Another theory about equal pay between male and female employees is comparable worth, which claims that women are paid less than men because employers underestimate their value. In other words, under this theory women are being discriminated against by their employers based on their gender in violation of Title VII because they are paid less than males for their work but provide the same value to the company. These claims can only be brought under Title VII and not under EPA.
The AFSCME case discussed in the text summarizes some of the essential arguments against comparable worth: that it is not disparate treatment, because setting wages by market conditions does not constitute intentional gender discrimination; and that it is not disparate impact because “market conditions” do not constitute a single, facially neutral selection factor, but are a complex combination of many factors. It is not widely accepted as a form of illegal gender discrimination.