Challenge Yourself!

Emma and Miles are cashiers at a local fast food restaurant. They were hired at the same time, have similar work experience, perform the same job duties, and work the same hours. Two weeks after they began working at the restaurant, Emma learns that Miles is being paid one dollar an hour more than she is paid. When Emma complains to her manager, he lowers Miles's pay so that it is equal to Emma's pay. Did the restaurant discriminate against Emma?

1. A. No. Pay differences are only illegal if the difference in pay is substantial. A one dollar hourly pay difference is not a substantial difference.

   A is incorrect.
   The law requires that men and women in the same workplace receive equal pay for equal work. The size of the pay difference doesn't matter. Even a small difference in pay may be illegal.

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2. B. No. Federal law only protects employees who have worked for at least 30 days from discrimination, and Emma has only worked at the restaurant for 14 days.

   B is incorrect.
   Emma is protected from pay discrimination even though she has only worked at the restaurant for two weeks. There is no time limit on when a person is first protected from discrimination at work. As soon as a person applies for a job, he or she is protected from discrimination.

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3. C. No. The restaurant did not discriminate against Emma because it immediately fixed the problem when it learned that Miles and Emma were being paid differently.

   C is incorrect.
   Even though the restaurant took steps to fix the problem when it learned that Miles and Emma were being paid differently, the restaurant still discriminated against Emma by paying her less than Miles for at least two weeks. In addition, the restaurant didn't fix the problem correctly. It was illegal for the restaurant to respond to Emma's complaint by lowering Miles's pay. The restaurant should have increased Emma's pay so that it is equal to Miles's pay. The restaurant also should have given Emma back pay to cover the difference between what she was paid and what Miles was paid from the time they started working until the time Emma's pay was increased to the same level as Miles's pay.

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4. D. Yes. The restaurant discriminated against Emma by paying her less than Miles. It was also illegal for the restaurant to decrease Miles's pay.

   D is correct.
   The restaurant discriminated against Emma by paying her less than Miles. It was also illegal for the restaurant to respond to Emma's complaint by lowering Miles's pay. The restaurant should have increased Emma's pay so that it is equal to Miles's pay. The restaurant also should have given Emma back pay to cover the difference between what she was paid and what Miles was paid from the time they started working until the time Emma's pay was increased to the same level as Miles's pay.

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