Fight for Gender Equality: A Case Study in Workplace Discrimination
Elaine's Story
Elaine Deitch is an attorney with a strong educational background, having earned her juris doctor ("J.D."), followed by her legum magister ("LL.M.") in Taxation, with a concentration in Estate Planning.
Elaine was hired by a prestigious Boston estate planning firm immediately after completing her LL.M. program, with the promise of a starting salary of $70,000.00, along with a 10% commission on the gross revenue receipts for business she generated. Elaine received a salary raise to $75,000.00 per year when her responsibilities expanded to include overseeing the firm's Medicaid Department. However, during her tenure, Elaine observed a pattern of gender-based discrimination within the workplace. For instance, only female paralegals, not their male counterparts, were required to take turns covering the reception desk during the receptionist's lunch break. Additionally, when the main telephone line went unanswered due to the receptionist's absence or after business hours, the calls were routed to the offices of female paralegals, while male paralegals were exempt from this duty. Elaine also noticed that female employees were consistently chosen to serve as witnesses during document signings, while male employees were only asked if no female employees were available. To make matters worse, Elaine discovered that male attorneys at the firm with similar qualifications and responsibilities were receiving higher salaries. One male attorney, who had the same educational background as Elaine and joined the firm in a year before she did, started with a $90,000.00 per year salary, which increased to $100,000.00 after one year. He, like Elaine, also received a 10% commission on business revenue. When Elaine inquired about her comparatively lower starting salary of $70,000.00, the male attorney responded, "That's where they start all the women." Another male attorney who joined the firm around the summer of 2012, without an LL.M., began with a $75,000.00 salary, with the same 10% commission structure. A third male attorney with a J.D. and an LL.M. who started around the summer of 2013 received a starting salary of $85,000.00, again with the 10% commission. In contrast, a female attorney with ten years of experience and an LL.M. was offered only $85,000.00, plus a 10% commission. Her attempts to negotiate a higher salary proved unsuccessful, despite her qualifications. In April 2013, Elaine finally approached the firm's managing partner, seeking a raise to address the pay disparity. While initially reluctant, he raised her salary to $95,000.00 per year three weeks later. However, following the raise, Elaine felt that he began retaliating against her, seemingly setting her up for termination. She stopped receiving opportunities to meet with new clients, which were essential for earning her 10% commission. The managing partner began making explicit statements indicating his desire for Elaine to leave the firm, repeatedly suggesting it was not a good fit for her. Ultimately, Elaine was terminated from her position. Her final paycheck did not include the outstanding commissions she had earned, a clear violation of her compensation agreement. |
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Legal Claims
Elaine's case was rooted in the following legal claims:
Gender discrimination under federal and state law: Elaine's employer engaged in gender discrimination by paying her and other similarly situated female employees less than their male counterparts and subjecting them to different job duties based on their gender.
Equal Pay Act Violations: This claim was rooted in the fact that her employer paid her and other female employees less than their male counterparts for substantially equal work. This claim arose under the federal Equal Pay Act as well as the Massachusetts Equal Pay Act.
Wage Act Violation: The failure to pay her earned commissions on termination was also a violation of the Massachusetts Wage Act.
Gender discrimination under federal and state law: Elaine's employer engaged in gender discrimination by paying her and other similarly situated female employees less than their male counterparts and subjecting them to different job duties based on their gender.
Equal Pay Act Violations: This claim was rooted in the fact that her employer paid her and other female employees less than their male counterparts for substantially equal work. This claim arose under the federal Equal Pay Act as well as the Massachusetts Equal Pay Act.
Wage Act Violation: The failure to pay her earned commissions on termination was also a violation of the Massachusetts Wage Act.
Our Solution
We filed a lawsuit on Elaine's behalf, asserting her discrimination and equal pay claims, as well as a claim under the Massachusetts Wage Act for the commissions that remained unpaid at her termination. After engaging in initial discovery, which supported her claims, the firm agreed to a favorable settlement.
Elaine's case demonstrates the importance of standing up for your rights in the workplace, especially when the employer is a law firm with an extra responsibility to uphold the law.
Elaine's case demonstrates the importance of standing up for your rights in the workplace, especially when the employer is a law firm with an extra responsibility to uphold the law.
How Our Employment Lawyers Can Help
Are you in a similar situation? We have years of experience helping people with discrimination and retaliation issues, and we would be happy to help. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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