Key Developments In Equal Pay Litigation: Appellate Courts Refuse To Clarify Proper Use Of A "One-Comparator Rule"

Seyfarth Synopsis: One issue that has consistently divided the federal courts is whether an equal pay plaintiff can establish a prima faciecase of wage discrimination by pointing to a single comparator of the opposite sex who is paid more, even where other comparators are paid the same or even less. Two Appellate Courts recently passed on an opportunity to clarify this issue for the lower courts. This lack of clarity has real-world consequences for employers.

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This is the third in a series of posts examining the new and developing trends in equal pay litigation identified in Seyfarth's yearly publication, Developments in Equal Pay Litigation, 2024 Update. The two previous posts can be found here and here.