1) The plaintiff must make out a
prima facie case that she is performing equal work but receiving less pay than a male employee in the same establishment.
2) An employer may show that difference in pay is attributable to sex-neutral systems:
a) Seniority system
b) Merit system
c) A system that measures earnings by quality or quantity of work
d) A premium for completing a bona fide training program
3) An employer may show the difference in pay is based on any other factor other than sex.
American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006
