Can employees be paid differently for doing the same job?

Question Details: I been employed for 10 years and a co-worker has been there 6 months; we are different races. However, there is a big pay difference. Is that legal? Can the company just choose to pay what ever it wants to whoever it wants?

Asked on 8/13/2019 under: Employment and Labor Louisiana

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SJZ, Member, New York Bar / FreeAdvice Contributing Attorney Answered 4 months ago | Contributor

They can be paid different amounts for non-discriminatory reasons. It is illegal to pay two people differently for the same job due to their race, sex, national origin, color, disability, religion, or that one is 40 or over (and the other not): that would be prohibited discrimination. But if one person has a degree, credentials, qualifications, or experience the other lacks, or has contributed more to the company (e.g. closed bigger deals; managed more complex or important projects; brought a big client in; etc.) those non-discriminatory factors would support a pay differential: employees doing the same or similar jobs can be paid different amount so long as it is not for a discriminatory reason.
If you suspect discrimination, contact the federal EEOC about filing a complaint.

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