Tough Standards for Equal Pay Act Cases

Here's another Equal Pay Act case, this time on the East Coast. These decisions are noteworthy for a couple of reasons. They provide an extremely problematic avenue for employers dealing with differential compensation claims based on gender because intent is not a factor. Moreover, they are rarely covered by employment practices liability insurance.Once an EPA plaintiff establishes a prima facie case of discrimination by demonstrating that an employer paid different wages to a woman for comparable work on jobs requiring equal skill, effort and responsibility, which are performed under similar working conditions, then discrimination is presumed. To defend a prima facie case, an employer must show one of four applicable affirmative defenses. Those defenses are a seniority system, a merit system, a pay system based on quantity or quality of output, or disparity based on any factor other than gender.In this case, EEOC v. Maryland Insurance Administration, the defendant was a…

Read more detail on Recent Employment Law posts –

This entry was posted in Employment and Labour Law and tagged , , , . Bookmark the permalink.

Leave a Reply