context: In comparing the provisions of the ADEA disapproved in Kimel, and the remedial scheme of the Equal Pay Act, perhaps the most significant difference between the two statutes is in the exemptions from liability provided to employers once a prima, facie case of discrimination has been made. In Kimel, the Supreme Court stated that, despite the narrowly-construed "bona fide occupational qualification" defense from liability under the ADEA, "the Act's substantive requirements nevertheless remain at a level akin to our heightened scrutiny cases under the Equal Protection Clause."
citation_a.signal: see
citation_a.parenthetical: stating that "[t]he fourth affirmative defense of the Equal Pay Act ... was designed ... to confine the application of the Act to wage differentials attributable to sex discrimination"
citation_a.sentence: See Gunther, 452 U.S. at 170, 101 S.Ct. 2242 (stating that “[t]he fourth affirmative defense of the Equal Pay Act ... was designed ... to confine the application of the Act to wage differentials attributable to sex discrimination”); see also Feeney, 442 U.S. at 275, 99 S.Ct. 2282 (stating that where an action “could not be plausibly explained on a neutral ground, impact itself would signal that the real classification made ... was in fact not neutral”).
citation_b.signal: see also
citation_b.parenthetical: stating that where an action "could not be plausibly explained on a neutral ground, impact itself would signal that the real classification made ... was in fact not neutral"
citation_b.sentence: See Gunther, 452 U.S. at 170, 101 S.Ct. 2242 (stating that “[t]he fourth affirmative defense of the Equal Pay Act ... was designed ... to confine the application of the Act to wage differentials attributable to sex discrimination”); see also Feeney, 442 U.S. at 275, 99 S.Ct. 2282 (stating that where an action “could not be plausibly explained on a neutral ground, impact itself would signal that the real classification made ... was in fact not neutral”).