PDA

View Full Version : Is this an example of discrimination?? Massachusetts


Manager in Mass
08-22-2006, 02:16 PM
I am a department manager for an international manufacturing firm in MA. Earlier this year, my clerk passed away and we have had a string of replacements since that have not worked out. Recently the company has hired a man of the same age as I am, with a degree (I think only a 2 year, and I have no formal degree, though I was only 7 classes away from a BS when I had to drop out of school), but with no specific work experience, only general. He has been classed in writing as my assistant and he (I am almost certain) is making more money than I am. What are my options here??

Pattymd
08-23-2006, 04:07 AM
First of all, you only suspect that he is making more money than you; you don't know that. Secondly, he does have a degree (of some sort) and you don't. Unless you have some type of evidence that 1) he is making a higher salary and 2) the reason for it is because you are female, I don't see any case here.

cbg
08-23-2006, 09:15 AM
Based on what you have posted no, this is not an example of illegal discrimination.

Even if he is making more money than you, which you do not know for sure, there is a legitimate non-discriminatory reason for it; i.e. the fact that he has a degree and you don't.

mitousmom
08-23-2006, 10:06 AM
What kind of clerk are you talking about? Is a bachelor's or associate's degree a requirement or preference for holding the clerk's position? Does your employer's wage policy indicate that pay is based on educational attainment? Unless, some of those apply, I'm not sure that his having a degree is that relevant.

However, on what basis do you think you have been discriminated? The federal EEO statutes prohibit discrimination based on race, color, sex, religion, national origin, age and disability.

You should discuss your pay concerns with your employer. You may be wrong about the pay of your assistant. Or your employer may have had to increase the pay for the job to get a replacement that your employer felt would be successful and remain in the job.

Is this pay you think this individual is receiving out of line with that of the deceased clerk and those of the interim replacements?

rjc
08-23-2006, 11:15 AM
Massachusetts law provides more protected classes than the federal statute.

http://www.mass.gov/legis/laws/mgl/151b-4.htm

But my sentiment is the same as the others unless you can provide some reasoning why you are allegedly being treated differently on the basis of any or all of the classes provided by statute.

cbg
08-23-2006, 11:25 AM
Many states provide more protections than Federal. But educational status is not one of them in any state.

* Find more information on Equal Employment Opportunity-Discrimination.
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements