All bank vice presidents are not created equal (equal pay case)

In Tenkku v. Normandy Bank (8th Cir. 11/7/03), the Eighth Circuit affirmed summary judgment for the employer (a bank) on Equal Pay Act and Title VII gender-based pay disparity claims. Although the more highly paid male employees had the same title as the plaintiff — Vice President — each Vice President was responsible for a distinct bank department, and the plaintiff submitted no evidence comparing their resonsibilities with hers. “[N]either job classifications nor titles are dispositive for determining whether jobs are equal for purposes of the Equal Pay Act and Title VII.”

Equal pay claims are quite tough. In addition to requiring proof the jobs required equal skill, effort, and responsibility and were performed under similar conditions, there are several affirmative defenses available to employers, including the catch-all “any other factor other than sex.” That does not mean employers should not endeavor to have rationally based, objective compensation systems which avoid even the appearance of discriminatory treatment.

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Posted by George Lenard

on November 9, 2003

General