A jury decided earlier this month that two women who have long worked for the city of Modesto Finance Department were underpaid when compared with a male colleague. According to the jury verdict, the city will have to pay the women almost $190,000 in back pay, interest and damages.On Tuesday, the City Council will discuss in closed session whether the city should appeal the verdict. The answer is "no."
The city already has incurred thousands of dollars in legal fees defending itself, unsuccessfully, against these accusations and likely will have to pay the plaintiffs' attorney fees as well because of the jury verdict in favor of the two women. Nine of 12 jurors were persuaded that the city had not treated the women fairly under the Equal Pay Act. It is worth noting that three years ago, the two women received lump-sum checks for back wages at a higher pay grade for work they did until 2002. But the higher salaries weren't continued. The lawsuit centered on the salaries they received from 2002 through July 2005, when the lawsuit was filed. Appealing this matter will simply raise the already-hefty legal bills, with no guarantee of success. The expense isn't needed at a time when the city faces serious budget cuts. Furthermore, the case is affecting employee morale. Attorneys representing the city exacerbated the situation by sending out a news release -- to the media and to all city employees -- expressing disappointment in the verdict and promising a motion seeking reversal of the verdict.
As Local News columnist Jeff Jardine pointed out this past Tuesday, City Council members weren't aware of the statements and apparently hadn't decided whether to appeal. This case is listed on Tuesday's agenda for a closed-door discussion. The best thing to do at this point is pay up and shut up -- and make sure that current and future salary practices are fair and equitable.
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Don Quixote Note: I posted this story to illustrate that our Sister City, Modesto publishes a list of their in-camera (Dark side meeting) agenda items so the media and general populace can see what is been discussed as a dark side item.
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