United States Tenth Circuit

Summary judgment for defendant-employer on claims of retaliation and discrimination on the basis of sex under Title VII and salary discrimination under the Equal Pay Act (EPA) is reversed where: 1) plaintiff presented sufficient evidence of pretext to survive summary judgment on her Title VII claim; and 2) defendant failed to establish that its proffered reasons were in fact the reason for a disparity in pay as a matter of law on the EPA claim.

Appellate Information

• Decided 08/29/2006
• Published 08/29/2006

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, BALDOCK, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Mark A. Buchanan, Sanders, Simpson & Fletcher, L. C., Kansas City, MO, for the Appellant., Julie Gantz, Attorney (Eric S. Dreiband, General Counsel, Carolyn L. Wheeler, Acting Associate General Counsel, and Vincent J. Blackwood, Assistant General Counsel, with her on the brief), Equal Employment Opportunity Commission, Office of General Counsel, Washington, D.C., for amicus curiae Equal Employment Opportunity Commission.


• For Appellees:
  
• Elaine Drodge Koch (Jeremiah J. Morgan and Heather S. Esau Zerger, with her on the brief), Bryan Cave LLP, Kansas City, MO, for the Appellee.