BROWNSVILLE — Valerie M. Garcia, a former associate municipal court judge here, is suing the city for alleged violations of the Equal Pay Act, which protects against wage discrimination based on sex.
The Equal Employment Opportunity Commission stated that Garcia was not entitled to relief under Government Employment Rights Act of 1991 because she was not appointed by an elected official to qualify.
Garcia filed an appeal that requests the 5th Circuit to decide and overturn the position taken by the Equal Employment Opportunity Commission that she does not qualify for relief. Under Title VII, Garcia is not considered an employee because of her former status as a municipal court judge, the motion to abate reads.
Brownsville city officials said since the case is under investigation, there is no comment at this time.
Garcia was appointed as a part-time associate municipal court judge for the municipal court on July 3, 2014. The salary for this position is set by the city commission by resolution and there is no written schedule setting the starting pay, the lawsuit reads.
Garcia’s starting rate was approximately $2,000 a year less than her male counterparts’ starting salary. She was the only female associate municipal court judge at the time of her removal and the city currently does not have a policy for seniority system, a merit system or a differential based on any other factor than sex, the lawsuit reads.
The lawsuit also states Garcia received only two pay raises within the four years of her service while her male counterparts received three to four pay raises within their first four years of appointment as associate municipal court judges, and in some instances they received two pay raises in one year.
On Aug. 1 of 2018, Garcia brought the issue of pay discrepancy, that she believed was based on her gender, to the attention of the Court Administrator Miguel Sanchez and was told the complaint would be investigated and an adjustment would be made to her salary, if a disparity was determined, the lawsuit reads.
According to the lawsuit, a week later, Sanchez confirmed that there was a difference in pay between Garcia and her male counterparts and informed her that Presiding Judge Robert L. Lerma was informed. Lerma stated that funds were available to compensate Garcia for the pay difference. However, on Sept. 24, 2018, Garcia was given written notice signed by interim City Manager Michael Lopez that she would not be reappointed.
The appeal being considered by the 5th Circuit addresses the issue of Garcia being left without a remedy or file a cause of action because of disqualification under Title VII and now the position taken by the Equal Employment Opportunity Commission that she does not qualify under GERA.
