Is it discrimination if female stockers are not required to do the same amount of work as male stockers?

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Is it discrimination if female stockers are not required to do the same amount of work as male stockers?

I work at a national big box store and the female workers get paid the same as males but are not expected to do the same quantity and quality of work. Is this a legitimate act of discrimination and worthy of a lawsuit? Over the years I have gotten hurt and lost wages from doing the work the women are not required to do. Am I entitled to monetary compensation?

Asked on March 12, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This may well be illegal gender-based discrimination. If the women are in the same job as men (e.g. you are all stockers; it's not as if you're a stocker and they are cashiers), then you should be doing  the same work, for the same pay, under the same conditions. If you are dong more work then female employees with the same job, who are being paid the same, on its face, that is discrimination. Since the specific facts of a situation like this are critical, you should meet with an employment law attorney to review the factual situation in detail. Good luck.

 


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