Complete Labor Law Poster for $24.95
from, includes
State, Federal, & OSHA posting requirements


No announcement yet.

Not sure

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • Not sure

    Hello. From California.

    I’m not sure about this situation. I have a co-worker that is female Native American. Only Native American woman working for the company. With not too much details, and there are details. There were two males just hired at the same title (shift manager) at a higher wage (hourly) she has about two years in the company. There was no reason given. And it does seem like they were trying to hide this fact. Is there any possible discrimination here?

  • #2
    Maybe yes. Maybe no. It depends on why the difference. Example. Lets say I have 5 Accounts Payable clerks, all doing pretty much the same job. If 4 of them are long term employees and 1 a new hire, I would expect the new hire to be paid less, maybe a lot less, because it is a bad economy with a lot of people looking for jobs, any jobs. Bad economies tend to bid down the price of labor. Alternatively if this was a good economy there is a decent chance that the new hire is better paid then the longer term employees because qualified labor would be very scarce and expensive.

    We are in a down economy now, so I would expect new hires to be paid less then existing employees. You seem to be saying that this is not true, that you are paying your new hires more money then your existing employee who is doing the same job. And that by the way, the existing employee is a female Native American and the two males are presumably not Native American. This is not illegal on it's face but it does raise questions.

    Do you have a good business reason you could share with a judge if needed for this situation?
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      This would not be illegal unless she is being paid less just because she is a female
      Native American.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


      • #4
        Is there any possible discrimination here? Anything is possible but just because the two new hires happen to be male and aren't Native American isn't proof that discrimination occurred.


        • #5
          There are tons of reasons why employees with the same title might be making different amounts. Education, number of years of overall experience, specialized skills, different hiring managers, different location, different shift, different duties, labor market for the job at the time hired, negotiating skills of the candidate, strength of recommendations, nepotism, and salary history are all legal reasons to pay employees differently. Sure discrimination could be the reason but it certainly isn't the most likely.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


          The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.