SPHR Human Resources

Answer - B - Diversity is not considered to be an affirmative defense under the Equal Pay Act.

Key Takeaway: Options A, C, and D are not the best choices, since seniority, quality of production, and merit would all be considered affirmative defenses under the Equal Pay Act. The Equal Pay Act was an amended to the FLSA in 1963 and was the first antidiscrimination act to protect women. Equal pay for equal work applies to job with similar working conditions, skill, effort, and responsibilities. The Equal Pay Act applies to employers and employees covered by the FLSA and is administered and enforced by the Equal Employment Opportunity Commission (EEOC).