''Corning Glass Works v Brennan '

(1974) is a

US labor law United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "org ...

case, concerning discrimination.

Facts

Brennan and others, who were employed at the

Corning Glass Works Corning Incorporated is an American multinational technology company that specializes in specialty glass, ceramics, and related materials and technologies including advanced optics, primarily for industrial and scientific applications. The co ...

, claimed unlawful discrimination because men worked on night shifts and were paid more, while women were only allowed to work on day shifts and were paid less. The employer argued that there was no unequal pay, because the jobs were different: the time of day when work was performed should be considered when determining if ‘working conditions’ were sufficiently similar. They argued this was a legitimate defense, that pay differences result from a seniority or merit system unrelated to sex under the

Fair Labor Standards Act of 1938 The Fair Labor Standards Act of 1938 (FLSA) is a United States labor law that creates the right to a minimum wage, and " time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits employment of minors in "opp ...

, 29 USC §206(d)(1).

Judgment

The Supreme Court held that although women plaintiffs worked at different times in the day, compared to male colleagues, the working conditions were "sufficiently similar" and the claim was allowed. ‘Working conditions’ means both ‘surroundings’ and ‘hazards’.

Notes

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References

* United States labor case law United States employment discrimination case law United States gender discrimination case law

Facts

Judgment

See also

Notes

References