Cindy, age 41 and a graduate of Georgia Tech, has been working at AD Rogers steel plant as a "sheet roller" for 11 years and four months. Her normal working hours are from 11 p.m. to 7 a.m. Robert, who is 47 years old and graduated from Indiana University, has been working at the same plant as a "control operator classification 2" for 9 years and six months. He normally works from 9 a.m. to 5 p.m. When Robert is promoted to a "senior systems operator" (a job that both Robert and Cindy wanted), Cindy files a complaint and alleges that Robert's promotion violates the Equal Pay Act of 1963.

1. Discuss the basis on which Cindy might have a legitimate claim and the possible defenses that the employer might raise applying the laws and the facts of this particular case.