Now that Congress has enacted the Lilly Ledbetter Fair Pay Act, it is more important than ever for employers to keep applications and other supporting documents as proof that they set wages fairly and without regard to gender.
Employers can use applications that include former jobs, duties, education and training information to show that any pay difference between men and women is based on factors other than sex.
Recent case: Connie Kolarik sued Home Depot, alleging it paid her less than her male counterparts. But Home Depot had extensive records showing how it set starting wages based on specific experience, education and training.
The court tossed out the case, reasoning that in each case Kolarik cited, the retailer had a legitimate business reason for the higher wages earned by men. (EEOC v. Home Depot, No. 4:07-CV-0143, ND OH, 2009)
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