Q: I have been with my present company in middle management for four years. It has grown tremendously and doubled its staff as a result of a few recent major transitions. I'm considered to be one of the highly respected managers, yet the newer employees are all hired at salaries of over $15,000 more than mine. I've known this for almost a year but I waited for my annual review to address the situation because I didn't want to stir up any problems. I received a glowing review, but only a 4% raise, which still puts me $12,000 to $18,000 below any other manager on my level. I brought up the matter with my immediate supervisor and asked if my lower pay is because I am a woman, or because I am over 40. He said that neither gender or age had anything to do with it, but I don't believe him! I want to stay at this company, but feel I am not being treated fairly. What should I do?

A. Employee Advocate:

Before you come to the conclusion that you are being treated unfairly because of your gender or your age, you may have to do a little investigation and gather some proof. Discrimination is illegal. However, you cannot claim a charge of illegal discrimination merely because you feel that you are being treated unfairly. There may be a number of reasons why employers treat their employees unfairly, including poor management. Unfortunately, poor management alone is not illegal and cannot be a basis for a discrimination lawsuit. The remedy for an employee suffering under poor management is to find another job with a management structure that is more fair and open. Gather evidence of illegal discrimination before you charge someone with it. Here are some ways to prove illegal pay inequity: Show that all women, or all older workers in the same jobs as younger males, are paid at the lower end of the range (you may have to probe a bit to find out what the pay scales are in your company).

Find direct comments or remarks made by your boss, or other representatives of the company, that tend to favor one group over another. Bring this evidence, along with an accusation of discrimination, to your HR office or when consulting an attorney or filing a complaint with your local human rights agency or Equal Employment Opportunity Commission.

Before concluding that you have been discriminated against, you should also consider another reason why you are being paid less than new hires. It is now common for companies to pay new hires more than existing employees who have moved up in the organization. Merit increases have not kept up with what is being offered to attract new hires because of a shortage of candidates in certain fields. You have already approached your boss to adjust your salary to a higher rate and it has not worked. You might try getting another job where you will be offered a better salary and then going back to your boss to try to get him to bid for you using your job offer as leverage. That may be more effective and you may find a better job!

Here are some resources that can be helpful if you want more information: