EPA Flashcards
1
Q
Applies to?
A
EPA All public ERs. ----------- #s LEAD Aging for All of us. ----------- 1981, 1983, 1985 fLsa Epa ADa (pub serv) [emp = 15+] ADEA
2
Q
Who administers?
A
EEOC but since you’re busy dealing w/ a snake, you can sue w/o filing
3
Q
How initiate claim?
A
Can file w/ Court or EEOC.
~too busy smaqing snakes
~equal pay = equal emplymt
4
Q
What protections?
A
Only for wages.
Only for gender.
5
Q
State pre-requisites to filing claim.
A
None. File in court or EEOC.
6
Q
S/L
A
2 yrs.
3 yrs. for wilful.
7
Q
Sue indiv under EPA?
A
Yes.
8
Q
Prima Facie Case.
A
EPA ssss - snakes paying unequally ----------- Male & female doing 1. Substly equal wrk; 2. Substly equal skill, effort, and responsibility; 3. Similar working conditions; 4. Sex pd less. ----------- [shout 'EPA" when you apply a SMAQ to All Subtsly Similar snakes paying Wages to Sexes unequally]
9
Q
Who has burden of proof?
A
ER
Has B of Proof, not just B of production under Title 7
?????????
10
Q
What does ER have to prove?
A
EPA SMAQ ----------- [shout 'EPA" when you apply a SMAQ to All Subtsly Similar snakes paying Wages to Sexes unequally, cd take 2 or 3 yrs] ----------- 1. Seniority System; 2. Merit System; 3. Another non-sex reason; 4. Quality or quantity of production. -- - don't confuse Quality w/ title 7 Qualified - don't confuse w/ ADEA defenses BOSsDIE
11
Q
Burden
A
EPA ----------- 2 step. 1. EE shows opp sex pd differently. 2. ER shows defense.
12
Q
Intentional and/or Unintentional?
A
EPA ----------- Both! Intentional (3 yr) Unintentional (2 yr) ----------- [shout 'EPA" when you apply a SMAQ to All Subtsly Similar snakes paying Wages to Sexes unequally]
13
Q
What is UNIQUE need to file a claim?
A
Must have a comparator. If 1st woman toilet plunger in workplace, file Title 7 b/c no comparator.
14
Q
State 2 unique things about damages under EPA.
A
- Diff in comp during 2 (unintent) or 3 (intent) span
–PLUS– - Liquidated for willful, malicious, reckless:
Equal to amt of loss
∑ double dmgs (2 x back pay)
15
Q
EPA summary
A
EPA ----------- WEC Pays Less same Work, Effort, Conditions, Less pay ----------- Only wages, only sex. Must have comparator. 2 yrs vs. 3 yrs. Get liquidated for intentional (3 yrs).
