Tiburcio Vasquez Health Center to Pay $195,000 to Settle EEOC Equal Pay Charge

HAYWARD, Calif. – Tiburcio Vasquez Health Center, a non-profit medical center with 15 health centers and clinics through southern Alameda County, has agreed to provide $195,000 to three female employees and other injunctive relief following an investigation by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

In July 2023, a female physician assistant filed an EEOC charge of discrimination alleging that she was consistently paid at a lower rate of pay than a male nurse practitioner, despite the fact that he had no prior experience as a nurse practitioner. The EEOC’s investigation found reasonable cause to establish that from approximately April 2022 through August 2023, she and two other women were paid less than the male employee for performing substantially equal job duties.

Such alleged conduct violated Title VII of the Civil Rights Act of 1964, which prohibits compensation discrimination on the basis of sex, as well as the Equal Pay Act of 1963, which requires employers to pay equal wages to women and men who perform jobs that require substantially equal skill, effort and responsibility performed under similar working conditions within the same establishment.

Following the EEOC’s investigation, the parties engaged in the pre-litigation conciliation process which resulted in a two-year agreement requiring Tiburcio Vasquez Health Center to provide compensatory damages, revise its non-discrimination policies and procedures, conduct a pay equity study and set objective factors for compensation, conduct training to all staff, and post a notice concerning equal employment opportunity rights.

“It was important to question why I and other women were being compensated less than our male counterpart for performing comparable work,” said the physician assistant. “I am grateful to the EEOC for upholding our right to equal pay. I hope this case encourages others who find themselves in similar situations to advocate for their rights.”

Margaret Ly, director of the EEOC’s San Jose Local Office, said, “We commend Tiburcio Vasquez Health Center for their commitment to ensuring compliance with the federal laws against sex-based wage discrimination. This is a good reminder for all employers to set objective criteria when making compensation decisions and to apply those criteria consistently. Instead of basing pay on factors such as prior salary that may be discriminatory, employers should independently evaluate an individual's job-related qualifications. Other suggestions for preventing compensation discrimination can be found at 'Pay Tips' in the EEOC's Small Business Resource Center.”

For more information on equal pay and compensation discrimination, please visit https://www.eeoc.gov/laws/guidance/facts-about-equal-pay-and-compensation-discrimination.

The EEOC’s San Francisco District has jurisdiction over Northern Nevada, Northern California, Washington, Alaska, Oregon, Idaho and Montana.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division; the EEOC is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.