29 C.F.R. § 1620.25
Equalization of rates
Under the express terms of the EPA, when a prohibited sex-based wage differential has been proved, an employer can come into compliance only by raising the wage rate of the lower paid sex. The rate-reduction provision of the EPA prohibits an employer from attempting to cure a violation by hiring or transferring employees to perform the previously lower-paid job at the lower rate. Similarly, the departure of the higher paid sex from positions where a violation occurred, leaving only members of the lower paid sex being paid equally among themselves, does not cure the EPA violations.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2016–2022 · leading case: Trevor Schleicher v. Preferred Solutions, 831 F.3d 746 (6th Cir. 2016).
Trevor Schleicher v. Preferred Solutions, 831 F.3d 746 (6th Cir. 2016). “” 29 C.F.R. § 1620.25 (2016); see Corning Glass Works, 417 U.”
Korty v. Indiana Univ. Health, Inc. (N.D. Ind. 2022). “The section cited by Korty, 29 C.F.R. § 1620.25 , dealing with the equalization of rates only applies “when a prohibited sex-based wage differential has been proved” and in this case, Korty has not shown that IUH used a sex-based wage differential.”
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