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DOJ suing Mississippi Senate for paying Black staff attorney ‘half the salary’ of white colleagues

The state capitol building in downtown Jackson (Photo by SuperTalk Mississippi News)

The Department of Justice (DOJ) is suing the Mississippi State Senate for discriminating against a Black former staff attorney in its Legislative Services Office (LSO), according to a press release issued Friday.

The lawsuit, filed in the U.S. District Court for the Southern District of Mississippi, alleges the Senate paid attorney Kristie Metcalfe about half the salary of her white colleagues who had the same job responsibilities. The DOJ said the disparity in pay is a violation of federal statute Title VII of the Civil Rights Act of 1964, which prohibits racial discrimination in compensation and other forms of employment discrimination based on 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.”

Metcalfe was the first Black attorney hired by the LSO, where she worked for eight years. According to the complaint, Metcalfe started with the Senate office in 2011 and was given a “starting salary significantly lower than any LSO attorney in over 30 years.” A month after her hiring, every attorney was given a raise except for Metcalfe, widening the pay gap and leaving her with a salary less than half of what her white colleagues were being paid.

Near the end of Metcalfe’s tenure, in 2019, the Senate hired a white attorney with no previous legislative experience and a similar number of years of legal experience as Metcalfe at a salary “significantly higher” than that of Metcalfe. She then raised concerns over the pay disparity with Senate officials responsible for setting LSO salaries, but according to the complaint, the Senate denied her request for comparable pay.

The lawsuit is seeking back pay and compensatory damages for Metcalfe, in addition to injunctive and other appropriate relief. Officials from the LSO were not available for comment on Friday afternoon when SuperTalk Mississippi News reached out.

The Equal Employment Opportunity Commission’s office in Jackson investigated and attempted to resolve Metcalfe’s charge of discrimination before referring it to the DOJ for litigation.

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