Women should be paid the same amount for the same work. Citing Title VII of the Civil Rights act, the Equal Pay Act, and the Fair Labor Standards Act, the EEOC dropped a bombshell on Denver University's Sturm School of Law this week, finding that their pay system resulted in widespread disparate pay negatively affecting female professors. The law school now has the opportunity to participate in mediation through the EEOC "conciliation" process, and faces potential liability for back pay and future wage increases, as well as the potential for other monetary and injunctive relief (including the potential for attorney fees).
According to a Denver Post article about the matter, the school has defended its pay policy as being merit-based, and said that gender plays no role in determining how much professors are paid. However, pay policies that result in gender inequality can be unlawful regardless of intention or the neutrality of the policy itself.
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