Yes it is the violation of EPA as according to equal pay act, both men and women

Question

Yes it is the violation of EPA as according to equal pay act, both men and women employed at the same workplace must have similar salary. The salary ought to be essentially equal. This is the violation of EPA as it is proven by the fact that the counseling centre recently hired three additional staff members whose salaries are higher than Kate’s salaries. Since Kate has performed very well for the company. It is clear that she has been discriminated although she has been performing numerous tasks for heir employer. The equal pay act covers all sorts of pay including the slaary, bonus, overtime pay, bonus plans as well as profit sharing.therefere as indicated in the letter if there is an inequality, and then the employer is likely to fin means to equalize their pay but not lowering the salary of either sex. Title VII of the Civil Rights Act prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. Title VII bars all employment discrimination (including hiring, firing, and promotion as well as wage) in more categories (including race, color, religion, and national origin as well as sex).UNDER TITLE VII Kate can claim more money not only to recover lost wages but can seek money for pain and suffering. IF DR. BOSEMAN has specific proof of Kate’s poor performance during last years or so he can provide evidence to withdraw such claim upon him. There are a number of types of evidence you may need to obtain including: data, statements from other employees and document reviews. If DR. Boseman knows from his heart that he has done wrong with Kate then he must immediately address the internal issue, find the causes and ensure it does not happen again. In future he must try to give equal pay for the similar task showing equal performance by both male and female workers.

Explanation / Answer

Critical Thinking Application 10-B

Illegal Pay Discrimination, Bad Pay Policy, or Both?

The following letter was written by Ms. Julia Kate, a female associate, and addressed to the director of the clinical counseling center.

Dear Dr. Boseman:
The purpose of this letter is to request an assess-

ment of my salary in the context of my performance and responsibilities and the salary levels that have been set for three staff members recently hired by the Counseling Center. In the past year, the Center hired one male Ph.D. at $10,000 more than I earn and two unlicensed counselors (both male) at almost my identi- cal salary rate.

I believe my salary is extremely low given the following facts: (1) My job performance has been
rated at the highest level for all six years I have been on staff; (2) the recently hired Ph.D., a male, had no experience and performs the identical work I perform; (3) the recently hired M.Ed., a male, who is paid at the same level as I, had no experience in counseling. As you know, with the exception of the referrals to which I refer below, assignments of clients to staff members are based strictly on space available and not the possession of a particular staff member’s credentials.

While I recognize that credentials do translate into higher salaries for persons performing identical work, so too do other credentials such as the possession of an applicable license and qualifications and experience in supervising graduate student interns. I receive no ad- ditional compensation for this license despite the fact that it enables me to supervise interns while the two Master’s level associates hired do not possess such a license and thus cannot (and do not) supervise students. I have supervised graduate students since 1997. In ad- dition, I have a Master’s in Social Work (MSW), a ter- minal degree that, as a credential, has far more external marketability than the degrees possessed by the two new hires.

I am also the designated specialist who receives all referrals from the county regarding sexual assault and rape. I have had to use my expertise in this highly sensi- tive area on several occasions.

Rational (and legal) compensation systems set and adjust pay levels based on a number of factors, including the credentials, experience, supervisory responsibilities, and, of course, the job performance of the incumbents. Based on these factors, my salary is difficult to explain, especially when compared to the new staff of the Counseling Center.

Thank you for considering these issues. I look forward to your response. Ms. Julia Kate

Assignment

Write a one-page position paper. Is this a violation of the EPA? What about a Title VII violation? Does Ms. Kate have a case? If Dr. Boseman feels Ms. Kate has an EPA case, can he reduce the pay of the newly hired PhD to match Ms. Kate’s salary to erase the problem? Does it matter that the Counseling Center hired the male PhD 8 months ago? If so, how is this relevant in a Title VII claim? If you cannot take a position on the allegations, stipulate what specific additional information you need to reach a conclusion. The legal implications aside, what should Dr. Boseman do?

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