Sheniqua L. Watson v. Virginia Department of Agriculture and Consumer Services
Environmental Securities JusticiabilityDoctri
Can veteran status be used as a 'factor other than sex' affirmative defense for a job that does not require military service experience?
QUESTION(S) PRESENTED : Question 1: : The District Court for the Eastern District of Virginia Richmond Division and the United States District Court of Appeals for the Fourth Court accepts veteran status/military experience as a “factor other than sex” under the Equal Pay Act of 1963. Title VIJ of the Civil Rights Act of 1964: Veteran’s Special; Rights or Preference: sec. 2000e-11. [Section 712] Nothing contained in this subchapter shall be construed to repeal or modify any Federal, State, territorial, or local law creating special rights or preference for veterans and the Equal Employment Opportunity Commission’s position is, to qualify as a valid “factor other than sex” affirmative defense, veteran status should be job-related and applied Can veteran status be used as a “factor other than sex” affirmative defense for a job that does not require military service experience? Question 2: Can education be used as a “factor other than sex” affirmative defense for a job that has no mandatory higher education requirements? Question 3: Can employers segregate substantially equal comparators within the same department location, title and pay band during salary analysis? Question 4: Is the District Court for the Eastern District of Virginia Richmond Division and the United States District Court of Appeals for the Fourth Court interpretation of the Equal Pay Act statutes language “substantially equal” as “virtually identical” permissible? Question 5: Whether the courts erred in holding that Watson could not establish a prima facie case of discrimination under the EPA where the plaintiff made an initial showing that the defendant 1) paid different wages to employees of the opposite sex 2) performed equal work on a job requiring equal skill, effort and responsibility 3) under the same working conditions. Question 6: Whether a judge can refuse to review and acknowledge cited evidence? Question 7: When does legal error become judicial misconduct? : Vv .