Question 1

What are the covered practices? Define what is included in each of the four components of the covered practices and indicate how these components are determined.

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Question 2

Why wouldn't convincing evidence of unequal pay for unequal work necessarily imply that the motive for the unequal pay was the intention to discriminate against women?

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Question 3

What are the protected classes and how is this interpreted?

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Question 4

What are the covered entities and the minimum number of employees to be covered by the EPA?

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Question 5

What are the major issues for compliance relating to wages and fringe benefits, past salary, and market forces?

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Question 6

How is the concept of establishment defined?

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Question 7

What major issues did the DOL address, and what major issues went unchallenged?

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Question 8

What was the purpose of the Bennett Amendment and how has it fared in court?

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Question 9

What major residual issues did the EEOC resolve after assuming control of the EPA?

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Question 10

In your opinion, is comparable worth a valid reason for adjusting pay scales, or should decisions be based exclusively on market forces?

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Question 11

What major issues has the EEOC addressed since assuming control?

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Question 12

What are some of the immediate lower court rulings in the wake of the Ledbetter Act of 2009?

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Question 13

What were the facts and major ruling in Ledbetter v. Goodyear Tire (2007)?

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Question 14

What criteria did Hodgson v. Brookhaven (1970) establish as the three-prong tests for extra work?

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Question 15

How does the Ledbetter Fair Pay Act treat pay discrimination and how does this differ from Ledbetter v. Goodyear Tire (2007) Supreme Court ruling regarding the nature of pay decisions? To which laws does the Ledbetter Fair Pay Act apply?

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Question 16

What are arguments that favor equal pay for comparable work?

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Question 17

Why is the EPA a "surgical" statute?

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Exam 5: The Equal Pay Act of 196