Abstract

http://ssrn.com/abstract=2171779
 


 



Stopped at the Starting Gate: The Overuse of Summary Judgment in Equal Pay Cases


Deborah Thompson Eisenberg


University of Maryland Francis King Carey School of Law

2013

New York Law School Law Review, Vol. 57, no. 4, 2013, p. 815+
U of Maryland Legal Studies Research Paper No. 2012-65

Abstract:     
Prepared for a symposium about the overuse of summary judgment in employment discrimination cases, this Article provides a grassroots empirical analysis of what is happening in equal pay cases on the front lines of the district courts. Analyzing a database of 500 federal district court decisions — both published and unpublished — that considered whether to grant summary judgment on an equal pay claim from 2000 to 2011, the review shows that dismissing equal pay claims at the summary judgment stage has become the modus operandi for most federal courts. Courts granted 68% of summary judgment motions in equal pay cases — meaning that only about one-third of equal pay claims get past the dispositive motion “starting gate.” In many cases, judges improperly granted summary judgment when material factual disputes existed about the prima facie standard of “equal work” and the credibility of the employer’s defenses. In other cases, the very structure of the EPA — especially courts’ overly strict interpretation of “equal work” and liberal application of the “factor other than sex” defense — caused it to be an ineffective remedy for modern pay discrimination.

Number of Pages in PDF File: 26

Keywords: employment discrimination, Equal Pay Act

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Date posted: November 8, 2012 ; Last revised: April 30, 2013

Suggested Citation

Eisenberg, Deborah Thompson, Stopped at the Starting Gate: The Overuse of Summary Judgment in Equal Pay Cases (2013). New York Law School Law Review, Vol. 57, no. 4, 2013, p. 815+ ; U of Maryland Legal Studies Research Paper No. 2012-65. Available at SSRN: http://ssrn.com/abstract=2171779

Contact Information

Deborah Thompson Eisenberg (Contact Author)
University of Maryland Francis King Carey School of Law ( email )
500 West Baltimore Street
Baltimore, MD 21201-1786
United States
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