117.2 Equal Pay Act (EPA)

In evaluating complaints of sex discrimination in compensation under the WFEA, the commission looks to the analysis followed under the federal Equal Pay Act. Under that analysis, a Complainant must show that the employer pays employees of different sexes differently for jobs requiring equal skill, effort and responsibility, which are performed under similar working conditions. If that showing is made, the employer is liable unless it proves the pay differential is the result of one of the following: (1) a seniority system; (2) a merit system; (3) a system which measures earnings by quantity or quality of production; or (4) any factor other than sex. Under the Equal Pay Act analysis, it is not necessary for a Complainant to prove intent to discriminate; an employer who pays different wages is automatically liable unless it proves one of the four defenses. The Respondent provided evidence of a merit-based pay system, and the Complainant did not show that reason was a pretext for discrimination. Hayes v. Home Care Med. (LIRC, 08/12/14).

The payment of pregnancy-related disability benefits to women does not violate the federal Equal Pay Act. Kimberly-Clark v. LIRC, 95 Wis. 2d 395, 291 N.W.2d 584 (Ct. App. 1980)