Compare wage rates within an establishment under the Equal Pay Act
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Within each establishment the file identifies, list the jobs, the wage rates, and any seniority system, merit system, quantity or quality system, or other factor the file records. Do not write a public statement, and do not decide that the work is equal.
- What the lawyer must review
- You decide whether the work is equal, and you write any statement that will be published. The Equal Pay Act, 29 U.S.C. § 206(d)(1), provides that no employer having employees subject to section 6 shall discriminate, within any establishment, between employees on the basis of sex by paying wages at a rate less than the rate paid to employees of the opposite sex in that establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. The prohibition does not apply where the payment is made under a seniority system, a merit system, a system which measures earnings by quantity or quality of production, or a differential based on any other factor other than sex. An employer who is paying a differential in violation of the subsection shall not reduce the wage rate of any employee in order to comply. The opened subsection does not require an employer to publish a gender pay gap statement. Title VII, 42 U.S.C. § 2000e-2(a), separately makes it an unlawful employment practice to discriminate with respect to compensation because of sex, or to classify employees in a way that deprives them of employment opportunities because of sex. A Title VII charge must be filed within 180 days after the alleged practice, or within 300 days if the person has initially instituted proceedings with a state or local agency with authority to grant or seek relief, or within 30 days after notice that the agency has terminated the proceedings, whichever is earlier. Do not treat those charge periods as periods stated in section 206(d). They are in 42 U.S.C. § 2000e-5(e)(1).
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Potential support includes identifying points for review. Confirm the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.