Do I have a work discrimination case?

Question

I work for a company performing essentially a sales role with 3 other employees who have the same title and responsibilities. However, my first 3 sales are not credited to me each month (these are substantial commissions), while the other employees receive their full pay. Granted, I started 6 months after the first 2 were hired, and a month after the 3rd one was hired, but I’m the most qualified. I spend the most time on the phone, and I’m by far the highest performer. It’s a very bizarre structure in the office, however. Of the 10 employees on the main floor, I’m the only white male. My positional counterparts are a black male (with no college education or sales experience, he happened to be friends with the president), a black female, and a lesbian white female. The lesbian female is married to our white lesbian manager. My black counterparts are actually the ones who suggested I’m being discriminated against because of insecurities stemming from management. Oh yea, the manager is the presidents sister.

Even if discrimination doesn’t exist, I’d like to know if I have a case? All I ask is for equal pay. I don’t see on what grounds unequal pay could be validated.

Bolton · Answer

Yes you sure do

Laurie · Answer

It depends on the contract/conditions under which you were hired. If you agreed to it, then it is not discrimination.

Kevin7 · Answer

You should contact lawyers

Anonymous · Answer

Talk to an attorney.

Bob · Answer

You may or may not have a case, if you really want to know if you do or not you should talk to a lawyer who can best advise you

A Hunch · Answer

You receive your full pay, just like the other employees.
The process for you to earn "your" full pay is different than other employees.

When you were hired, you agreed to a sales commission process where you would receive no commission for the first 3 sales of the month.  Then following that, you would receive commission on all other sales.  
- you agree to this... not the other employees.

- If you are a non-exempt employee, you are required to earn at least minimum wage for all hours worked plus overtime.  Your commission is part of the overtime rate.
- If you are an exempt employee, you must earn the FLSA exempt income per week (federal or state law) if you have not receive enough commission to cover the wages.

babyboomer1001 · Answer

You are asking for legal advice, which only a licensed attorney can give.  Consult a lawyer.  All you are going to get here are general opinions, most from people who have no idea and no knowledge of the law.

Steve D · Answer

You have no case.  First, you would have to prove that the difference in how you get paid is directly related to whether or not you are a member of a protected class (and given the wide spread of people employed you obviously can't prove that), and second, you can't prove your pay is based upon you being a member of a protected class (easy defense - "we changed our pay structure").

StephenWeinstein · Answer

No, because employers are allowed to discriminate based on when employees were hired, such as paying new employees less and paying more to employees who started earlier.  If race, gender, and sexual orientation were the only reason to pay you less, then I would say yes.

Unequal pay doesn't need to be "validated" unless the reason for it is one of the reasons that the law prohibits.  But if it's simply because you where hired more recently, then that's a good enough explanation.

Do I have a work discrimination case?

9 Answers