Culinary Institute Chef’s Appeal Poses Novel Equal Pay Test (1)

A Second Circuit panel is set to hear arguments Thursday on whether a worker alleging pay discrimination can rely on a single “comparator” of the opposite sex to hold an employer liable under the Equal Pay Act.

The novel question is at the heart of Anita Eisenhauer’s appeal in her lawsuit against the Culinary Institute of America. She argues that her evidence of a single male chef was rightly found sufficient to establish a prima facie Equal Pay Act violation. Eisenhauer will have the backing of the Equal Employment Opportunity Commission during oral arguments.

The significance of the Second Circuit’s ...