What makes for job discrimination regarding an increase in wages?

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What makes for job discrimination regarding an increase in wages?

I left my job because of pay; the company wasn’t willing to pay what I requested. After realizing they couldn’t find a replacement for what I left for, they posted my job at double my old rate of pay. Someone at my old job who works in legal said they believe it is discrimination. Is that accurate?

Asked on December 5, 2011 under Employment Labor Law, Maine

Answers:

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

Answered 10 years ago | Contributor

First of all employment discrimination would occur if you have been given less favorable treatment due to your status in a legally protected class; that would be illegal. There can be no discrimination based on such factors as: race, religion, gender, age, disability, sexual orientation, national origin. Otherwise however, in general discrimination in the workplace does not violate the law.

Additionally an employer has a great deal of discretion in setting the terms and conditions of the workplace; this includes the termination and re-hire of an employee and the wage any replacement employee is paid. The only exceptions would be if there is an employment contract, union agreement or company policy to the contrary.


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