Second Cir. Tackles Equal Pay Proof in Culinary Institute Case

A female chef and the Culinary Institute of America argued Thursday over the degree of proof a worker needs to show a prima face Equal Pay Act violation and how a collective bargaining agreement could provide a defense to such claims.

Showing that there was one higher-paid male chef who was doing the same job as Anita Eisenhauer was enough at the first step of the Equal Pay Act’s two-part proof scheme, her lawyer Steven M. Warshawsky of Mount Kisco, N.Y., told the US Court of Appeals for the Second Circuit. The 1963 law was expressly enacted to eliminate pay ...