People with same role getting different salary.

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People with same role getting different salary.

Hi,
I got my H1B while in India and then traveled to US. Their is difference in salary between me and the H1B holder my employer hired in US directly in the same role. Is this a workplace discrimination?

The only difference between me and the other H1B holder is I got my H1B in India and then traveled to US and the other person was hired here in US who came to US through a different employer in H1B visa only.

Thanks,

Asked on February 12, 2018 under Employment Labor Law, Illinois

Answers:

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

Answered 3 years ago | Contributor

Under federal law, there can be no discrimination (which includes lower compensation) in the workplace based on several factors, including an employee's nationality. And it appears that this is what might be happening in your situation. At this point, you can either file a claim with your state's department of labor and/or consult directly with an employment law attorney in your area.

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

Answered 3 years ago | Contributor

Under federal law, there can be no discrimination (which includes lower compensation) in the workplace based on several factors, including an employee's nationality. And it appears that this is what might be happening in your situation. At this point, you can either file a claim with your state's department of labor and/or consult directly with an employment law attorney in your area.


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