Pay rate difference between male and female employees
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Pay rate difference between male and female employees
It has come to my attention that I make a significantly less hourly rate then my male co-workers. They do have more experience and are licensed. However, we do the same and comparable work daily. Is it gender discrimination? Do I have a right to a pay raise, obviously not the same as them because they are licensed but closer in pay?
Asked on June 26, 2019 under Employment Labor Law, Massachusetts
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If the sole reason for the pay differential is due to your being female, then you have a claim for discrimination. There can be no lesser treatment based on a person's gender. That having been said, if there is another reason for the wage difference than you have no claim. The fact is that the men in question are, by your own addmission, more experienced and they are also licensed. Acordingly, your employer is withing it's right to pay them more even if they are doinf the same work. That is unless doing so violates the terms of an employment contract or union agreement; otherwise your company can set the conditions of the workplace much as it sees fit.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If the sole reason for the pay differential is due to your being female, then you have a claim for discrimination. There can be no lesser treatment based on a person's gender. That having been said, if there is another reason for the wage difference than you have no claim. The fact is that the men in question are, by your own addmission, more experienced and they are also licensed. Acordingly, your employer is withing it's right to pay them more even if they are doinf the same work. That is unless doing so violates the terms of an employment contract or union agreement; otherwise your company can set the conditions of the workplace much as it sees fit.
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