Defending the "Acceptable Business Reason" Requirement of the Equal Pay Act: A Response to the Challenges of Wernsing V. Department of Human Services‪.‬

I. INTRODUCTION Historically, female employees have earned less than male employees for substantially similar work. (1) This trend, known as the gender wage gap, (2) continues today and is demonstrable in almost every sector. (3) Modern social scientists posit competing theories about why it exists. Under choice theory, it is suggested that women consistently earn less because they make different choices in their careers. (4) For example, female employees are more likely to exit the workforce in order to become full-time parents than male employees. Thus, the theory makes the normative claim that male employees earn more on average than female employees because males more frequently make choices that are more conducive to career advancements. (5) Another theory, the discrimination theory, states that female employees earn less on average because employers continue to employ discriminatory payment systems. (6) As evidence supporting this argument, research suggests that women even earn substantially less in positions of power, such as corporate executives. (7)