Employment & Labor Law for Public Safety Agencies

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Equal Pay Laws

     See Sex discrimination; also the EEOC's Equal Pay and Compensation Discrimination page at

     A woman who worked for the Federal Aviation Administration claimed that she performed the duties of a program analyst, but was not given the position or compensated for extra work she allegedly did. She asserted a claim for violations of the Equal Pay Act, asserting that she was not given the pay provided to male employees doing comparable work. Her equal pay claim failed because she had not provided a description of any "common core of tasks" or of the male employees' hours, duties, background, and qualifications. Her failure to promote Title VII sex discrimination claim failed as she had not shown that she ever actually applied for the job of program analyst she complained about not getting. Additionally, a Title VII unlawful retaliation claim failed when she did not prove that she ever complained about the alleged discrimination before measures were taken to remove her from what she characterized as more challenging duties. Jaburek v. Foxx, #15-2165, 2016 U.S. App. Lexis 474 (7th Cir.).

     Court declines to dismiss a suit filed by women police communication officers, who are paid less than all-male fire communication technicians for allegedly equal work. Ebbert v. Nassau County, #05-CV-5445, 2007 U.S. Dist. Lexis 58344, 101 FEP Cases (BNA) 764 (E.D.N.Y.).
     Federal appellate panel rejects Equal Pay Act claim; her duties differed from males that were paid more. Sims-Fingers v. City of Indianapolis, #06-2198, 2007 U.S. App. Lexis 15253 (7th Cir.).
     Salary differentials that are not based on gender do not violate the Equal Pay Act even if the reason for the discrepancy has an adverse impact on more women than men. Wernsing v. Dept. of Human Serv., #04-2225, 2005 U.S. App. Lexis 22725 (7th Cir. 2005). [2005 FP Dec]
     The fact that a male earned $5,000 more in starting salary for a position that a female had turned down does not establish a prima facie case under the Equal Pay Act. Ingram v. Brink's, #04-2343, 414 F.3d 222, 96 FEP Cases (BNA) 161, 2005 U.S. App. Lexis 14327 (1st Cir. 2005). {N/R}
     Because the cited positions were not similar, the plaintiff's unequal pay claim must fail. Her failure to promote claim also must fail because she rejected a promotion. Ingram v. Brink's, #04-2343 2005 U.S. App. Lexis 14327 (1st Cir. 2005). {N/R}

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