ou wouldn't think that employers would make a knowing, willing and intelligent effort to violate Equal Pay Act requirements, but examine black letter law

No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex. (emphasis supplied)

While the Congress tries to make the matter simple for the courts it is not always so. For example, this firm has successfully litigated the issue of whether baseball and softball coaching were dissimilar in character as a matter of law in the United States Court of Appeals. Because of and respecting nuances in the law, splits in circuit authority and every unexpected component in the entire landscape of a matter, what seems readily apparent and obvious after several years and tens of thousands of dollars in legal expenses isn't so obvious to all before the conclusion of a case. Fortunately for the Plaintiff, the attorney can expect, as a general rule, to be able to seek an award of attorneys fees and expenses in matters involving the violation of federal employment law from the violator.

Although the above passage speaks to pay, the concept broadens with other statutory protection into non-discriminatory benefits of employment, advancement opportunity, favorable work assignments and other matters. Come see us if you believe that you have been mistreated.