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Archives for June 2017

Big Win For Equal Pay

Jon Allison

Jon Allison’s Monday Blog

Last week I blogged about how the use of salary at a prior job to set starting salary at a new job often held down compensation for women throughout their careers.  This blog is about an individual win for equal pay that should result in fair pay for the remainder of the career of one woman, Joanna Smith.

Smith held a degree in civil engineering and over 5 years of experience when she was hired into an Engineer III position with Prince George’s County in Maryland.  Smith attempted to negotiate a salary she believed was consistent with her education and experience, but the county refused.  Then just two weeks later it hired a male for another Engineer III position and paid him the higher salary he requested even though Smith and the male employee would be performing the same work.  The county was also paying a male in a lower position, Engineer II, more than Smith despite him having less experience and performing less complex duties.

Smith and the EEOC filed suit in 2015.  In March of this year the district court ruled that the county was, in fact, paying lower wages to Smith than to her male colleagues performing equal work in violation of the Equal Pay Act.  The county has now agreed to pay approximately $145,000 in back wages and other damages.  More importantly it agreed to raise Smith’s salary by $24,723 annually which will put her on equal footing with her male counterparts going forward.  The county also agreed to hire a consultant to assist it in making sure its compensation policies and salary determinations are compliant with the Equal Pay Act.

Prince George’s To Pay $145,402 And Increase Female Engineer’s Salary To Settle EEOC Pay Bias Suit

EEOC Sues Prince George’s County for Pay Discrimination


The Use Of Salary History To Pay A Woman Less

Jon Allison

Jon Allison’s Monday blog

In 2016, California and Massachusetts became the first two states to enact legislation preventing employers from asking job applicants about their salary history.  25 states and the District of Columbia are considering enacting similar legislation.  The reason is that employers’ use of salary history in determining what to pay an employee has resulted in women being paid less than men on a widespread basis.

Last week NPR ran a story on this issue highlighting the experience of Aileen Rizo.  Rizo, after four years of employment with Fresno County, California as a math teaching consultant, learned that a newly hired male employee with less experience and less education had been hired in at about 20 percent more than she was being paid.  When she complained to Human Resources, she was told that her salary was based on previous pay at another job and that her salary would remain as is even though she was doing a good job, had more tenure with the employer, had more experience and had more education.

Rizo filed suit back in 2012 asserting a violation of the Equal Pay Act.  She won at the district court level but the Ninth Circuit Court of Appeals reversed the decision.  In the years after she filed suit, cities and states began looking into passing laws to prevent asking about salary history.  The ruling by the Ninth Circuit shows the need for such legislation.

Proposals Aim To Combat Discrimination Based On Salary History : NPR

Illegal in Massachusetts: Asking Your Salary in a Job Interview – The …