job title and pay

Is it legal for an employer to pay a long term employee with a good employment record 20-30 percent less than others with the same job title, responsibilities, and equivalent time in the same type of salaried position?

1 answer  |  asked May 14, 2001 6:26 PM [EST]  |  applies to New York

Answers (1)

Steven V. Modica
Job Title & Pay

If you work for a private company in New York, and do not have an employment contract, you are considered to be an "employee-at-will". This means that you can be paid differently for any reason, no reason, good reason or bad reason. There are, however, some exceptions to this rule.

It is illegal to pay someone less if that decision is motivated by the employee's race, religion, sex, national origin, age, disability or marital status. Thus, the key issue is the employer's motive for paying less. Unless you can show the motivation was one of the reasons I mentioned, it may be difficult to prevail.

If you believe that you have been paid less because of one of these protected classifications, contact the US Equal Employment Opportunity Commission at 1-800-669-4000. You must file a charge of discrimination within 300 days from the date of the alleged discriminatory act that you want to challenge.

Good luck.

posted by Steven V. Modica  |  May 14, 2001 8:46 PM [EST]

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