Make sure that once they start doing so, you can prove contradictions, out and out lies, or other things to prove them wrong.
Send me an email if you have further questions. These are not easy cases, but sometimes you can hammer employers who pull this stuff.
Sterling L. DeRamus
Attorney at Law
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