SAN ANTONIO — A federal Equal Employment Opportunity Commission inquiry has determined the city of San Antonio unfairly paid two female employees less than their male counterparts and then retaliated when they complained.
The EEOC issued two determinations Monday in cases filed against the city by Christine Peden and Jeanne Martinez. The findings come almost three months after the two women filed a federal lawsuit against the city.
“The city has just received and is studying the EEOC determinations. The city complies with the Equal Pay Act and pays all of its employees equal pay for equal work. Salaries paid by the city are not determined on the basis of gender. The city did not discriminate and will defend the allegations in the EEOC complaint and the companion lawsuit vigorously,” said Martha Sepeda, first assistant city attorney.
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Travis Hicks, the director of the EEOC's San Antonio field office, wrote that evidence obtained during the commission's investigation shows that Peden, Martinez and other female operations managers in Animal Care Services “received lower wages than their similarly situated male counterparts.”
According to EEOC documents, the city's response claimed salary differences were based on factors other than gender. It cited a policy that limits salary increases to 5 percent for internal hires and a basic rule that prevents new employees from earning salaries above the minimum in the pay range for the position.
However, the city admitted such policies could be set aside when authorized by the Human Resources Department — which happened in June 2012 with a male manager.
The city's “articulated reasons are deemed pretextual,” the EEOC found.
The federal commission also determined the city retaliated against the two women for discussing “the suspicious difference in wages.” According to the EEOC, the city acknowledged that it issued a “letter of counseling” to each of the women for “engaging in communications which were deemed negative or unprofessional, which perpetuated rumors, gossip or helped create disagreement and dissention in the workplace.”
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The city admitted to the EEOC, however, that it has no policy prohibiting such discussions.
The salaries of public employees are a matter of public record and are routinely requested under the Texas Public Information Act.
EEOC records show that the commission attempts to “eliminate the alleged unlawful practices by informal methods of conciliation.” But if that doesn't happen, the commission could take the city to court.
Lawrence Morales, the attorney for the two women, said mediation between the city and his clients has proven unfruitful. The EEOC's findings allow the federal lawsuit to move forward. jbaugh@express-news.net
