James and Alissa are both newly hired nurses at Memorial Hospital. However, James is paid more than Alissa. Based on the Equal Pay Act of 1963, which of the explanations provided below might make the pay difference legal?

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BlackTom AI · Accepted Answer

Let’s walk through each option to see whether it could justify a pay difference under the Equal Pay Act of 1963.
Option 1: 'Alissa is not an American citizen.' Citizenship status is not a permissible factor under the EPA for justifying pay differences. The act prohibits pay discrimination based on sex rather than immigration or citizenship status, so this reason would not legitimize unequal pay.
Option 2: 'James is younger than Alissa.' Age is not a protected status under the EPA in the context of wage discrimination; wage differences cannot be legally based on age to justify unequal pay for the same work. Therefore, this reason would not justify the pay gap under the act.
Option 3: 'James works the night shift.' Work schedule can be a factor allowed under the EPA if it is a permissible factor contributing to differences in pay and is not based on sex. If the night shift is a legitimate criterion that accounts for differences in responsibility, risk, or workload, and is applied without sex bias, it can justify a wage difference.
Option 4: 'James is more skilled than Alissa because he is a male.' This statement attributes higher skill to James solely because of gender, which is a discriminatory basis and exactly what the EPA prohibits. Using sex as a proxy for skill is illegal and would not justify unequal pay.
Option 5: 'Alissa is pregnant.' Pregnancy is a protected characteristic, and paying her less for being pregnant would be discriminatory. The EPA does not permit pay discrimination based on pregnancy status, so this would not be a lawful justification.
In summary, only options that reflect a legitimate, non-discriminatory, job-related difference (such as shift assignment) could justify a pay difference under the EPA; factors like citizenship, age, gender-based assumptions, or pregnancy cannot. The analysis shows that options tied to discriminatory or protected traits or statuses are invalid under the Act, while a non-discriminatory operational factor, if applicable and properly applied, could be legally permissible.

James and Alissa are both newly hired nurses at Memorial Hospital. However, James is paid more than Alissa. Based on the Equal Pay Act of 1963, which of the explanations provided below might make the pay difference legal?

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