United States Seventh Circuit

Summary judgment for employer in an action alleging age and sex discrimination and violation of the Equal Pay Act is affirmed where: 1) plaintiff could not establish pretext for her age and sex discrimination claims; 2) plaintiff and a higher-paid male employee did not have equal levels of responsibility in violation of the EPA; and 3) even assuming a prima facie case under the EPA, defendant was entitled to an affirmative defense since the male employee had a higher level of education than plaintiff and his higher salary was offered in consideration of the market forces in operation at the time the position was created.

Appellate Information

• Argued 05/08/2006
• Decided 12/06/2006
• Published 12/06/2006

Judges

• RIPPLE, Circuit Judge., Before BAUER, RIPPLE and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Neal Lewis (argued), Lewis & Associates, Orland, IN, for Plaintiff-Appellant.


• For Appellees:
  
• Robert D. Moreland (argued), Baker & Daniels, Fort Wayne, IN, for Defendant-Appellee.