Equal Pay Litigation Trends Update: One Comparator, Two Comparators, Three Comparators, More? Courts Revisit The One-Comparator Rule

Seyfarth Synopsis: This is the second in a series of posts that investigate trends in equal pay litigation resulting from the recent uptick in the number and quality of equal pay lawsuits. This post examines how courts are interpreting an equal pay plaintiff's obligation to establish a prima facie case. In particular, can they do so by comparing themselves to just one comparator who earned more than they did, even if there are other comparators who earned less or whose compensation would otherwise tend to negate an inference of discrimination? Ambiguity about how this works is a particularly vexing issue for many employers who are constantly on the lookout to ensure their pay practices are not discriminatory. Blind and unreasonable application of a "one comparator" rule by the courts often undermines employers' efforts to evaluate their pay practices and weigh their liability risk.