Thursday, June 13, 2019
Questions # 9 Essay Example | Topics and Well Written Essays - 1000 words
Questions 9 - Essay Examplee burden of explaining of showing that she receives relatively lower pay than a male co-employee, for confinement work substantially equivalent in skill, effort and responsibility under the prevailing identical working circumstances (Johnson & Everhart, 2011). This comparison ought to be made cipher by factor with an existing opposite comparator. Therefore, the formation of the prima facie causal agency under the equalise Pay work on fundamentally hinges on the underlying woof 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 cover 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 line drawing that she undertook work substan tially equivalent in skill, effort and responsibility under the working conditions similar to the Johns. Indeed, Jena undertook more than that she and John are paid opposite 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 quarter Circuits 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 like dismissal of the action based on the plaintiffs 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
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