What is the test to prove discrimination under the Equal Pay Act?

To prove discrimination under the Equal Pay Act, a plaintiff must show that: "i) the employer pays different wages to employees of the opposite sex; ii) the employees perform equal work on jobs requiring equal skill, effort, and responsibility; and iii) the jobs are performed under similar working conditions." Belfi v. Prendergast, 191 F.3d 129, 135 (2d Cir. 1999) (internal quotation marks omitted); see also 29 U.S.C. 206(d)(1). With regard to the second point, "[a] plaintiff need not demonstrate that her job is identical to a higher paid position, but only must show that the two positions are 'substantially equal'" in skill, effort, and responsibility. Tomka v. Seiler Corp., 66 F.3d 1295, 1310 (2d Cir. 1995).

A. The Existence of a Male Comparator