Seyfarth Synopsis: In an unusual
opinion considering an issue raised by the plaintiff for the first
time on appeal, the Second Circuit clarifies that unlike under the
Equal Pay Act, Title VII plaintiffs need not show "equal work
for unequal pay" to succeed on a pay discrimination claim.
This case demonstrates that plaintiffs have options when bringing
such claims and underscores the different challenges employers face
under the different statutory schemes.
On December 6, 2019, the Second Circuit Court of Appeals vacated
in part a summary judgment ruling that had dismissed a
plaintiff's pay equity claims against her former employer. The
plaintiff had alleged, in relevant part, violations of the Equal
Pay Act ("EPA") and Title VII related to the setting of
her compensation. The District Court for the Eastern District of
New York dismissed her claims because she had failed to prove she
performed equal work for unequal pay, as she was the only employee
in her position
