Facts: Two employees, same title, same department, same team. Employee A just left position. Employee B now needs to assume ALL of Employee A’s job responsibilities. Employee B discoverd through a conversation with Employee A that she was making $22,000 a year more base salary. Employee B is going into 3rd year with firm, employee A left after 8months. Employee A: Ibanking background, top 10 undergrad, female Employee B: Commercial banking background, top 50 undergrad, male is this discrimination? Is there legal recourse?
Just let it go, dude. Work your way up and stop whining. Be glad you have a job, besides that top 10 to 50 is enough to lowball someone.
Employee A has a better background and better education that employee B. No wonder she left, that was discrimination against her.
I don’t think you should do anything, but personally that would piss me off. You have three years of experience at the job so school and commercial banking background should not matter much. You should just do a good job and move to a higher paying position when you can. If she came from IB they probably had to match or at least come close to her previous salary. Recently there is an insane talent pool: a former DoR joined my team as a senior analyst recently. Do you think he/she makes what every other senior analyst makes?
If that’s all the info you have, it’s very weak grounds for a discrimination claim. Even if it is discrimination, I doubt that it’s legally actionable. “Employee B” can complain to management and ask for a raise. Other than that, it’s not a good idea to do anything. If Employee B takes legal action, I would not bet on him having a fruitful career at that company.
it is discrimination of course - a form of price discrimination applied to wages, as economists would say. common practice applied by experienced managers and completely legal in my view
can you explain why you thought this would be discrimination? Yeah she got paid more than you but I don’t see the (illegal) discrimination part- ie gender/religion/ethnicity
a. this does not pretain to me b. http://www.eeoc.gov/facts/qanda.html read the section on: Equal Pay Act The EPA prohibits discrimination on the basis of sex in the payment of wages or benefits, where men and women perform work of similar skill, effort, and responsibility for the same employer under similar working conditions. The EPA, Section 206(d)(1), prohibits “employer[s] … [from] discriminat[ing] … on the basis of sex by paying wages to employees […] at a rate less than the rate [paid] to employees of the opposite sex […] for equal work on jobs [requiring] equal skill, effort, and responsibility, and which are performed under similar working conditions[.]” To establish a prima facie case under the EPA, an employee must show that: 1.different wages are paid to employees of the opposite sex; 2.the employees perform substantially equal work on jobs requiring equal skill, effort and responsibility; and 3.the jobs are performed under similar working conditions.[5] The EPA provides that the employer may not pay lower wages to employees of one gender than it pays to employees of the other gender employees within the same establishment for equal work at jobs that require equal skill, effort and responsibility, and that are performed under similar working conditions. same position, same responsibilities, not discrimination???
CPAbeatsCFA Wrote: ------------------------------------------------------- > Facts: > > Two employees, same title, same department, same > team. > > Employee A just left position. Employee B now > needs to assume ALL of Employee A’s job > responsibilities. Employee B discoverd through a > conversation with Employee A that she was making > $22,000 a year more base salary. Employee B is > going into 3rd year with firm, employee A left > after 8months. > > Employee A: Ibanking background, top 10 undergrad, > female > Employee B: Commercial banking background, top 50 > undergrad, male > > is this discrimination? > > Is there legal recourse? In France, this is the norm. Employee B performs the exact same duty and has the exact same experience as employee A, yet she earns xxxx less because they went to different schools. It’s called a salary grid ^^
phils23 Wrote: ------------------------------------------------------- > CPAbeatsCFA Wrote: > -------------------------------------------------- > ----- > > Facts: > > > > Two employees, same title, same department, > same > > team. > > > > Employee A just left position. Employee B now > > needs to assume ALL of Employee A’s job > > responsibilities. Employee B discoverd through > a > > conversation with Employee A that she was > making > > $22,000 a year more base salary. Employee B > is > > going into 3rd year with firm, employee A left > > after 8months. > > > > Employee A: Ibanking background, top 10 > undergrad, > > female > > Employee B: Commercial banking background, top > 50 > > undergrad, male > > > > is this discrimination? > > > > Is there legal recourse? > > In France, this is the norm. Employee B performs > the exact same duty and has the exact same > experience as employee A, yet she earns xxxx less > because they went to different schools. It’s > called a salary grid ^^ this is not France, it is the United States. There are laws in place to protect workers from such instances of discrimination, its called the equal pay act which clearly seems to be violated here
I don’t think one instance constitutes discrimination. To be entitled to relief under the Act, I believe you have to show a pattern of abuse. It’s quite possible the former employee had more negotiating leverage when she was hired. It happens. Now your task is to negotiate better terms for yourself.
CPAbeatsCFA Wrote: ------------------------------------------------------- > > 1.different wages are paid to employees of the > opposite sex; > You can’t prove that this is the basis of the discrimination. The higher paid employee, besides being female, has better education and more desirable work experience. In the real world, that generally results in higher compensation.
Discrimination, no. Negotiation, yes. Read the post by Robert A: Nail. Hit. On. Head. It happens everywhere that two people with the same qualifications and experience are paid differently. The qualifications are not even the same! Person A has superior qualifications AND experience. Person B should stop wasting time whining about reverse sex discrimination case (is person B mad by the way? it isn’t men that get discriminated against for fairly obvious reasons). Person B sounds like they feel they are entitled to something. That attitude probably holds person B back. Person B now has a case if they are taking on the responsibilities - they should use that knowldege to their advantage to receive compensation for that.
Maybe you should whip out your wiener on the table while holding your diploma and start shouting “discrimination” to your boss. I think they will get the picture and rectify the situation.
I find it disheartening that no one has considered that maybe employee A was better at the job. Employee B would never think this of course. I am always amazed at peoples inability to judge themselves against their peers. I manage a team of eight. They all do the same job. Two are above average, four are average, and two are below average. The two that are above average make more than the four that are average and even more than the two that are below average. I’m leaving the country if this is ever considered illegal.
Someone who has been in a company for 3 years will almost always make less than a relatively recent hire for the same position, all else equal, unless the longer term employee has played the “I have an offer from another firm” card and received a market adjustment in their compensation.
murders&executions Wrote: ------------------------------------------------------- > I find it disheartening that no one has considered > that maybe employee A was better at the job. > Actually, it was the first thing I thought of, but I didn’t want to offend Employee B.
Come on, everyone reading this is thinking. Employee A > Employee B Apart from Employee B of course…
Pics of employee A please!
scott baio can have the same title and responsibilities as jennifer aniston but he won’t get her paycheck. there are a long list of perfectly legal reasons her pay > the dudes so he would really have demonstrate some reasonable proof of it being based on gender. IE a lawyer could likely pull the compensation of ALL the employees and see if there is a pattern of womens being paid more for the same positions. You think thats the case? I think what happened here is exactly what all have noted. -better pedigree -better negotiation -recent hire vs the dude whose been there a while w/ a few COL increases -possibly hired during boom vs more competitive climate - better in general …furthermore are there more details you might be missing- may this lady have negotiated a higher base in lieu of salary (happens), may she have been working for a direct competitor (ie hiring had dual purpose), may she have brought a book of business? There are trainloads of if’s here and jumping on a discrimination path seems a bit dramatic. oh… one more. How do you know she didn’t straight up lie. Did he see any proof, chech stub or what not- could be puffery on her part.