Does their pay disparity violate the Equal Pay Act?
At first glance, you might argue that Jack and Sue face different working conditions because they work at different times of the day. The difference between day and night work generally doesn’t constitute a difference in working conditions, however. Rather, the hospital will likely be able to avoid liability under the Equal Pay Act’s “factor other than sex” catchall. According to that affirmative defense, the employer has to show that employees of both sexes had an equal opportunity to work either shift, the disparity in shift pay serves a business purpose, and gender wasn’t the reason it created the pay disparity. The hospital can easily show that its difference in pay meets a valid business purpose because working the night shift is less desirable, which makes it harder to recruit employees for that shift. Q: John, a data processor at a local hospital, has asked for a leave of absence because of an illness. The hospital has granted his request and has asked one of its female receptio
