In an unpublished opinion, a unanimous panel from the U.S. 4th Circuit Court of Appeals (whose rulings apply to employers in South Carolina, Maryland, North Carolina, Virginia, and West Virginia) provided some great insight into possible defenses against an Equal Pay Act (EPA) claim. Because this is just an unpublished opinion, it’s not binding precedent.
Background
Shelly Ann Lee filed a complaint alleging her former employer, Belvac Production Machinery, Inc., paid her less as its controller than it did her predecessor, Paul DiTomasso. She claimed the pay disparity was because of her sex, in violation of Title VII of the Civil Rights Act of 1964 and the Equal Pay Act (EPA).
