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Make sure you can justify salary differences

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in Compensation and Benefits,Discrimination and Harassment,Human Resources

These days, employees are getting braver about discussing their pay. Part of the reason is that the National Labor Relations Board has done a good job publicizing its stance that discussing pay is concerted activity protected by law.

Be prepared for the inevitable lawsuits with solid reasons for all pay decisions.

Recent case: Doris Keeton, who is black, sued her employer, alleging she was paid less than her two white co-workers. But the company showed that it used market factors to determine starting pay.

Plus, the salaries were very close, with Keeton earning a mere $150 less after the most recent salary in­­creases. That was enough to get her case tossed. (Keeton v. Morn­ing­star, No. 11-2298, 7th Cir., 2012)

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