Chat with AIExam 5: The Equal Pay Act of 196
What are some ways in which job analysis and job evaluations can be used to create wage scales that are fair and can withstand legal scrutiny?
(32) 
VerifiedJob AnalysisCan be used to determine the major duties, essential tasks, knowledge, skills, and abilities, and the working conditions for each jobCan be used to determine which jobs are substantially equal in terms of work Using this information can help employers determine which jobs should be equally compensatedCan be used as the foundation for developing a valid and fair performance evaluation systemJob EvaluationCan be used to determine the internal worth of each job to the company Can be used to price jobs within an organizationCan be used to determine which jobs are substantially equal in terms of worth Can also help to determine which jobs should be equally compensated
What was the major purpose of the Bennett Amendment, and why did it fail in its appointed mission?
(39) VerifiedThe purpose of the Bennett Amendment was to ensure sex-based wage claims would apply EPA rules under Title VII and EPA Accordingly, any victorious EPA claim should also result in a Title VII victory The problem is differential wording and rules for relief between the EPA and Title VII For the EPA, one needs direct evidence of a violation For Title VII, one must prove that the discrimination was motivated by the individual's sex An EPA violation does not prove motive It is possible to have one without the other It is also easier and/or more appropriate, in several cases, to use the McDonnell-Burdine prima facie claim, given that it only requires presumptive evidence
What are the rules for assessing liquidated damages?
(34) VerifiedLiquidated damages are awarded for a willful violation Plaintiffs may be awarded 3 years of backpay instead of 2 and a doubling of the backpay awarded, usually enforced by the FLSA Plaintiffs have an extra year to file for willful violations 3 years rather than 2 and the defendant has the burden of proving that the violation is not willful
What are the four affirmative statutory defenses available for EPA claims?
(35) What are the major issues for compliance relating to the concept of "establishment"?
(31) What are the potential implications of the Paycheck Fairness Act if it becomes law at some future time?
(37) What is the difference between equal work and comparable worth? How have comparable worth claims fared in the courts?
(43) What evidence would you look for to determine that an employer's FOS defense is a pretext to cover up illegal gender-based wage discrimination?
(33) What are the major rulings involving market forces and prior salary in the FOS defense?
(40) Why was the Bennett Amendment inserted into the EPA shortly before it was passed by Congress?
(38) List and explain/define the three administrative procedures and associated remedies. What strategy should a plaintiff pursue to receive all three remedies?
(30) What types of jobs are still "crowded" by males and/or females and what factors do you see as being responsible for this crowding?
(40) What evidence would you look for to determine that two or more jobs are substantially equal or unequal in skill, effort, responsibilities and/or working conditions?
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