Legal Question in Employment Law in California
Equal Pay Act 1963
I am a female supervisor in a small company, a male employee was promoted to supervisor 9 months ago, I was his supervisor 1 year before his promotion. His hourly salary is more than mine, I was not given a raise to match what he makes but he was given a raise with his promotion. Is this legal according to the Equal Pay Act of 1963.
2 Answers from Attorneys
Re: Equal Pay Act 1963
Your situation certainly raises some questions for the employer to answer. In the legal community, we call it a "prima facie" case. This requires the employer to provide a reasonable explanation as to why the male employee received preferential treatment.
If, as is inevitable, they do so, for example, if they say they made their decision because the male employee has more experience or education, you would have to prove that their explanation is a pretext for their discriminatory motive.
If you think you can do this, you should meet with an experienced employment law attorney to review the facts of your case and discuss your options.
Re: Equal Pay Act 1963
Assuming the company explains the pay difference with reasons valid on their face, you have to be able to prove 'pretext' to have a case. If you believe it is really discrimination, then feel free to contact me to discuss your facts and evidence.
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