8th Circuit denies relief for female employee paid less for choosing to do more

A female employee wasn’t discriminated against for receiving less compensation than her male coworkers when she voluntarily chose to complete tasks that weren’t required of her, according to the U.S. 8th Circuit Court of Appeals (whose rulings apply to all Nebraska employers), upholding a Nebraska federal district court decision.

Facts

Barbara Perry, a former employee of Zoetis, LLC, became upset upon discovering she was making less money than her male coworkers. She met with the company’s HR manager and requested a raise, arguing she was performing more job duties and receiving less compensation than the men were earning.

Soon after Perry’s requests were denied, she quit her job and sued Zoetis under the Nebraska Equal Pay Act (NEPA) and the Nebraska Fair Employment Practices Act (NFEPA), alleging she was discriminated against because she received less compensation for performing more duties than her male peers.

Court’s decision

When filing a NEPA claim, an employee must show she completed equal work on jobs requiring equal skill, effort, and responsibility. When comparing Perry’s position to those of her higher-paid, male coworkers, the facts revealed the men’s positions required different skills and responsibilities. She claimed she completed the same duties as the male coworkers, but the record showed the tasks weren’t required of her. Rather, she volunteered to take on the extra work.