If multiple people hold the same job title and responsibilities, is it legal for a company to pay them different salaries?

Anonymous

July 26,2022 at 12:44AM UTC

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If multiple people hold the same job title and responsibilities, is it legal for a company to pay them different salaries? I understand that sometimes experience varies, but if experience and all else is equal, does an employee have leverage against an employer that is paying them unfairly? The employee is aware that others are making more - and has spoken up about the discrepancy. HR has asked that employee to outline their responsibilities (which actually include a few additional responsibilities than the others due to a difference in departmental infrastructure) and still is unwilling to budge. The employee is only asking for the same salary, nothing more. The discrepancy is small (only about 3k) but out of principle, seems like a totally reasonable request. Thoughts?

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Arlene Frances Gottardo (Bryak)July 26,2022 at 1:02AM UTC
If it’s a private Co., they prob. can
Robin LampertJuly 26,2022 at 2:27AM UTC
What's legal will depend on which jurisdictions you and the company are in. In the U.S., there is often a very wide range of salaries even for people with the same job title, location, responsibilities, and even performance reviews.
AnonymousJuly 26,2022 at 2:36AM UTC
An employer may pay any amount it deems necessary. The employer has discretion over how it pays its workforce.
It is not illegal to value one set of skills over another.
Discrimination is illegal in the United States. Value if skills is not.
The government cannot come into a company and dictate what individual employees should be paid.
The government can determine, though a court of law, if Discrimination has taken place.
Discrimination is very difficult, but not impossible, to prove.
AnonymousJuly 26,2022 at 4:15AM UTC
While you may have the same experience and skills, companies will often put employees with advanced degrees in a different band thus allotting them a higher salary. Disparity in pay is only illegal if the disparity is based on race, disability or some other protected group.
AnonymousJuly 26,2022 at 4:16PM UTC
Here's a quote from a job posting for a particular job title and set of responsibilities:
"In Colorado, Connecticut, Nevada and New York City the standard base pay range for this role is $96,300.00 - $153,800.00 Annually. This base pay range is specific to Colorado, Connecticut, Nevada and New York City and may not be applicable to other locations."
As you can see, the people taking this position may have a wide range of "standard base pay".
Joan Williams, Senior Talent Acquisition SpecialistJuly 27,2022 at 1:54AM UTC
It depends on why - or sometimes where - they're being paid different amounts. Did one person negotiate a better salary for themselves when they took the job? Not illegal.
Being paid different amounts based on gender? Illegal
"No, for decades now, the California Equal Pay Act has prohibited an employer from paying its employees less than employees of the opposite sex for equal work."
CharityJuly 28,2022 at 12:33PM UTC
I think it could depend on several factors. I know in the State I live in there can be several of us in the same title doing the same job but someone coming in off the streets can negotiate more money than the person who has been doing this job for 10 years (trust me I am living this). It also depends on if the jobs are unionized or non-unionized. Is it a state job versus a private sector job? Did you start at the same time? Is it discrimination against a protected group? Do you both have the same degrees? Or does one have more education? It could be any reason why someone is making more.
I don't think its uncommon to find people in the same title and responsibilities to be making more than another person with the same. There are many factors to consider. Good luck to you.
AnonymousJuly 28,2022 at 12:56PM UTC
Yes, it is legal to pay them different salaries unless it's a union job. If the company refuses to do a true-up, the best leverage the employee has is to get a better offer elsewhere and resign. The company may or may not make a counter offer, and then it's up to the employee to decide if they want to stay or still leave. HR will normally not do anything as far as salary adjustments go unless the employee has been labeled as a flight risk and would be difficult to replace.
AnonymousJuly 28,2022 at 1:09PM UTC
Not illegal unless for the obvious reason you are possibly already aware of.
at a previous job , I started at the same time as another employee, same job title same job description and responsibilities. I was a transfer from the company they had a partnership with and she was new. I was told I was coming in at the top of the pay grade for the position.
I was accidentally given her offer letter and noticed she was starting at $6k more than I was. I found out she had no degree and I have one. She had no experience and I had 14 years. She came in as the best friend of two employees and I knew no one. HR would not budge on my pay so I left.
It has always left me thinking how this is wrong. You have three potential employees and can only hire 2. There is a male and a female both with no degree or experience. And a female with a degree and significant experience. Hire the female with experience and the male and pay them the same or pay the male less based on his lack of experience and no degree. But legally the company cannot pay him more. Hire both females and pay the one with no degree and no experience more money and that’s perfectly ok. I personally could care less about a degree unless you are in certain fields. To me it’s the experience. I don’t feel anyone should come in with less experience and make the same or more than a person with experience.
Crystal HowellJuly 28,2022 at 5:58PM UTC
True, unfortunately, It's all in who you know, in this case.
You made the right decision, was it really by accident?
AnonymousJuly 28,2022 at 5:02PM UTC
Definitely not illegal. However, if an employer has an affirmative action plan, it should include a comp analysis which would identify any significant discrepancies (especial between genders as well as different protected classes).
I can't speak for the employer as to whether the request was reasonable or not (don't know the company situation or what 'their side' of the story is).
Audrey KirschJuly 28,2022 at 5:10PM UTC
it does seem like a simple request. My team just got raises. Mine was higher than a woman who transferred into our team from another one where she was doing the same work at the same level. That team was toxic so she was happy to make the change but somehow now it seems like her work isn't valued as much on our team. It just doesn't seem fair. We've all expressed our disappointment with the raises we did receive, but nothing will change. Morally criminal maybe, but not legally.
Crystal HowellJuly 28,2022 at 5:55PM UTC
It sounds reasonable, might be something else that person may have to do, that's not public knowledge. It's about negotiating your salary upfront.
In my line of work, we have strict no discussion of salaries or else.
Joan Williams, Senior Talent Acquisition SpecialistJuly 29,2022 at 12:37AM UTC
It's illegal to prohibit employees from discussing their compensation.