A trial will begin today after a federal judge ruled Little Rock's diversity manager is entitled to have a jury decide whether the city discriminated against her in its failure to increase her wages.
Diversity Manager Ericka Benedicto, who is black, filed a federal civil-rights lawsuit against the city in 2014 after learning white managers with similar experience were earning more than her.
She had two claims, one about her salary and another about the city's car allowance policy, both of which were based on the fact she was not getting as much money as many of her white counterparts.
She found out one manager's pay was increased after a wage disparity study, but hers was left the same. She also discovered later some managers received monthly car allowances, effectively increasing their yearly earnings, while she did not.
The city had asked Judge Brian Miller to issue a summary ruling on the claims rather than have them go to trial.
Miller ruled on the car allowance last week, noting of the nine managers at the city who receive a car allowance, four are black.
"As such, Benedicto cannot show that race was a motivating factor," he wrote.
But in regards to the salary dispute, Miller said there is a genuine disagreement over the city's reason for not increasing Benedicto's salary after the wage review and Benedicto has a right to a jury trial.
That trial will begin today at 9:30 a.m. in courtroom 2D at U.S. District Court, 600 W. Capitol Ave.
"Now, this does not mean that Benedicto can prove [City Manager Bruce] Moore is a reverse-racist, but based on recent rulings by the Eighth Circuit Court of Appeals, it appears she has put enough in the record to at least have her chance to present her case to the jury. Consequently, summary judgment is inappropriate," Miller wrote.
Moore, who makes hiring and firing decisions of top managers and department heads, is also black.
The city asked the judge to reconsider his denial of summary judgment on the salary claim, but Miller declined Thursday, saying the city could move for judgment based on law after Benedicto presents her evidence in court.
The dispute over Benedicto's pay began in 2013 when she learned of a February 2010 equity review conducted by the city's Human Resources Department that determined while she and two other managers had similar experience, they each had different pay.
The other managers -- City Clerk Susan Langley, hired in 2003, and Public Relations Manager Meg Matthews, hired September 2009 -- are white. Benedicto was hired in March 2009.
As a result of the review, the city raised Langley's $54,983 salary so that it equaled Matthew's $62,500 salary, but left Benedicto making $58,000 despite comparable experience.
Also in 2013, Benedicto learned that a newly hired communications and marketing manager, who was white, was hired with a $65,000 salary and a $300 monthly car allowance. That manager is no longer with the city.
At that point, the Human Resources Department conducted another equity review and raised Benedicto's pay -- which was $63,993 at the time -- to be equal to the new manager's at $65,000.
Previous diversity managers have never received a car allowance.
Benedicto told the city her experience actually exceeded the new manager's, but was told no consideration was given to tenure.
She is requesting back pay and expenses for filing the lawsuit and also is asking the city's equity reviews be audited for the past 10 years to ensure fair and consistent practices.
As diversity manager it is Benedicto's job to serve as a reference point for information concerning racial equality in employment, according to the city website.
She is tasked with setting the goals of the Racial and Cultural Diversity Commission, which is supposed to "advise and assist the city in combating racism" and "promote equal opportunity and full exercise of civil rights for all person without discrimination because of race, ethnicity, color or national origin."
In court filings and dispositions in this case, Moore has said the decision to raise Langley's salary in 2010 and not Benedicto's was based on their total experience and work history. Langley and Matthews entered the work force at least 10 years before Benedicto and had been working at the city longer, too.
But Benedicto pointed out the 2010 review found all three managers had "similar professional experience."
There's also a city memorandum from Moore that defines total experience as including prior work history, training and education.
"This definition indicates that education is to be considered together with work experience in determining total experience," Miller wrote in his ruling. "For this reason, Benedicto points out that the city's failure to consider her higher educational attainment rendered its decision highly subjective."
Benedicto has a bachelor's degree from the University of Central Arkansas and a master's degree from Webster University. Langley has a bachelor's degree from the University of Arkansas.
In 2015, Benedicto's salary was $65,975 and Langley's was $69,994, according to city records. The salary for the communication and marketing manager position is still set at $65,000.
NW News on 03/21/2016