Boss is discriminating against Native American worker

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Boss is discriminating against Native American worker

Navajo man. Boss is paying his nephew way more
than me. I worked there as long as nephew did when
he got a raise and put on salary. I asked for equal
pay. I work the same hours same days same job
same everything but get paid less. I asked for equal
pay and he tried to fire me. He now takes all my tips
and wont let me keep any of it.

Asked on October 21, 2019 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

This would not be discrimination because the employee who is paid more is the boss's family--his nephew. Not discriminating due to race means not making a decision because of race--it does not mean that all employees must be treated equally. It is very common, understandable, and legal to pay family members more than non-family; there is no evidence that the pay discrepancy is due to race, but rather it's old-fashioned nepotism, which is unfair but accepted and legal. (For example, does anyone really believe that Donald Trump's companies pay Ivanka, Eric, and Donald Jr. millions of dollars because they are the best and most qualified executives he can find--or because they are his children?)


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