Legal Question in Employment Law in New York

Can this evidence be admissible?

I work at a company, who is paying women alot less over 30K+ than men in the same technical field. I am in the HR department and one day needed to update a database so gave the pay database to a person in the technical field. There this person saw there was huge pay disparities after testing the application. Now they are suing the company. Can they submit this as evidence? I would hate to have gotten the company get in trouble because of me. Will I be liable as well?

Thank you very very much!


Asked on 5/13/03, 7:57 am

1 Answer from Attorneys
Steven Modica Modica & Associates

Re: Can this evidence be admissible?

As a general rule, such data IS admissible. The real fight will be about the "conclusions" that should be drawn from the data. For example, is the disparity in pay for any legitimate non-discriminatory purpose?

Under federal law (which has the strongest remedies), there is NO individual liability. Stated another way, the only proper defendant in an employment discrimination case under federal law is the EMPLOYER, not any individual.

Under New York law, an individual can be held responsible if he or she "aids or abets" unlawful discrimination. If you were NOT responsible for deciding the salary levels, but were just the "keeper of the data," you should be OK.

In most cases, if you are sued individually, your employer would pay for your defense.

Good luck.

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Answered on 5/13/03, 8:34 am


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