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· 2/2/2001

Barbara Lavin-Mceleney, Plaintiff-Appellee-Cross-Appellant v. Marist College, Defendant-Appellant-Cross-Appellee

Citations

  • 239 F.3d 476
  • 2001 U.S. App. LEXIS 1503
  • 84 Fair Empl. Prac. Cas. (BNA) 1761

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that statistical evidence of a gender-based pay disparity could be used to establish liability in an EPA claim if offered along with a specifical comparator
  • holding that plaintiff, who identified a specific male comparator, can also compare herself to a statistical composite of comparable male employees in order to establish EPA liability as well as to calculate damages
  • noting that “a Title VII disparate treatment claim requires a showing of discriminatory intent, while an Equal Pay Act claim does not”
  • finding that an employee’s rank, years of service, and degrees earned can be used to isolate comparable positions because they accurately capture equality of skill, effort, and responsibility
  • noting that 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.”
  • identifying a single male comparator whose salary was known, and otherwise allowing a statistical composite of male faculty members to support the plaintiff's prima facie case

Source: CourtListener parenthetical corpus (CC0).

Judges: Walker, Kearse, Pooler

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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