Which of the following is NOT a defense to claims of employment discrimination?

Which of the following is NOT a defense to claims of employment discrimination?

• A. Bona Fide Occupational Qualification
• B. Business necessity
• C. Equal Pay Act compliance
• D. Seniority systems

Answer: (C)

The Equal Pay Act compliance is not considered a defense to employment discrimination claims because it specifically addresses pay disparities based on gender, ensuring that men and women receive equal pay for equal work. Compliance with the Equal Pay Act is often an obligation rather than a defense in situations where discrimination claims arise regarding other forms of employment discrimination, such as those related to race, color, religion, sex, or national origin. On the other hand, bona fide occupational qualification, business necessity, and seniority systems serve as recognized defenses in discrimination claims. A bona fide occupational qualification allows for certain characteristics to be legally required for specific jobs, meaning that an employer may discriminate based on certain traits if they are essential for the role. Business necessity can justify an employment practice that may disproportionately affect a protected group if it is crucial for the operation of the business. Seniority systems, which reward employees based on their length of service, are generally accepted as a valid defense as long as they are applied consistently and do not result in discrimination against protected classes.

The Equal Pay Act compliance is not considered a defense to employment discrimination claims because it specifically addresses pay disparities based on gender, ensuring that men and women receive equal pay for equal work. Compliance with the Equal Pay Act is often an obligation rather than a defense in situations where discrimination claims arise regarding other forms of employment discrimination, such as those related to race, color, religion, sex, or national origin.

On the other hand, bona fide occupational qualification, business necessity, and seniority systems serve as recognized defenses in discrimination claims. A bona fide occupational qualification allows for certain characteristics to be legally required for specific jobs, meaning that an employer may discriminate based on certain traits if they are essential for the role. Business necessity can justify an employment practice that may disproportionately affect a protected group if it is crucial for the operation of the business. Seniority systems, which reward employees based on their length of service, are generally accepted as a valid defense as long as they are applied consistently and do not result in discrimination against protected classes.