Should/could legal action be considered if I am a female making less than half the salary pay of the previous male employee who held this position before me?
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Should/could legal action be considered if I am a female making less than half the salary pay of the previous male employee who held this position before me?
Asked on November 15, 2012 under Employment Labor Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
There is not enough information in your question to definitely answer it. While a company may not pay a woman less because she is a woman, it may pay her less for any of a number of non-gender-based reasons. So, for example, it would be legitimate to have paid your male predecessor more if--
a) He had degrees or credentials (like an MBA) that you lack;
b) He was more senior than you--for example, he had more years of service than you do;
c) He had experience you lacked--for example, he had held a similar position at other companies previously, when you had not.
d) He had been moved into that position from a more senior one, so they "grandfathered in" his higher pay.
Other reasons which would legitimately support higher pay can be readily imagined.
On the other hand, if there is no legitimate, non-gender reason for him to be paid more, then you may have a claim for illegal gender-based discrimination; in that event, you should contact your state's equal/civil rights agency and/or speak with an employment law attorney.
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