Employment Discrimination: Title VII and the Equal Pay Act: The Supreme Court Clarifies the Bennett Amendment
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Authors
Hicks, David G.
Issue Date
1982
Volume
15
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|County of Washington v. Gunther is a recent sex-discrimination case of significance, in which the Supreme Court clarified the meaning of the Bennett Amendment to Title VII of the Civil Rights Act of 1964, and its relationship with the Equal Pay Act of 1963. It is now clear that the Bennett Amendment to Title VII incorporates the four exemptions from the general mandate of equal treatment found in the Equal Pay Act, but does not incorporate one of its requirements, the equal work requirement, at least where sex differentiated wages are the result of intentional discrimination. Under circumstances of intentional discrimination, Title VII affords a remedy that is not available under the Equal Pay Act. Justice Brennan, writing for the majority, framed the issue as whether the Bennett Amendment "restricts Title VII's prohibition...
Description
Citation
15 Creighton L. Rev. 579 (1981-1982)
Publisher
Creighton University School of Law