Question 1

What are the protected classes and how is this interpreted?

Accepted Answer

The Equal Pay Act EPA of 1963 is a very narrow statute The only protected class covered under the EPA is sex Although the act was originally enacted to protect women, both genders are protected

Question 2

What are the covered entities and the minimum number of employees to be covered by the EPA?

Accepted Answer

The EPA covers private, state, local, and federal employees in enterprises "engaged in commerce" or "producing goods for commerce" Unlike Title VII, there is no minimum requirement for number of employees However, logic suggests an employer must have at least two employees; one of each sex

Question 3

What are the covered practices? Define what is included in each of the four components of the covered practices and indicate how these components are determined.

Accepted Answer

Covered Practices: The EPA outlaws unequal pay for substantially equal work in the following four categories: skill, effort, responsibility, and working conditions If there is a major difference in one of the four categories, the jobs are considered to be unequal and the EPA does not apply However, minor differences in one or more of the four categories are often considered to be equal work These components should be determined through a systematic job analysisComponent Definitionsi Skill: includes experience, training, education, and abilityii Effort: refers to physical and mental exertion necessary to perform a jobiii Responsibility: includes accountability and supervisory dutiesiv Working conditions: refers to the physical surroundings and hazards associated with a job

Question 4

What criteria did Hodgson v. Brookhaven (1970) establish as the three-prong tests for extra work?

Accepted Answer

The answer of What criteria did Hodgson v. Brookhaven (1970)...

Question 5

List and explain/define the three administrative procedures and associated remedies. What strategy should a plaintiff pursue to receive all three remedies?

Accepted Answer

The answer of List and explain/define the three administrative procedures...

Question 6

What are the three phases of the EPA judicial scenario?

Accepted Answer

The answer of What are the three phases of the...

Question 7

What are the four affirmative statutory defenses available for EPA claims?

Accepted Answer

The answer of What are the four affirmative statutory defenses...

Question 8

How is the concept of establishment defined?

Accepted Answer

The answer of How is the concept of establishment defined?...

Question 9

What was the purpose of the Bennett Amendment and how has it fared in court?

Accepted Answer

The answer of What was the purpose of the Bennett...

Question 10

What is the rationale against the Bennett Amendment?

Accepted Answer

The answer of What is the rationale against the Bennett...

Question 11

What is the difference between equal work and comparable worth? How have comparable worth claims fared in the courts?

Accepted Answer

The answer of What is the difference between equal work...

Question 12

How does the Ledbetter Fair Pay Act treat pay discrimination and how does this differ from Ledbetter v. Goodyear Tire (2007) Supreme Court ruling regarding the nature of pay decisions? To which laws does the Ledbetter Fair Pay Act apply?

Accepted Answer

The answer of How does the Ledbetter Fair Pay Act...

Question 13

What key historical issues paved the way for the EPA?

Accepted Answer

The answer of What key historical issues paved the way...

Question 14

Why was the Bennett Amendment inserted into the EPA shortly before it was passed by Congress?

Accepted Answer

The answer of Why was the Bennett Amendment inserted into...

Question 15

Why is the EPA a "surgical" statute?

Accepted Answer

The answer of Why is the EPA a "surgical" statute?...

Question 16

What evidence would you look for to determine that two or more jobs are substantially equal or unequal in skill, effort, responsibilities and/or working conditions?

Accepted Answer

The answer of What evidence would you look for to...

Question 17

What are the rules for assessing liquidated damages?

Accepted Answer

The answer of What are the rules for assessing liquidated...

Question 18

What major issues did the DOL address, and what major issues went unchallenged?

Accepted Answer

The answer of What major issues did the DOL address,...

Question 19

What remedies were left on the table by the DOL?

Accepted Answer

The answer of What remedies were left on the table...

Question 20

What major residual issues did the EEOC resolve after assuming control of the EPA?

Accepted Answer

The answer of What major residual issues did the EEOC...

Quiz 5: The Equal Pay Act of 196