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The Equal Pay Act (“EPA”) prohibits an employer from paying unequal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility and that are performed under similar working conditions within the same establishment. Jobs do not have to be identical to be considered “equal,” but they must be substantially equal. Whether two positions are substantially equal is determined based upon job content, not job titles or job descriptions.
Relevant factors to determine whether two jobs are equal include:
• Skill—as measured by the experience, ability, education, and training required to perform the job;
• Effort—as measured by the physical or mental exertion required to perform the job;
• Responsibility—as measured by the degree of accountability required in performing the job; and
• Working conditions—as determined by the physical surroundings (ie: temperature or ventilation) and hazards.
Pay differentials are permitted if the differences are based on seniority, merit, a system that measures earnings by quantity or quality of production, or another factor unrelated to gender. The burden of proving that a factor other than gender accounts for a pay differential falls on the employer.
To speak with an employment law attorney regarding the Equal Pay Act, contact the employment law attorneys at Clouse Dunn LLP at info@cdklawyers.com.
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