The Equal Pay Act
The Equal Pay Act of 1963 prohibits wage discrimination based on gender for employees performing equal work. Equal work is defined as jobs requiring equal skill, effort, and responsibility under similar working conditions, though courts have had to clarify what this means in practice. Employers can legally justify pay differences using four affirmative defenses: seniority, merit, production, or any factor other than sex.
A landmark case, Schultz v. Wheaton Glass, clarified that jobs don’t need to be identical but must be substantially equal, and actual job duties—not just job descriptions—are key in assessing equality. The Department of Labor provides criteria for comparing skill, effort, responsibility, and working conditions, while courts require these differences to be significant and time-consuming to justify unequal pay. Of the four defenses, “a factor other than sex” has led to the most litigation, encompassing business-related reasons like shift differentials or temporary assignments.
Employers must show these practices are truly business-related and not just patterns resulting in wage gaps. Many of these cases are settled before trial, so there is little definitive legal guidance. Questions remain about what truly counts as a legitimate business justification.
Видео The Equal Pay Act канала GreggU
A landmark case, Schultz v. Wheaton Glass, clarified that jobs don’t need to be identical but must be substantially equal, and actual job duties—not just job descriptions—are key in assessing equality. The Department of Labor provides criteria for comparing skill, effort, responsibility, and working conditions, while courts require these differences to be significant and time-consuming to justify unequal pay. Of the four defenses, “a factor other than sex” has led to the most litigation, encompassing business-related reasons like shift differentials or temporary assignments.
Employers must show these practices are truly business-related and not just patterns resulting in wage gaps. Many of these cases are settled before trial, so there is little definitive legal guidance. Questions remain about what truly counts as a legitimate business justification.
Видео The Equal Pay Act канала GreggU
Комментарии отсутствуют
Информация о видео
6 июля 2025 г. 19:01:12
00:02:14
Другие видео канала