Legal Question in Employment Law in District of Columbia
Embassy: Same duties, different pay conditions
As a US National I work for a foreign embassy based in DC. Our employer has stated that they intend to vary our contractual employment terms (which include cost of living pay increases based on a US marker employer) becuase they can no longer afford this linkage. Our employee manual appears to allow this change or indeed any other. However - at the same time as varying this condition, the employer is making cost of living awards to employees from their home nation, including COL costs based on US inflation. They are clearly treating groups of employees with the same duties quite differnetly. Is this open to a legal challenge in any way?
2 Answers from Attorneys
Re: Embassy: Same duties, different pay conditions
The District of Columbia is an employment at will jurisdiction where employers are free to do pretty much what they wish with respect to their employees (with legal impunity) as long as no federal anti-discrimination laws are violated and
local wage and hour regulations are adhered to.
I would doubt that the pay variance which you've described would be any basis for a cause of action against the embassy employer who, in any case, might well have the defense of sovereign immunity from such suits.
Re: Embassy: Same duties, different pay conditions
On its face, it sounds like national origin discrimination which is illegal under Title VII (of the Civil Rights Act of 1964), the federal law which bans discrimination.
However, I do not know if foreign embassies are subject to American law, or if there is any diplomatic immunity which comes into play here, allowing a foreign embassy to act with impunity.
You might raise the issue with a senior person at the embassy (diplomatically, no pun intended), to point out that there seems to be a discriminatory policy regarding COL pay.
You can also call the EEOC field office in DC to ask whether they think there is a violation here. The number is 202.275.7377.
Last, perhaps the State Dept. can offer some helpful advice regarding the application of US law to foreign embassies.
Best of luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
6932 Mayfair Road
Laurel, MD 20707
301.604.2497
fax: 301.776.3954
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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