Mississippi Senate paid Black attorney less than white ones, US Justice Department says

JACKSON, Miss. — (AP) — The Mississippi Senate discriminated against a Black attorney by paying her about half of what her white colleagues were paid for doing the same job, the U.S. Justice Department says in a lawsuit it filed Friday.

“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, head of the Justice Department’s Civil Rights Division.

Kristie Metcalfe worked as a staff attorney for the Mississippi Senate's Legislative Services Office from December 2011 to November 2019. Attorneys for the nonpartisan office write bills and handle other legal questions for the 52 senators. Many of them stay on the job for decades.

The Senate office employed only white attorneys for at least 34 years before Metcalfe was hired, and she was the only Black attorney on staff during her time there, the lawsuit said.

Metcalfe's starting salary was $55,000, while other Senate staff attorneys were paid $95,550 to $121,800, according to the lawsuit. The other attorneys received pay raises about a month after Metcalfe was hired, making their salary range $114,000 to $136,416. Metcalfe did not receive a raise then.

The current governor, Republican Tate Reeves, presided over the Senate as lieutenant governor from January 2012 until January 2020 — most of the time Metcalfe worked for the Senate.

The Associated Press sought comment about the lawsuit Friday from Reeves and current Lt. Gov. Delbert Hosemann, who is also a Republican.

“We do not comment on pending litigation,” said the current secretary of the Senate, Amanda Frusha White, who works for Hosemann.

Metcalfe's salary remained $40,000 to $60,000 less than her lowest-paid white colleague during her years on the job, the lawsuit said. It also said the Senate hired another attorney, a white man, in December 2018 and set his salary at $101,500, which was $24,335 more than Metcalfe was being paid at the time.

Metcalfe and the new attorney both had eight years' experience practicing law, although the new attorney had not yet worked for the Legislature. They were assigned the same types of work for the Senate, the lawsuit said.

The lawsuit said Metcalfe complained about the pay disparity to with then-Sen. Terry Burton, a Republican. As the Senate president pro tempore, Burton was chairman of the Rules Committee, which sets staff salaries. He denied Metcalfe's request to equalize her salary with that of her new colleague, the lawsuit said. She resigned about 11 months later.

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