Pay Discrimination

Assume an employee was able to make a prima facie case of pay discrimination. The burden has now shifted to the employer to prove that the pay differential was based on one of the legal factors other than sex. The specific fact scenario of the case is up to you; you may use a real life example or a fictional one. Begin your essay with a description of the facts (real or invented), be sure to include how you think she was able to prove the prima facie elements of pay discrimination. For the second part of this essay assume the role of attorney for the defendant/employer and argue that the pay difference was legitimate based on distinctions in one of the four compensable factors (skill, effort, responsibility, or working conditions). Also discuss any facts necessary to prove your case.

Your response should be at least 200 words in length.


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