EQUAL PAY ACT OF 1963 Flashcards
Does the EPA allow for a man to recover for alleged sex-based wage discrimination?
Yes. See Board of Regents v. Dawes, 522 F.2d 380 (8th Cir. 1975) (paying women more than men for substantially equal work violates the Equal Pay Act).
What does the EPA prohibit?
It prohibits an employer within any “establishment” in which employees are employed from paying lower wages to employees on the basis of sex for equal work for jobs that require equal skill, effort, and responsibility and which are performed under similar working conditions (unless a defense applies).
What are available defenses to an EPA claim?
The unequal payment is made pursuant to:
1. a seniority system;
2. a merit system;
3. a system which measures earnings by quantity or quality of production; or
4. a differential based on any other factor other than sex.
29 U.S.C. 206(d)
What is the statute of limitations for an EPA claim?
The EPA follows the FLSA’s statute of limitations. Thus, the time limit for filing an EPA charge with the EEOC and the time limit for going to court are the same: two years. Three years in the case of a willful violation.
T/F: the EPA requires a plaintiff to prove that the defendant intended to discriminate in the unequal payment of wages.
False. The EPA does not require proof of intent to discriminate.
T/F: the EPA does not follow the McDonnell-Douglas burden-shifting paragram.
True. The EPA follows a two-step burden shifting framework. Plaintiff must prove payment of unequal wages for equal work in similar conditions. Then, the defendant must establish an affirmative defense.
How many employees must an employer employ to be covered by the EPA?
There is no employee threshold under the EPA.
T/F: an employee is not required to file an administrative charge before filing a lawsuit in court.
True. The EPA has no requirement of filing administrative complaints.
What are the elements of an EPA claim?
- The plaintiff must establish a prima facie case by demonstrating that employees of the opposite sex were paid differently for performing equal work under similar working conditions.
- The burden of persuasion shifts to the employer to prove one of the four affirmative defenses listed in the EPA to explain why the wage disparity occurred.
T/F: the EPA permit a plaintiff to bring a hostile work environment claim.
False. There is no cause of action for hostile work environment under the EPA.
T/F: the EPA permits a plaintiff to bring a retaliation claim.
True. A provision of the Fair Labor Standards Act establishes a cause of action for retaliation against employees who assert rights under the FLSA or EPA.
What does the FLSA’s anti-retaliation provision prohibit as it relates to the EPA?
No person is allowed to discharge or otherwise discriminate against an employee because the employee filed a complaint or instituted a proceeding under the FLSA/EPA. You also cannot discharge or discriminate against an employee because they testified or are about to testify in such a proceeding.
What does “equal work” mean in the context of an EPA claim?
Equal work means that the two jobs share a common core of tasks. In other words, a significant portion of the jobs are identical. It does not mean everything in the work must be identical.
If two employees have two different job descriptions, can they still be engaged in “equal work” for EPA purposes?
Yes. An employer cannot just rely on different job descriptions to prove that the jobs are not equal. The question is what work was performed.
T/F: an employee must submit a written complaint to trigger the protections provided by the EPA’s anti-retaliation provision.
False. Both written and oral complaints are sufficient to fall within the anti-retaliation provision.
