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Employer Can Keep ‘Salary Negotiation’ Defense in Pay Bias Suit

Dec. 3, 2021, 4:09 PM

The EEOC failed to convince a federal judge to dismiss a New York school district’s defense in an equal pay suit that a female superintendent who was paid less than her male predecessor could have negotiated a higher salary.

That argument by Hunter-Tannersville School District isn’t a viable affirmative defense under the Equal Pay Act because it isn’t related to Susan Vickers’ job, the Equal Employment Opportunity Commission said. The agency sued on Vickers’ behalf March 26, alleging Patrick Sweeney received greater pay and benefits when he was superintendent before Vickers.

Whether the school district’s argument is valid under ...

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