A . What is the difference between equal pay for equal work and equal pay for comparable worth? b. How is it possible to establish a claim for equal pay for comparable worth if the jobs are different jobs? c. Is equal pay for comparable worth covered by the federal employment discrimination laws? Explain

Answer 1

a . Equal pay for equal work means that men and women doing the same or virtually the same job must be paid equally for their work. Under the Equal Pay Act, there can be differences based upon seniority, merit, a system based upon quantity or quality of production, or any other factor except gender. However, the same salary schedule must apply and must be fairly administered. Courts have generally defined equal work to mean substantially equal rather than identical. Equal pay for comparable worth means that jobs that are different must be compensated equally when they demand comparable skills, effort, working conditions, responsibility, and mental demands.
b. The jobs must be measured through a rating system or job evaluation that is free of any potential gender bias. This is to be done through consistent application of objective criteria across job categories.
c. Equal pay for equal work is clearly covered by the Equal Pay Act. Title VII does not clearly cover equal pay for equal worth. However, women have sought redress under Title VII by arguing that failure to pay comparable worth is discrimination on the basis of sex. The United States Supreme Court has held that a claim of discriminatory undercompensation based on sex may be brought under Title VII, even where the plaintiffs were performing jobs different from those of their male counterparts. More than a dozen states have legislatively adopted requirements that public and private employers pay equally for comparable worth.