Case of Pay Discrimination

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In Mickelson v. New York Life Insurance Co., the 10th Circuit Court of Appeals held in favor of an employee who claimed that she had been discriminated against with respect to pay. The Court noted that there are two ways a plaintiff can proceed on a claim of salary discrimination: on a theory of intentional discrimination on the basis of sex in violation of Title VII, or on a theory of wage discrimination on the basis of sex in violation of the Equal Pay Act. The difference between these two claims is that a plaintiff has to show intent under the Title VII claim, but only different rates of pay to different genders under the EPA.