Salima became a Certified Public Accountant in 2002. After working as a staff auditor and accountant for other companies, she was hired as an auditor by Moore Corp. in 2003. When she was hired, there were four male auditors in her area who had been with the company for several years and were classified as senior auditors. In 2004, Salima complained that she was receiving the same salary as a new male senior auditor, Rashid, even though she was doing the same work. When Rashid was brought in, Moore Corp. was in the process of divestiture and its policy was to fill positions with lateral transfers from other areas because of a promotion and hiring freeze. In 2005, Salima filed a complaint with the Equal Employment Opportunity Commission (EEOC) claiming that she was not being paid equally

Question

for equal work. Did Moore Corp. violate the Equal Pay Act by paying Salima less than the male accountants?

What will be an ideal response?

Answer 1

No. Under the Equal Pay Act, equal pay for equal work does not apply if the employer can prove that the difference in pay is due to "any factor other than sex." With the exception of Salima, the male senior auditors had extensive service with Moore Corp., and this seniority was reflected in their pay. Salima knew that longevity of service was reflected in salaries, and that she had been with Moore Corp. for a much shorter time than these employees. Rashid was hired in after Salima, but he was transferred from a management position with another division when that position was eliminated. Moore Corp. had a policy of placing employees from eliminated positions in other jobs at the same salary rather than downgrading or demoting them. Since this policy is not based on sex, it does not violate the Equal Pay Act.