Am I being discriminated against?

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Am I being discriminated against?

I’ve been working as a hostess at a restaurant for a year now. I get paid the hourly minimum wage of $7.25. I asked my manager if I could be given a raise or switched over to be a cashier and he told me he would as soon as he can. However, my manger recently hired 2 more people and put 1 of them as cashier and the other as a hostess. They’re getting paid more than I am even though they just started working and have less than a month working at the restaurant. Is this a type of discrimination or under the Equal Pay Act?

Asked on February 22, 2018 under Employment Labor Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The fact is that absent an employment contract or union agreement to the contrary, your company can set the conditions of the workplace much as it sees fit. This includes what to pay each worker. The fact is that not all employees be treated the same or even fairly so long as the differing treatment is not due to some form of legally actionable discrimination (i.e. that based on gender, disability, nationality, race, religion, age, etc.). Also, as to the Equal Pay Act, that too has to do with a form of discrimination based on paying an employee less due to their gender. And none of this you indicated to be the case.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The fact is that absent an employment contract or union agreement to the contrary, your company can set the conditions of the workplace much as it sees fit. This includes what to pay each worker. The fact is that not all employees be treated the same or even fairly so long as the differing treatment is not due to some form of legally actionable discrimination (i.e. that based on gender, disability, nationality, race, religion, age, etc.). Also, as to the Equal Pay Act, that too has to do with a form of discrimination based on paying an employee less due to their gender. And none of this you indicated to be the case.


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