Changing your pay or forcing you to take at lesser pay

[empowerment]

This one just got sticker....still investigating this claim...just learn that this is not a common practice within the company...lowing people pay at random...since this is not a common practice according to a senior officer with the company....it is safe to say the company in the effective market may have over stepped their boundary?

 

[cbg]

NO.

What is it going to take to get through to you? The fact that it is not common practice within the company does NOT make it illegal in and of itself.

If they are deciding whose pay to lower on the basis of race, that is illegal. But no matter how badly you want to hear otherwise, a single location IS allowed legally to follow a different practice than the rest of the company if they so choose, as long as they do not violate Title VII.

 

[Beth3]

And if there is a legitimate business reason to lower wages at this particular facility and not others, then the fact that the majority of the workforce at this location may happen to be African American (which would presumably be a reflection of the community where it's located) is irrelevant.

The bottom line is that we just don't have enough information to determine whether any prohibited discrimination has occurred.

 

[empowerment]

I thank you for your quick and informative reply.
It don’t take much to understand “get through me” it just a matter of presenting the facts and getting a clear understanding of what might be happening. While this not just happen at one location, this happen at anytime a location is closed in this particular area or State. This could be probably be just a “regional” and isolated incident that affected a few people that happen to be of the same color. While the practice is not common anywhere else in the company do not make it legal or illegal….that part is well understood. The basic question is it selective practice to weed out a “selective group” and give the other group more opportunities or pretty much just put them in various positions without changing their salaries? The unfortunate thing in the case is that the selective group of people that always seems to get the “salary cut” or “laid off” happen to be a majority of one color versus the other. I don’t think a company of this magnitude would allow such practice if it have not been sanctioned by the power that be within the upper level of this company. Sometimes, those on the lower totem poles may institute a policy or practice that may not be in align with the company’s structure. Weather the policy is good for the company or not good company, legal or illegal…the fact still remain does the company allow such practice and if the company don’t allow the practice then I would think it would stop immediately….if such practice is stop and prohibit…what restitution do those affective employees have?

 

[Beth3]

If there are employees being singled out for less favorable treatment because of their race, then they may file a complaint of prohibited discrimination with their State's equal rights division or the EEOC. If either gov't agency issues a "right to sue" letter, then the individuals may file a civil suit against the employer and seek damages. Obviously, they'll need an attorney for that.