![]() ![]() Pursuing Claims for Pay Discrimination Under the EPA Additionally, a comparison of jobs under the EPA may entail an evaluation of working conditions, such as physical surroundings or hazards. If a corporate representative holds a position that requires more accountability and responsibility than another position, this may justify difference in pay between the two positions. ![]() Similarly, under the EPA, a comparison of job responsibility turns on the degree of accountability required to perform the respective positions. If there is are two jobs within the same department, and one requires more effort (physically or mentally) than another, then lower payment for the job requiring less exertion may not violate the EPA or its regulations, regardless of whether that job is held by a female or male employee. Under the the EPA, a comparison of job effort looks to the amount of physical or mental exertion it takes to perform the necessary job requirements. If the degree is not specific to the job requirements, it does not need to be considered under the EPA. Therefore, two jobs could be considered equal under the EPA even if one of the employees holds a higher degree in another field. This means the skills required to complete the job, not what skills an individual employee has prior to taking the job. The comparative skills of job roles are measured by looking to the experience, ability, education and training required to perform their respective daily job requirements. Under the EPA, job factors and requirements are measured by looking to whether the job roles being compared entail substantially equal amounts of skill, effort, responsibility, and working conditions within the same establishment. Determination of job equality is based on the content and requirements of the job itself, not the job title. The jobs need not be identical, but they must be substantially equal. In short, the EPA requires that men and women be given equal pay for equal work in the same establishment. This ultimately covers all forms of compensation including: The forms of compensation in which the EPA requires equality include all payments made to or on behalf of employees as remuneration for employment. Equal pay act manual#Here’s a link to the EEOC Compliance Manual on compensation discrimination. Enacted in 1963, the EPA was an amendment to the Fair Labor Standards Act of 1938 (FLSA) and (under certain circumstances) is enforced by the Equal Employment Opportunity Commission (EEOC). The Equal Pay Act (EPA) prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort, and responsibility under similar working conditions. ![]()
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