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...
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