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Questions # 9 - Essay Example

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It tends to offer remedy to the problem of the sex discrimination in wage setting (Johnson & Everhart, 2011). The application of the Equal pay Act…
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Questions # 9

Download file to see previous pages... e burden of explaining of showing that she receives relatively lower pay than a male co-employee, for undertaking work substantially equivalent in skill, effort and responsibility under the prevailing identical working circumstances (Johnson & Everhart, 2011). This comparison ought to be made factor by factor with an existing opposite comparator. Therefore, the formation of the prima facie case under the Equal Pay Act fundamentally hinges on the underlying selection of a proper comparator (Twomey, 2010). For instance in this case, John would be a proper comparator to Jena under the Equal Pay Act. This is because Jena was employed in order to handle complex accounting problems which required similar skills and responsibilities. Moreover, Jevan had more responsibilities than John (Johnson & Everhart, 2011).
Under these prevailing facts, the court will definitely observe that Jena meet her burden of depicting that she undertook work substantially equivalent in skill, effort and responsibility under the working conditions similar to the John’s. Indeed, Jena undertook more than that she and John are paid different salaries. Therefore, she can put forth an adequate prima facie case under the Equal Pay Act.
The outcome of the case falls firmly in the Fourth Circuit’s mainly established jurisprudence with regard to Equal Pay Act (Snell & Bohlander, 2013). In such cases Fourth Circuit is analyzed an Equal Pay Act claim within the higher education context. The court has affirmed either a grant of summary judgment or corresponding dismissal of the action based on the plaintiff’s failure to establish a prima facie (Twomey, 2010). Similarly, in cases where the prevailing plaintiff has identified a specific comparator, but the comparison clearly is an unsuitable one thus the Fourth Circuit must immediately uphold the summary of the judgment. In case Jena fails to establish a prima facie claim under the Act then it would be cumbersome for a plaintiff in an Equal Pay Act ...Download file to see next pagesRead More
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