Work Advice: When your co-workers won't discuss pay

Q: I am a project engineer, and the only female in my department, at a large defense contractor. In my 17 years at this company, management has yet to share any pay ranges for different jobs. When I have hinted around about salaries with my male co-workers, they all say they were told to never discuss them. That is what first aroused my suspicion: Except for when I was first hired, I have never been told not to discuss my salary, but my male counterparts tell me that at every review, they're told to never, ever discuss salary with other team members. I take that to mean me! How do I find out if I am being underpaid compared to my male counterparts?

A: Legally, your co-workers can share anything they want to about what they make. The National Labor Relations Act protects employees' right to negotiate "the terms and conditions of their employment"; the National Labor Relations Board interprets that law to mean that employers - with or without unions - can't prohibit workers from discussing pay.

Now, pointing that out to your co-workers probably won't help your cause. Whether "we were told not to share" is a dodge to avoid discussing private financial information or their subtle way of confirming that, yes, there's a cover-up going on, you're not likely to find out any more from them. But there's nothing prohibiting you from saying to a trusted associate, in confidence: "Here's what I make. Does this sound comparable to what others at my level are pulling down, or would I be justified in asking for more?"

Bear in mind, involving your co-workers and their paychecks in this investigation is "fraught with peril," says Declan Leonard, an employment lawyer with Berenzweig Leonard LLP in McLean, Va. Even if the only salary information revealed is yours, you could "alienate" yourself from your colleagues and draw unwanted attention from management, especially if they suspect you're setting up legal action. That's why, for Leonard's money, "going for industry data is a smarter move." Talk to headhunters and search public data records to try to find out the normal pay range in your geographic area for professionals with your duties and experience. If you're at the low end of (or below) that range, share your findings with your manager at review time and let him know you would like to have your salary brought more in line with the industry average. There's no guarantee this approach will get you more money, but at least you'll be armed with industry data, not "pitting yourself against your co-workers," Leonard says.

Of course, there's always the risk your boss will recommend that you seek a better deal elsewhere. Then again, you may find it more appealing to simply go work for an employer that skips the stonewalling and just pays people what they're worth.

• Miller has written for and edited tax publications for 16 years, most recently for the accounting firm KPMG's Washington National Tax office. You can find her on Twitter, @KarlaAtWork.