Use your best (business) judgment — Equal Pay Act’s burden of proof put to the test

Description

Abstract: Claiming that she was being paid less than a male co-worker who performed nearly identical duties, a nurse sued her employer under the Equal Pay Act of 1963. At trial, the judge gave the jury a "business-judgment" instruction that the plaintiff felt was inappropriate for an EPA case. This article notes that the Eighth Circuit agreed, but still affirmed the district court’s decision. Citation: Bauer v. Curators of the University of Missouri, No. 11-2758, June 6, 2012 (8th Cir.)