Women and Justice: Keywords

Domestic Case Law

Lavin-McEleney v. Marist College United States Court of Appeals for the Second Circuit (2001)

Employment discrimination, Gender discrimination

The plaintiff, a female professor sued the defendant, alleging that her salary raises were less than those of comparable male professors in violation of the Equal Pay Act and Title VII. At trial, both parties’ experts provided statistical evidence based on multiple regression analyses controlled to eliminate any observed gender disparity, including rank, years of service, division, tenure status, and degrees earned. Both experts found a difference in pay between comparable men and women, but disagreed about the statistical significance of that difference. The District Court for the Southern District of New York entered judgment for the plaintiff. The defendant appealed, arguing that the plaintiff had failed to make a case for discrimination because she had not identified a specific higher-paid male professor in her department and that she had impermissibly compared herself to a male employee statistical composite rather than an actual male employee. The Second Circuit affirmed the district court’s decision, holding that the plaintiff had identified a specific male comparator since only two other professors were comparable in each of the five categories identified by the expert witnesses, and one of them was a male professor who received higher pay. The Second Circuit further held that it was proper for the professor to introduce



Legislation

Code of Virginia: Equal Pay Irrespective of Sex (Va. Code Ann. § 40.1-28.6)

Employment discrimination, Gender discrimination

This Virginia law prohibits employers from discriminating between employees on the basis of sex by paying less wages to employees of a certain sex than employees of the opposite sex for equal work on jobs that require equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to a seniority system, a merit system, a system which measures earnings by quantity or quality of production, or a differential based on any other factor other than sex.