Can your employer cut two managers pay and not the other two? The reason I ask is there was no valid reason given. Nothing either of us did wrong. He cut the two woman’s pay and not the men while our workload is larger also

Get Legal Help Today

 Secured with SHA-256 Encryption

Can your employer cut two managers pay and not the other two? The reason I ask is there was no valid reason given. Nothing either of us did wrong. He cut the two woman’s pay and not the men while our workload is larger also

Not only is he cutting our pay but we are
expected to continue the work load. He also
makes both women submit our schedules to
him but the men aren’t required too. Isn’t this
discrimination?

Asked on August 25, 2017 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

For the moment, ignore the genders: if gender was not an issue, then the employer could do this--there is no law requiring consistent or fair treatment of employees, and some can be paid less while being worked harder or longer than others. So at base, this is legal.
However, gender IS an issue here, based on what you write. The law is very clear that an employer may not treat employees differently based on sex or gender. If the women had their pay cut and have to work harder, and also bear up under more restrictions than the me (e.g. submitting their schedules), that is very likely illegal discrimination.
The women should file a complaint with the federal Equal Employment Opportunity Commission or EEOC for sex-based employment discrimination: the EEOC enforces the anti-discrimination laws in employment. The employer can try to prove that there is a non-sex-based reason for this, and if it can prove that, it will not be liable: it is not discrimination if the reason the women were treated differently or worse has nothing to do with their sex. So if the employer can show the men have relevant credentials, education, or experience the women lacked, or the women have more customer complaints, or some other objective, non-sex-based difference, then they can do this. But if there is no legitimate reason for the differential treatment other than sex, this would appear to be illegal and the women may be entitled to compensation and/or an order that this disparate treatment stop.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption