Justice Department Sues Mississippi State Senate for Race Discrimination

The Justice Department filed a lawsuit today against the Mississippi State Senate for discriminating against a Black former staff attorney in its Legislative Services Office (LSO). The lawsuit, filed in the U.S. District Court for the Southern District of Mississippi, alleges that the Senate paid her about half the salary of her white colleagues in violation of Title VII of the Civil Rights Act of 1964 (Title VII).

Title VII is a federal statute that prohibits racial discrimination in compensation and other forms of employment discrimination on the basis of sex, race, color, national origin or religion.

"Discriminatory employment practices, like paying a Black employee less than their white colleagues for the same work, are not only unfair, they are unlawful," said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. "The Black employee at issue in this lawsuit was paid about half the salary of her white colleagues in violation of federal law. This lawsuit makes clear that race-based pay discrimination will not be tolerated in our economy. Our work to eliminate race-based pay disparities is about promoting compliance with the law and promoting equity and fairness for all workers."

The department alleges in the complaint that the Senate discriminated against Kristie Metcalfe by paying her significantly less than every other LSO attorney, all of whom were white. The complaint further alleges that Ms. Metcalfe and these other attorneys had substantially the same job responsibilities and yet she was paid less than these attorneys throughout her eight-year tenure. The LSO is a non-partisan office that provides legal services, such as drafting bills, for all members of the Senate. In the 34 years prior to Ms. Metcalfe's hire, the LSO employed only white attorneys.

The complaint alleges the pay gap between Ms. Metcalfe and her white colleagues began when she was hired and was perpetuated in several additional discriminatory pay actions. In 2011, Ms. Metcalfe was paid a starting salary significantly lower than any LSO attorney in over 30 years. Just one month after her hire, every attorney but Ms. Metcalfe was given a substantial raise, further widening the pay gap and leaving her with a salary less than half of what her white colleagues were earning. In the following years, the Senate consistently paid Ms. Metcalfe many times less than her white colleagues. Finally, near the end of Ms. Metcalfe's tenure, the Senate hired a white attorney with no previous legislative experience and a similar number of years of legal experience as Ms. Metcalfe at a salary significantly higher than Ms. Metcalfe's. At a meeting with Senate officials responsible for setting LSO salaries, Ms. Metcalfe complained about the pay disparity with the new hire, but the Senate denied her request for comparable pay.

Through this lawsuit, the department is seeking back pay and compensatory damages for Ms. Metcalfe, in addition to injunctive and other appropriate relief.

The Equal Employment Opportunity Commission (EEOC)'s Jackson Area Office investigated and attempted to resolve Ms. Metcalfe's charge of discrimination before referring it to the Justice Department for litigation. More information about the EEOC is available at www.eeoc.gov.

The full and fair enforcement of Title VII is a top priority of the Justice Department's Civil Rights Division. Additional information about the Civil Rights Division and the Employment Litigation Section is available at www.justice.gov/crt/ and www.justice.gov/crt/employment-litigation-section.

Trial Attorneys Louis Whitsett and Young Choi of the Civil Rights Division's Employment Litigation Section and Assistant U.S. Attorney James Graves III for the Southern District of Mississippi are handling the case.