True to the priorities the EEOC announced in its Strategic Enforcement Plan, the EEOC has taken another step to enforce compliance with equal pay laws in its recent lawsuit against fast-food chain Checkers. More after the break.
The EEOC alleges in the lawsuit that Checkers paid female shift managers and cashiers/sandwich makers lower wages than their male counterparts even though they performed the same duties. The EEOC further claims, in what it calls a “double whammy of discrimination,” that Checkers routinely scheduled female shift managers and cashiers/sandwich makers 5 to 10 hours per week less than their male counterparts, and that during slow times, the restaurant manager cut short the shifts of female employees, while allowing male employees to work a full eight-hour shift.
The alleged conduct violates the Equal Pay Act of 1963 (“EPA”) and Title VII of the Civil Rights Act of 1964. The EPA, which is part of the Fair Labor Standards Act of 1938, as amended (FLSA), and which is administered and enforced by the EEOC, prohibits sex-based wage discrimination between men and women in the same establishment who perform jobs that require substantially equal skill, effort and responsibility under similar working conditions. Title VII prohibits employers from discriminating against employees based on gender with respect to compensation, terms, conditions, or privileges of employment.
This case is one of several pay discrimination cases the EEOC has recently brought. The EEOC is seeking compensatory and punitive damages, as well as injunctive relief to prevent further alleged discrimination.