Legal Question in Employment Law in Maryland

equal pay for women

Can my employer hire a male engineer at a higher paygrade, who appears to have equal to or less experience than I do? I graduated in 1994 with my engineering degree. The male engineer graduated in 1995 with his engineering degree. We both came to work for company ''A'' straight out of our undergraduate degrees. We both left company ''A'' after a few years and worked for different companys. We both went back to company ''A'' after a few years. We both work for the same manager. The male engineer was rehired at a paygrade one level higher than me. His is called a Principal Engineer (paygrade ''X'') and I am called a Senior Staff Engineer (paygrade ''W''). The descriptions of his paygrade ''X'' and my paygrade ''W'' are slightly different, his requiring additional duties or skills. I maintain that he does not have greater skills than I do and that he wasn't qualified to be hired at paygrade ''X''. He was highered at paygrade ''X'' because he is a male engineer and a good friend of my manager. If he is qualified to be a Principal Engeneer, so am I.


Asked on 10/26/03, 12:08 pm

1 Answer from Attorneys
Jeffrey Sheldon

Re: equal pay for women

The answer is yes, because there are other factors involved besides qualifications. For example, it may be that the market is tight and the employer has to pay more to get a particular employee at a particualr time. Or, the employer may be willling to pay more to keep an employee from going to a competitor. There are numerous reasons why one employee is paid more than another.

However, if you believe there is no rationale for the pay discrepancy, you should discuss the matter with a trusted official at the company. Perhaps an HR person, or a VP, or someone in a position to fairly review the matter.

If you take this approach, do it in a calm and diplomatic way. Simply state your concern and the facts as you know them (don't speculate or accuse or threaten), and ask that the matter be reviewed to ensure that the equal pay laws are being followed.

If you don't make any progress, you can call the EEOC for advice, and possibly file a complaint.

Bear in mind that the employer may not take kindly to your concerns, even if you are 100% right. That is why it is crucial to approach this in a reasonable manner.

If you feel the need to enlist a lawyer, please feel free to call for a complimentary consultation.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

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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Answered on 10/26/03, 11:58 pm


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