Employment — Equal Pay Act

Listen to this article

United States Court of Appeals For the Seventh Circuit

Civil

Employment — Equal Pay Act

To defeat a claim under the Equal Pay Act, an employer must show that education and experience ere actual factors in employee compensation.

“Acosta’s national management set pay scales that were supposed to constrain the discretion of the regional general managers. In 2007 the pay scale for business managers ran from $51,600 to $88,400 a year, with a target median of $73,700. King and all but one of the other women were paid less than the low end of the scale, and all were paid less than the target median. Five men were paid more than the top end of the scale, and seven received more than the target median. Moe had no explanation for how men’s salaries had become so far out of line, or why women were not paid even the minimum. King has an explanation—sex discrimination— and a reasonable juror could conclude that King is right.”

Affirmed in part, and Reversed in part.

11-3617 King v. Acosta Sales & Marketing, Inc.

Appeal from the United States District Court for the Northern District of Illinois, Gettleman, J., Easterbrook, J.