By Kevin C. McCormick
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On June 5, 2017, Prince George's County agreed to pay $145,402 and furnish significant equitable relief to settle a federal pay discrimination lawsuit. According to the Equal Employment Opportunity Commission (EEOC), Joanna Smith had a bachelor of science degree in civil engineering and more than 5 years of engineering experience when she was hired for an engineer III position with the Prince George's County Department of Environment.
The EEOC said the county rebuffed Smith's efforts to negotiate a higher starting salary that matched her experience and education but hired a man for a comparable engineer III position and paid him the higher salary he requested just 2 weeks later, even though the employees performed substantially equal work. Also, the county promoted and paid a man who held an engineer III position and a man in an engineer II job higher wages than Smith, even though the engineer II had less experience and performed less complex duties.
On March 21, 2017, U.S. District Court Judge Roger W. Titus ruled in favor of the EEOC, finding that the county paid Smith lower wages than it paid to male employees who performed equal work in violation of the Equal Pay Act (EPA) of 1963.
In addition to providing $139,633 in lost wages and liquidated damages to Smith and $5,769 in costs to the EEOC, the 3-year consent decree resolving the suit bars Prince George's County from engaging in sex-based wage discrimination. The county will also increase Smith's salary by $24,723 to ensure parity with her male comparators. Smith continues to work for the county as an engineer IV.
The county will hire a consultant to ensure that its compensation policies, procedures, and individual salary determinations comply with the EPA. The consultant will provide training on federal antidiscrimination laws to the county's Position Review Board and all managers and supervisors in the Department of Environment. Finally, the county is required to report how it handles complaints of sex-based wage discrimination to the EEOC and post a notice regarding the settlement. EEOC v. Prince George's County, MD D.C., Civil Action No. 8:15-cv-02942-RWT.
Kevin C. McCormick, an editor of Maryland Employment Law Letter, can be reached at kmccormick@wtplaw.com or 410-347-8779.