Final answer:
The employer does indeed bear the burden of proving that there is a legal justification for any disparities in wages between male and female workers, according to the Equal Pay Act of 1963. This law requires equal pay for equal work, and despite this, earnings gaps can exist that must be justified by the employer if challenged.
Step-by-step explanation:
The statement that the employer bears the burden of proving that there is a legal justification for paying unequal wages to male and female workers is True. According to the Equal Pay Act of 1963 (EPA), it is illegal to pay different wages to men and women if they perform equal work in the same workplace. The EPA mandates that employers must provide equal pay for jobs that require equal skill, effort, and responsibility, and are performed under similar working conditions.
When an earnings gap exists, it does not immediately prove discrimination; productivity characteristics must be comparable, accounting for education, experience, and expertise. To bring a successful discrimination lawsuit, based on gender or race, the plaintiff must demonstrate that their pay is less than another employee of a different gender or race for a similar job with similar qualifications. If an employer is accused of discrimination, they are responsible for disproving these claims by showing that any disparities in pay are due to legitimate factors.