EPA Flashcards
Applies to?
#s LEAD Aging for All of us.
———–
1981, 1983, 1985
fLsa
Epa
ADa (pub serv) [emp = 15+]
ADEA
Who administers?
EEOC but since you’re busy dealing w/ a snake, you can sue w/o filing
How initiate claim?
Can file w/ Court or EEOC.
~too busy smaqing snakes
~equal pay = equal emplymt
What protections?
Only for wages.
Only for gender.
State pre-requisites to filing claim.
None. File in court or EEOC.
S/L
2 yrs.
3 yrs. for wilful.
Sue indiv under EPA?
Yes.
Prima Facie Case.
Male & female doing
1. Substly equal wrk;
2. Substly equal skill, effort, and responsibility;
3. Similar working conditions;
4. Sex pd less.
———–
[shout ‘EPA” when you apply a SMAQ to All Subtsly Similar snakes paying Wages to Sexes unequally]
Who has burden of proof?
ER
Has B of Proof, not just B of production under Title 7
?????????
What does ER have to prove?
[shout ‘EPA” when you apply a SMAQ to All Subtsly Similar snakes paying Wages to Sexes unequally, cd take 2 or 3 yrs]
———–
1. Seniority System;
2. Merit System;
3. Another non-sex reason;
4. Quality or quantity of production.
–
- don’t confuse Quality w/ title 7 Qualified
- don’t confuse w/ ADEA defenses BOSsDIE
Burden
2 step.
1. EE shows opp sex pd differently.
2. ER shows defense.
Intentional and/or Unintentional?
Both!
Intentional (3 yr)
Unintentional (2 yr)
———–
[shout ‘EPA” when you apply a SMAQ to All Subtsly Similar snakes paying Wages to Sexes unequally]
What is UNIQUE need to file a claim?
Must have a comparator. If 1st woman toilet plunger in workplace, file Title 7 b/c no comparator.
State 2 unique things about damages under EPA.
- Diff in comp during 2 (unintent) or 3 (intent) span
–PLUS– - Liquidated for willful, malicious, reckless:
Equal to amt of loss
∑ double dmgs (2 x back pay)
EPA summary
WEC Pays Less
same Work, Effort, Conditions, Less pay
———–
Senior, Merit, Another, Quality/Quantity
———–
Only wages, only sex.
Must have comparator.
2 yrs vs. 3 yrs.
Get liquidated for intentional (3 yrs).
