Consider this hypothetical: An employer operates a national
business, and has two vice president of sales (VP) positions. The
VPs have essentially the same tenure with the company and the same
duties, except one oversees the western U.S. and the other the
eastern U.S. Also, both territories are about the same
size.
Now, consider that the VP of the west is male and is paid 30%
more than the VP of the east, who is female. Is there legal
risk of a pay discrimination claim under Title VII (the federal anti-discrimination
statute)?
Spoiler alert: The short answer is YES because the female
performs essentially the same work as her male colleague for less
money.
Now let's ask a different question: Is less pay for equal
work the only way to establish a pay discrimination claim under
Title VII?
