Equal Pay Act Flashcards
In order to establish a prima facie case under the EPA, a complainant/employee/plaintiff must show:
That the employee is being paid at a rate less than someone of the opposite sex
In the same establishment;
For equal work, which is work that requires equal skill, equal effort, equal responsibilities, and is performed under similar working conditions.
—-Equal does not mean identical
The employer has four statutory defenses:
Seniority system;
Merit system;
A system that measures earnings by quantity or quality of production (commission);
A differential based on any other factor other than sex
—-(Catch-all defense)
Equal Pay Act presumes intent
No need to show intent to discriminate
Corning Glass Works
case
Rizo
case