Under the Equal Pay Act, an employer must pay both men and women equally if they perform equal work.  That raises the question of what equal work means.  The statute itself helps with this question a little bit.  The text of the statute states that work is considered equal if the performance of both jobs

“[I]n her response to [employer’s] motion for summary judgment, [employee] also pointed out that [employer] did not renew the contract of other female employees who had supported [employee’s] complaint during the investigation. . .  [a]s such, the district court’s analysis overlooks [employee’s] reliance on the termination of two other female employees who supported [her] complaint

“[Plaintiff] presented sufficient testimony about the positions and relationships between members of the Board….  Those relationships and positions were evidence that suggested the influence [members] with racial animus could exert on the Board such that the Board would be the “cat’s paw” of the actor with discriminatory intent.”

Dulin v. Board of Comm’rs of Greenwood