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The key issue is what skills are required to do the job and not what skills the individual employees may have.
Effort -- is the quantity of physical or mental exertion that is needed to perform the job. If the job requires more effort than the other jobs and if that extra effort is substantial and is a regular part of the job then it would not be a violation to pay that person more, regardless of whether the job is held by a man or a woman.
Responsibility -- is the degree of responsibility that is required in performing the job.
Working Conditions - this includes two factors: (1) physical surroundings like temperature, fumes, and ventilation, and (2) hazards.
Establishment -- is the prohibition against compensation discrimination under the EPA and applies to any jobs within any establishment. An establishment is a distinctive physical place of business rather than an entire business or enterprise consisting of several places of business. In some situations, physically separate places of business are treated as one establishment. (Equal Pay Act Law & Legal Definition, 2010).
If salary differences are based on any criteria other than sex, or any of the other protected classifications, the employer will not be in violation of the Act. Examples of other criteria include: seniority, merit, quality or quantity of work (Equal Pay Act, 2004). Reimbursement under the Equal Pay Act is the same as for Title VII of the Civil Rights Act of 1964 (Title VII). If the court finds that an employer acted deliberately, it also may be liable for liquidated damages for double fines. In order for a person to establish a case against an employer under the Equal Pay Act, an employee must first show...
Then they must show that the other employees are receiving higher wages performing substantially equal work on jobs requiring equal skill, effort, and responsibility. And finally, they must show that the jobs are performed under similar working conditions (Equal Pay Act -- EPA, 2010).
The Equal Pay Act is just one of many employment laws that exist that control how employers do business. This law surrounds how employers pay their employees. They must pay people equal pay for equal work. It is against the law to differentiate wages based solely on gender. There are some criteria under which it is alright to pay individuals different wages for doing the same job. All of the things that surround this law are things that must be well-known by the human resources department in order to make sure that the company is not in violation.
References
Equal Pay Act. (2004). Retrieved January 30, 2010, from Tennessee Employment Center Web
site: http://www.tennesseeemploymentlawcenter.com/equal_pay_act.html
Equal Pay Act. (2010). Retrieved January 30, 2010, from Answers.com Web site:
http://www.answers.com/topic/equal-pay-for-women
http://www.hrhero.com/topics/epa.html
Definitions Web site: http://definitions.uslegal.com/e/equal-pay-act/
http://www.infoplease.com/spot/equalpayact1.html
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