Personal Injury Law

Healthcare Employee Files Discrimination Action For Retaliatory Firing, Part 8 of 8

By Moseley Collins, Esq.

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

DISPARATE TREATMENT CLAIM

Although discovery has not been pursued with regard to this claim, Ms. Smith contends that Ethan Jones (her quasi-supervisor for a period of time because her direct supervisor rarely came to work) and Charles Green, her second level supervisor treated her differently than males in comparable positions.

More significantly, Ms. Smith?s supervisor, Sam White, who Plaintiff will testify was completely incompetent, frequently absent, and was the person who left her confidential evaluation on the computer screen was never terminated despite his incredibly poor performance.

EQUAL PAY ACT CLAIM

While Ms. Smith worked for Foundation, she suffered wage discrimination as defined by the state and federal Equal Pay Acts. Ms. Smith?s salary was very low for her position. Many others in her position were managers but she was refused that title. Plaintiff alleges that the male hired in her prior position shortly after she asked to be transferred to Rosevillewas paid $6,000 more a year than she was in that same position.
Foundation argue the reason for the pay discrepancy was the male employee's greater qualifications, but Ms. Smith will testify that the qualifications which actually applied to the job in question were equal; it was the pay that was different.

Full post as published by Sacramento Injury Lawyer Blog on June 28, 2009 (boomark / email).