By LAURA B. MARTINEZ and NUBIA REYNA | Staff Writers
A former Brownsville associate municipal court judge who sued the city of alleged violations of the Equal Pay Act and the Equal Employment Opportunity Commission — and took her case to a higher court — lost her appeal.
The EEOC stated that Valerie M. 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.
The Fifth Circuit ruled Thursday that Garcia’s Government Employee Rights Act was not violated because her appointment by an unelected official prohibits her being covered by GERA. Had she been appointed by an elected official, she would have fallen within the express parameters of GERA.
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, Garcia’s 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.
