Legal Question in Employment Law in California

Salary Discrimination

I found out that I was paid less than the person that had the job before me and she was a different race? Do I have a claim? Will mediation resolve this problem or should I sue?


Asked on 1/24/02, 10:45 pm

1 Answer from Attorneys

Lee Burdick Ferris & Britton

Re: Salary Discrimination

If the fact that a prior employee of a different race received more pay for the same job you are doing is the only evidence of discrimination you have, then no you do not have a proveable claim.

There are many legitimate business reasons why one employee may receive more money for a particular job than another employee might receive for the same job (e.g., seniority with company; hired during a tight employment market, thus was able to demand a higher salary, etc). A legitimate business reason for the difference will overcome any claim of racial discrimination unless you can prove with evidence that the alleged business reason is really a pretext for a discriminatory purpose. From your description, it does not sound like you have any evidence to prove that the differential treatment is based on a discriminatory intent.

Good luck.

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Answered on 2/05/02, 12:28 pm


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