Discrimination & Disability
EQUAL PAY ACT
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EQUAL PAY ACT
The Equal Pay Act is an amendment to the Fair Labor Standards Act.
The Equal Pay Act requires employers to pay equal wages for equal work and outlaws pay discrimination between employee on the basis of sex and mental or physical handicap.
A plaintiff asserting an Equal Pay Act claim need not prove discriminatory intent to recover.
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EQUAL PAY ACT
To establish a prima facie case of wage discrimination under the Equal Pay Act, a plaintiff must prove that members of the opposite sex or other protected workers were paid higher wages for equal work requiring substantially similar skill, effort, and responsibilities and that the work was performed under similar working conditions.
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EQUAL PAY ACT
The burden then shifts to the employer to prove that the pay differential was made pursuant to a system based on (1) seniority; (2) merit; (3) quantity or quality of production; or (4) any other differential not based on sex. If the employer meets this burden, the employee may still prevail by showing that the employer’s reason is a pretext for discrimination.
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EQUAL PAY ACT
Back pay is one remedy allowed if an individual Plaintiff can establish the Act has been violated. The back pay may go back for a period of two years if the employers discrimination was merely negligent, or three years if the employer’s discrimination is found to be intentional.
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EQUAL PAY ACT
Note that retaliation against an employee complaining of having their rights violated under the Act is strictly prohibited. This requires the plaintiff to show that after filing the charge or internal complaint] only he, and not any similarly situated employee who did not file a charge or internal complaint, was subjected to an adverse employment action even though he was performing his job in a satisfactory manner.
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EQUAL PAY ACT
To establish a prima facie case of retaliation, a plaintiff must show that (a) he or she participated in a protected activity, (b) he or she performed his or her job in accordance with the employer’s legitimate expectations, (c) despite meeting those expectations, he or she suffered a materially adverse employment action, and (d) similarly situated employees who did not engage in protected activity were not treated in the same manner.
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