Which statement best describes illegal pay discrimination under the Equal Pay Act?

• A. Paying a male employee more for exactly the same work as a female employee
• B. Paying a female employee more due to seniority
• C. Paying a male and female employee different wages due to different roles
• D. Paying a male employee more for a different job demanding more skill but equal value

Answer: (B)

Under the Equal Pay Act, pay differences are illegal when men and women perform substantially equal work in the same workplace and are paid differently for that work. Substantially equal work means the jobs have similar skill, effort, responsibility, and working conditions. Differences are allowed only if they come from factors other than sex, such as neutral criteria like seniority, merit, production quantity or quality, or other non-sex-based factors.

Paying a male employee more for exactly the same work as a female employee is the clear illegal scenario, since there’s no legitimate, sex-neutral reason to justify a pay difference for identical duties. Paying a female employee more because of seniority can be legal if the seniority system is neutral and applied equally to all employees. Paying different wages due to different roles is allowed because the jobs are not substantially equal. Paying more for a different job that demands more skill but is of equal value is also permitted if the difference is based on the job’s requirements rather than on sex.