Eighth Circuit Sides With Employer in Pay Discrimination Suit, Plaintiff’s Attorney Plans to Request Rehearing

“The panel failed to decide the intra-circuit split squarely presented to it by my client and the EEOC as amicus, on the question of whether a single comparator is sufficient to state a prima facie case under the Equal Pay Act,” Attorney Matthew Ghio, of St. Louis, represented the plaintiff. “Instead, the panel chose to assume that question away and decide the affirmative defense question not addressed by the trial court, where the company would have the burden of proof in front of a jury.”


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