Deck 5: The Equal Pay Act of 196

Question 1

What are the protected classes and how is this interpreted?

Answer 1

The Equal Pay Act EPA of 1963 is a very narrow statute The only protected class covered under the EPA is sex Although the act was originally enacted to protect women, both genders are protected

Question 2

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

Answer 2

The EPA covers private, state, local, and federal employees in enterprises "engaged in commerce" or "producing goods for commerce" Unlike Title VII, there is no minimum requirement for number of employees However, logic suggests an employer must have at least two employees; one of each sex

Question 3

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.

Answer 3

Covered Practices: The EPA outlaws unequal pay for substantially equal work in the following four categories: skill, effort, responsibility, and working conditions If there is a major difference in one of the four categories, the jobs are considered to be unequal and the EPA does not apply However, minor differences in one or more of the four categories are often considered to be equal work These components should be determined through a systematic job analysisComponent Definitionsi Skill: includes experience, training, education, and abilityii Effort: refers to physical and mental exertion necessary to perform a jobiii Responsibility: includes accountability and supervisory dutiesiv Working conditions: refers to the physical surroundings and hazards associated with a job

Question 4

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

Question 5

List and explain/define the three administrative procedures and associated remedies. What strategy should a plaintiff pursue to receive all three remedies?

Question 6

What are the three phases of the EPA judicial scenario?

Question 7

What are the four affirmative statutory defenses available for EPA claims?

Question 8

How is the concept of establishment defined?

Question 9

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

Question 10

What is the rationale against the Bennett Amendment?

Question 11

What is the difference between equal work and comparable worth? How have comparable worth claims fared in the courts?

Question 12

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?

Question 13

What key historical issues paved the way for the EPA?

Question 14

Why was the Bennett Amendment inserted into the EPA shortly before it was passed by Congress?

Question 15

Why is the EPA a "surgical" statute?

Question 16

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?

Question 17

What are the rules for assessing liquidated damages?

Question 18

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

Question 19

What remedies were left on the table by the DOL?

Question 20

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

Question 21

What major issues has the EEOC addressed since assuming control?

Question 22

What was the major purpose of the Bennett Amendment, and why did it fail in its appointed mission?

Question 23

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?

Question 24

What are arguments that favor equal pay for comparable work?

Question 25

Why have these arguments been thwarted in the courts?

Question 26

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

Question 27

What are the major rulings involving market forces and prior salary in the FOS defense?

Question 28

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?

Question 29

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

Question 30

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

Question 31

What are the potential implications of the Paycheck Fairness Act if it becomes law at some future time?

Question 32

What are the major issues for compliance relating to the concept of "establishment"?

Question 33

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

Question 34

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?

Question 35

How are performance evaluations relevant to equal pay?

Question 36

What types of jobs are still "crowded" by males and/or females and what factors do you see as being responsible for this crowding?

Question 37

What are the pros and cons of pay secrecy policies?