If you pay women and men different rates for doing the same work, you had better have a good reason—one that can stand up in court. Otherwise, you’ll probably wind up on the losing end of an Equal Pay Act (EPA) lawsuit.
To win, it won’t be enough to rattle off a string of possible reasons. You will have to show the court exactly how each factor you claim explains the pay differential was applied in each case.
That means tracking compensation throughout an employee’s time with the company and clearly documenting (with concrete, neutral reasons other than sex) each increase, decrease, raise and promotion.
Recent case: Food broker Susan King quit her job with Acosta Sales after six years, having tired of what she described as sexual harassment and sex discrimination in pay. She sued, alleging sexual harassment and violations of the EPA.
The court tossed out her sexual harassment claim, reasoning that nothing she describ...(register to read more)