· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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