6th Circuit revives pay bias claims against University of Cincinnati

The U.S. 6th Circuit Court of Appeals recently revived a lawsuit against the University of Cincinnati in which a black male employee claims he was paid less than a white woman performing the same work.

The plaintiff, Lee Briggs, had worked in the university's HR department since 2011. According to Briggs, a white woman who was hired in the same role in 2015 received a starting salary that was significantly more than his, despite having no relevant prior experience. The gap between the two employees was never closed, and after filing internal complaints with the university, Briggs filed suit, alleging violations of the Equal Pay Act and Title VII of the Civil Rights Act of 1964.

The university asked the court to dismiss the case, claiming the pay difference between the employees was justified under the Equal Pay Act because it was based on "factors other than sex." Specifically, it alleged Biggs' coworker received a higher starting salary because she demanded it and it was based on her salary history and the pay gap persisted based on the employees' performance. The trial court accepted the university's argument and dismissed the case.

On appeal, the 6th Circuit overturned the decision, finding a jury must determine whether the pay disparity was based on sex and race. In its decision, the court found Biggs had presented evidence that undercut the university's proffered reasons for the pay disparity and a trial could show the difference in pay was not justified.