Is my company allowed to pay different rates for the same job description?

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Is my company allowed to pay different rates for the same job description?

I overheard a conversation that made me believe I was being paid unequally to my male peers. I requested a review of pay, with HR stating that my pay was competitive for my area. I was upset with the response and left it alone for a time. I found out last week that a new grad is making $32 an hour vs my $21 an hour with the only difference being my location. Per company our area is in a PTA shortage. I have been denied time off because they would not coverage. I waited to see I they would get PRN coverage for my first request

but they did not. I resigned my position and within a few day a coworker at my location was give 2 days that I had asked off. I made my complaint to HR and have been called in to discuss this allegations and do my exit interview which the company usually does by phone. What should I do?

Asked on April 10, 2017 under Employment Labor Law, Alabama

Answers:

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

Answered 4 years ago | Contributor

If you believe (and can demonstrate) that the difference in your pay is due exclusively to your being female, then you would have a claim. Otherwise, you do not. The fact is that not all employees need be treated the same or even fairly, absent some form of legally actionable discrimination (i.e. due to your gender, disability, race, religion, age, etc.). Without an empoyment contract or union agreement guaranteeing equal pay for the same job but at different locations, your employer can set the conditions of employment much as it sees fit. 


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