Critical Thinking Application 10-B Illegal Pay Discrimination, Bad Pay Policy, or Both? The following letter was written by Ms. Julia Kate, a female associate, and addressed to the director of the clinical counseling center.

Dear Dr. Boseman:

The purpose of this letter is to request an assess- ment of my salary in the context of my performance and responsibilities and the salary levels that have been set for three staff members recently hired by the Counseling Center. In the past year, the Center hired one male Ph.D. at $10,000 more than I earn and two unlicensed counselors (both male) at almost my identi- cal salary rate. I believe my salary is extremely low given the following facts: (1) My job performance has been rated at the highest level for all six years I have been on staff; (2) the recently hired Ph.D., a male, had no experience and performs the identical work I perform; (3) the recently hired M.Ed., a male, who is paid at the same level as I, had no experience in counseling. As you know, with the exception of the referrals to which I refer below, assignments of clients to staff members are based strictly on space available and not the possession of a particular staff members credentials. While I recognize that credentials do translate into higher salaries for persons performing identical work, so too do other credentials such as the possession of an applicable license and qualifications and experience in supervising graduate student interns. I receive no ad- ditional compensation for this license despite the fact that it enables me to supervise interns while the two Masters level associates hired do not possess such a license and thus cannot (and do not) supervise students. I have supervised graduate students since 1997. In ad- dition, I have a Masters in Social Work (MSW), a ter- minal degree that, as a credential, has far more external marketability than the degrees possessed by the two new hires.

I am also the designated specialist who receives all referrals from the county regarding sexual assault and rape. I have had to use my expertise in this highly sensi- tive area on several occasions. Rational (and legal) compensation systems set and adjust pay levels based on a number of factors, including the credentials, experience, supervisory responsibilities, and, of course, the job performance of the incumbents. Based on these factors, my salary is difficult to explain, especially when compared to the new staff of the Counseling Center. Thank you for considering these issues. I look forward to your response.

Ms. Julia Kate

Assignment

Is this a violation of the EPA? What about a Title VII violation? Does Ms. Kate have a case? If Dr. Boseman feels Ms. Kate has an EPA case, can he reduce the pay of the newly hired PhD to match Ms. Kates salary to erase the problem? Does it matter that the Counseling Center hired the male PhD 8 months ago? If so, how is this relevant in a Title VII claim? If you cannot take a position on the allegations, stipulate what specific additional information you need to reach a conclusion. The legal implications aside, what should Dr. Boseman do?