Co-worker w/same title makes a lot more money
I am an Oracle Database Administrator just hired (2 months ago) by a large company in my area. I was hired at 90K/yr. Another DBA was hired on the same day. Although we have the same title, we are "experts" in different areas and we compliment each other's work well. However, my experience is so extensive that I know he does not have a stronger background than me. We are the only two DBAs that the company has at the time. Because we are setting up the company's HR databases, we both have access to the salaries of all employees. I was shocked and angered to find out that this other DBA was hired at 25K more than me. There are apparently no caps on what a DBA can make at this company. I feel this is not only unfair, but unethical, and question the legality. I plan to speak to my boss about this, but realize he's not going to just give me 25K more. It's unlikely I'll be able to stay at this company knowing my equal is making so much more. Is there a course of action I can take to level the playing field?
1 answer | asked Mar 5, 2004 9:06 PM [EST] | applies to Pennsylvania
Answers (1)
Before I answer your question, I must state that I do not represent you, that we have not met, that I have not reviewed any documents or material provided by you, and that there are facts missing from your question that would change my answer depending on their nature.
That being said, I cannot answer your question because critical information is missing. In Pennsylvania, an employer may pay similar employees differently, as long as that difference in pay is not based on the employees' gender, race, religion, national origin, disability, age or other protected characteristic.
Pennsylvania law in this area is based on very similar Federal law. Furthermore, the Federal Equal Pay Act makes it illegal for an employer to pay men and women different wages for the same or substantially similar jobs.
Depending on whether your position and your co-worker's position would be considered the same or substantially similar under the EPA, you may have an Equal Pay Act claim. Furthermore, you may have claims of discrimination under both federal and state law.
There are a number of actions you can take internally to remedy this situation; primarily, you should complain, in writing, through whatever EEO or grievance procedure is available through your employer's policies. However, I would not recommend doing so without consulting an attorney first.
I cannot answer your question any further without more information. If you would like to discuss the matter further, please feel free to contact me at my addresses or number below.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
CEzold@Ezoldlaw.com
posted by Christopher Ezold | Mar 8, 2004 09:02 AM [EST]
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