w-4 - A pril 15 Notes CHAPTER 51EMPLOY MEN T LAW (contd)...

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April 15 Notes Alexandra Moxley CHAPTER 51–EMPLOYMENT LAW (cont’d) Equal Opportunity Legislation 1322 The Equal Pay Act 1322-1323 Equal Pay Act (EPA) - applies to all employers and employees (exec, admin, prof) - requires = pay (compensation/benefits) for men and women when they engage in “substantially = work” - equal effort (physical and mental) - equal skill - equal responsibility AND - same or similar working conditions -DEFENSES (for employer): 1. Bona Fide** seniority system 2. Bona fide** merit system 3. Quality or quantity production (ex. Piece work) 4. any factor other than gender *enforced by Equal Employment Opportunity Commission (EEOC) **bona fide = neutral and not discrimitory in practice *employees do not need to file w/ EEOC before bringing lawsuit CASE : Becknell vs Board of Education o Barrett preferred hiring a male for the assistant principal position for discipline purposes o Barrett denied the statements Becknell, woman who was passed up and had all requirements, unlike man chosen sued for sex discrimination in violation of Title VII Moved for summary judgment by ed, denied, in favor of Becknell
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Title VII 1323-1330 (skip “Section 1981”) Title VII of 1964 Civil Rights Act - applies to employers w/ 15 + - prohibits discrimination based on race, color, religion, gender or national origin - applies to ALL employment decisions (hiring, firing, benefits, pay, job assignments, promotion, training) Procedure o Plaintiffs must file a complaint with EEOC and allow agency to file a lawsuit or obtain resolution o If EEOC fails to file suit or resolve claim in 6 months, plaintiff may obtain a “right to sue” letter and file a civil lawsuit o Remedies may include compensatory damages (ex. Backpay for someone wrongly fired), reasonable attorney’s fees, and equitable
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w-4 - A pril 15 Notes CHAPTER 51EMPLOY MEN T LAW (contd)...

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