If my co-worker has less experience, is younger, female, and makes a great amount more then me, canI suefor discrimination?

UPDATED: Oct 16, 2010

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If my co-worker has less experience, is younger, female, and makes a great amount more then me, canI suefor discrimination?

I had a co-worker that was just hired at $12.00/hour, with no experience in the field and has less overall work experience than me. I have been working for the company for around 8 months; I currently make $7.75/ hour. Is there a doctrine/law/labor law that I can force my employer to give me more money or sue for discrimination> My co-worker is female and 1 year younger than me. We work the same amount of hours and have the same job title, we are equal in the amount of work that we are supposed to do.

Asked on October 16, 2010 under Employment Labor Law, Wisconsin


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It sounds as if you may have reviewed all of the criteria involved in comparing your paygrades.  However, if this person has more education than you do (which you don't mention herein), that may very well be the reason she is getting more money than you are.  For example, your employer may have certain paygrades or certain amount allotted to each employee per hour based on if the person has a college degree or higher.  You may wish to review your accomplishments in the workforce and when it is time for your review (or even sooner) consider asking for a pay raise to that equivalent or more than your co-worker.  Keep in mind that unless you are under contract or a union collective bargaining agreement, you may be risking your employment. 

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