Question

2. A female worked for a city government as a "HR Analyst—classification and compensation." She earned a salary equivalent to $31.01 on an hourly basis. A male HR Analyst working for the same city at the same time earned a salary equivalent to $32.93 per hour. The job descriptions for their two positions were not identical, although the city’s HR Director said that she considered the jobs to be equal. The woman’s position required a bachelor’s degree and five years of experience. The male’s position required either a bachelor’s degree with two years of experience or an associate’s degree and five years of experience. The city offered several reasons for the differential in pay between the two employees. The male employee had worked at least fifteen more years for the city, although he had fewer years as an HR Analyst and a lengthy break-in-service had caused him to lose seniority credit for his earlier city work. The city also cited the male’s "citywide" experience as a basis for his higher pay, as he had moved between several different departments over the years. However, citywide experience was not listed on his job description or anywhere else as a requirement or preference. Lastly, the city attributed the male’s higher pay to his compensation history. His pay level during his previous stint with the city was taken into account in setting his pay when he was rehired. The female sued for pay discrimination under the Equal Pay Act. What should the court decide

Answer 1

According to the Equal Pay Act, the situation presented is an example of wage discrimination based on gender.

The Equal Pay Act is a United States labor law passed in 1963. This law was created to abolish the gender pay gap.

According to this law, employers (public and private) are prohibited from paying differentiated salaries based on sex in jobs that require equal skills, effort and responsibilities, and that are performed under similar working conditions.

Based on the Equal Pay law, the situation of two employees of different sex who perform a job as HR Analyst - classification and compensation and receive different salary if it is discriminatory due to:

• Are employees of the same employer
• They perform the same tasks with the same skill, effort, and responsibility requirements.
• They are in similar or equal working conditions.

According to the foregoing, it can be inferred that it is a differential treatment based on discrimination based on sex.

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