Federal Circuits, 6th Cir. (March 18, 1987)
Docket number: 85-6076
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http://vlex.com/vid/patricia-ann-butler-sharp-manufacturing-37148418
Id. vLex: VLEX-37148418
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Before ENGEL and MORRIS, Circuit Judges, and PECK, Senior Circuit Judge.
PER CURIAM.Plaintiff, Patricia Ann Butler, a former industrial engineer with defendant, Sharp Manufacturing Company, complains on appeal, as she did unsuccessfully to the district court, that she was the victim of discrimination based upon sex and, as a result, is entitled to damages. She grounds her complaint upon Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec . 2000e-2(a), the equal-pay provision of the Fair Labor Standards Act, 29 U.S.C. Secs . 206(d) and 215(a)(2), and the no-retaliation provision of Title VII, 42 U.S.C. Sec . 2000e-3(a), as a result of her alleged constructive discharge.Following a bench trial, the district court, in its findings of fact, found that only one of her male comparators, Richard Lunsford, performed a substantially similar job, warranting a salary comparison. With regard to him, the district court found that no disadvantageous salary differential existed. In addition, the district court determined that the salary of each of the alleged comparators was awarded based upon a multitude of individual criteria, which differed in each instance, that the duties and backgrounds of the industrial engineers were so distinct that they were not "fungible commodities affording easy comparison," and, accordingly, concluded that salary differentials were based upon factors other than sex. Finally, the district court found that plaintiff was not constructively discharged.Our review of the record leads us to conclude that the district court's findings are rationally based upon the evidence adduced at trial and, consequently, cannot be said to be clearly erroneous. See Fed.R.Civ.P. 52(a).Plaintiff claimed defendant violated the equal-pay provision of the Fair Labor Standards Act, which provides:No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex: Provided, That an employer who is paying a wage rate differential in violation of this subsection shall not, in order to comply with the provisions of this subsection, reduce the wage rate of any employee.29 U.S.C. Sec . 206(d)(1). Pursuant to this section, a plaintiff must prove that an employee of the opposite sex performed job duties which are substantially equal in skill, effort and responsibility, and that the comparator was paid a greater salary. In view of the district court's factual findings, plaintiff failed to carry her burden of proving a prima facie case under the statute.Plaintiff also bases her sex discrimination complaint on Title VII of the Civil Rights Act of 1964. The requirements for establishing a prima facie case under the two acts may differ. See County of Washington v. Gunther,Try vLex for FREE for 3 days
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