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Case Study on Separate Pay Scales

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To decipher if it is (or was) legal to have separate pay scales for men and women in the case of the Female Guards vs. The County, the Equal Pay Act must first be examined.
The Equal Pay Act prohibits "employer[s] ... [from] discriminat[ing] … on the basis of sex by paying wages to employees [...] at a rate less than the rate [paid] to employees of the opposite sex [...] for equal work on jobs [requiring] equal skill, effort, and responsibility, and which are performed under similar working conditions[.]" To establish a prima facie case under the EPA, an employee must show that: 1. different wages are paid to employees of the opposite sex; AND 2. the employees perform substantially equal work on jobs requiring equal skill, effort and responsibility; AND 3. the jobs are performed under similar working conditions.
Therefore in the case of the female guards vs. the County, it was legal for the County to have separate wage scales for men and women. The facts given provide three reasons to support that position.
First, the facts provide that the female guards worked in a completely different section of the County jail than the male guards. This establishes that the jobs performed by the female guards’ counterparts were not performed under similar working conditions. With the lack of information providing details of the separate working conditions, it is fair to assume that they were not the same and that the employees with higher wages worked in worse conditions which warranted those wages.
Second, the case states that the female guards “were employed to guard female prisoners and to carry out certain other functions in the jail”. This shows that the job duties that the female guards performed were not substantially equal and did not require the same skill, effort, or responsibility as the job duties of their male counterparts. Those “other functions” (which were not disclosed) could have been clerical or cooking duties, which cannot be compared to the male guards’ functions.
Third, the case reveals that the County was able to eliminate the entire female section of the jail and transfer the female prisoners to another county. While the case provides no explanation for why this was done, it is safe to infer that the male section was more populated than the female section and they needed more room. With that assumption, the male guards had a larger work load than the female guards because they had more inmates to guard.
Although, the plaintiffs are able to show that different wages were paid to employees of the opposite sex, the other two conditions cannot be proven. The key thing to consider in this case is whether or not the decision to pay the female guards less wages than the male guards was based on the gender of the employees. It was not; therefore, it was legal to have different wage scales for men and women in this case.

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