Legal Question in Employment Law in California

Possible discrimination in wages based on gender at work
I was at my previous job for over 2 years.A manager at the time, a man, made decent money in that position. He left and I was promoted, from $6.75 to initially $7. I was told that after a probationary period I would be considered for a raise, too bad for me that this was happening at XMas time at the mall. I noticed they documented $7.50 in my file and questioned them, I was given the $7.50, eventually making $8.00 before I quit for a better position. The man replaceing me only worked at the company for 6 months and STARTED managing at $8.00. I had no complaints or warnings in my file, I was good at my job (better than my replacement). Under Title VII of the 1964 Civil Rights Act, isn't this illegal? I'm squablling over a small amount of money, but the principle is the same: it's wrong. This same company also holds annual sales at an unmarked warehouse and charges no tax on items and then pays the employees (mostly teenagers) in clothing, or cash: off the books and tax free...it's wrong. Do I have a case?

Asked on 6/14/02, 9:00 pm

3 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

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Re: Possible discrimination in wages based on gender at work

While you may indeed have a case of gender discrimination, if you can prove that the company routinely pays women lower wages than male counterparts in equivalent positions, the low amount of money involved may make it difficult to find an attorney to take the case on a cost efficient basis. The odds of finding an attorney would be better if it were treated as a class action suit on behalf of multiple women who were victimized. You should focus on locating an employment law attorney in your area who has experience in handling class actions suits.

Answered on 6/18/02, 12:36 pm

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Michael Kirschbaum Law Offices of Michael R. Kirschbaum

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Re: Possible discrimination in wages based on gender at work

I forgot to mention that you may also file a discrimination claim with the California Department of Fair Employment and Housing within a year from the time you believe you were shorted a fair rate of pay. They can investigate at no cost to you.

Answered on 6/18/02, 12:42 pm

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