Indian Trail, NC asked in Employment Discrimination and Employment Law for North Carolina

Q: Could this be an example of unequal pay?

My male coworker is paid $17k more than me per year. I know because he left his paystub up on his computer screen, when he asked me to help him with something at this desk. We have the same exact job responsibilities. This person only has a couple more years of industry experience than myself and we started at the company at the same time. We have the same level of education. I considered filing a complaint with EEOC, but am unsure of how my coworker's couple extra yrs of industry experience, could hurt my claim.

1 Lawyer Answer
Kirk Angel
Kirk Angel
Answered
  • Employment Law Lawyer
  • Knoxville, TN
  • Licensed in North Carolina

A: Paying a male more than a female may be a violation of Title VII of the Civil Rights Act which prohibits discrimination on the basis of sex and/or the Equal Pay Act which requires employers to pay females the same as males for the same work. However, there are a number of defenses possible under each law. Moreover, the theories under each law are slightly different as are the defenses. Industry experience can be a factor, but not in all circumstances. You would be well served to consult with an experienced employment attorney to fully discuss the facts before making a decision to file with the EEOC.

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