Not only must you be vigilant in preventing workplace sexual harassment in the age of #MeToo, but you also may face an uphill battle in defending against gender-based pay discrimination claims under the Equal Pay Act (EPA), according to a new decision from the U.S. 4th Circuit Court of Appeals—which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia.
While EPA claims currently may not be as common as claims brought under Title VII of the Civil Rights Act of 1964, that could change in light of the 4th Circuit’s recent decision in the case of the Equal Employment Opportunity Commission v. The Maryland Insurance Administration. Whereas Title VII merely requires an employer to provide a reason that explains a wage disparity, the Equal Pay Act requires that you prove that your reason actually explains the wage difference between male and female employees.
Jayna Genti takes a closer look at the case in the online article “Employers Face Heavy Burden When Defending EPA Claims” for the HR Daily Advisor. Along with her analysis of the case and its relevant applications, Jayna offers some “best practices” advice for employers on documenting complaints and actions. To read Jayna’s article, click here.