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Bennett Amendment
The Bennett Amendment is a provision in §703(h) of Title VII of the United States Civil Rights Act of 1964 incorporating specific terms of the Equal Pay Act of 1963 to more clearly define under what circumstances an employer may provide different compensation to employees of different sex. The Amendment has invited debate on the extent to which it impacts the question of "comparable worth", including whether or not lawsuits may be brought when jobs are different, but judged by contrast on an importance continuum to jobs of higher pay. In 1981 the Supreme Court of the United States determined with respect to ''County of Washington v. Gunther'' that the Bennett Amendment explicitly incorporated only limited defenses to unequal pay and did not otherwise bar suits based on a comparison of payment for different jobs. Nevertheless, it has continued to be used to bar comparable worth suits in lower courts.
==Background==
While Title VII forbids employers to discriminate against employees on the basis of sex, the Bennett Amendment (proposed as Public Law 88-38 on June 10, 1963) 〔http://www.dotcr.ost.dot.gov/Documents/ycr/EQUALPAY.HTM〕provides exception, specifically noting that:〔(Title VII of the Civil Rights Act of 1964 ), U.S. Equal Employment Opportunity Commission. Retrieved 2008-10-12.〕
It shall not be an unlawful employment practice under this subchapter for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section 206(d) of title 29 (6(d) of the Fair Labor Standards Act of 1938, as amended ).
§206(d) of the Equal Pay Act allows differentiation of payment on (1) seniority, (2) merit, (3) productivity, or (4) any other factor than sex.
According to 2004's ''Employee Benefits Law'', the Amendment was proposed by Wallace F. Bennett, a Republican Senator from Utah as a "'technical' amendment" to bring the Civil Rights Act and the Equal Pay Act into accord.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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