The plaintiff, Aileen Rizo, is an employee of the public schools in Fresno County. After discovering that
Question:
The plaintiff, Aileen Rizo, is an employee of the public schools in Fresno County. After discovering that the County paid her less than her male counterparts for the same work, she brought this action under the Equal Pay Act. When the County moved for summary judgment, it conceded that it paid the plaintiff less than comparable male employees for the same work. However, it argued that this result was lawful because the pay differential was “based on any other factor other than sex,” an affirmative defense to a claim under the Equal Pay Act. This other factor was prior salary. The court granted motion for summary judgment for the County. Plaintiff appeals from that decision. Is “prior salary” alone a sufficient defense to violation of the Equal Pay Act? Why or why not?
Step by Step Answer:
Dynamic Business Law
ISBN: 9781260247893
5th Edition
Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs