In ANITA EISENHAUER v. CULINARY INSTITUTE OF AMERICA, [21-2919-cv], decided October 17, 2023, United States Circuit Court [Second Circuit] Judge JOSÉ A. CABRANES introduced the court's majority decision* as follows:
"This case presents the questions of what a defendant must prove to establish affirmative defenses to pay-discrimination claims under federal and state laws: the Equal Pay Act, 29 U.S.C. §206(d), and New York Labor Law §194(1).
"Plaintiff Anita Eisenhauer alleges that defendant Culinary Institute of America violated these equal-pay laws by compensating her less than a male colleague.
"The Culinary Institute responds that a 'factor other than sex' — its sex-neutral compensation plan, which incorporates a collective bargaining agreement — justifies the pay disparity.
"Eisenhauer argues that the compensation plan cannot qualify as a 'factor other than sex' because it creates a pay disparity unconnected to differences between her job and her colleague’s job."
* CHIEF JUDGE DEBRA ANN LIVINGSTON concurred in the judgment in part and filed a separate opinion.
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