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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption