Kouba v. Allstate Insurance
Court of Appeals for the Ninth Circuit
1Opinion of the Court
CHOY, Circuit Judge:
This appeal calls into question the scope of the “factor other than sex” exception to the Equal Pay Act of 19631 as incorporated into Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., by the Bennett Amendment.2 Because the district court misconstrued the exception, we reverse and remand.
I
Allstate Insurance Co. computes the minimum salary guaranteed to a new sales agent on the basis of ability, education, experience, and prior salary. During an 8-to-13 week training period, the agent re*875ceives only the minimum. Afterwards, Allstate pays the greater of…
2Cases cited11 opinions
- Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
- Corning Glass Works v. BrennanSupreme Court of the United States · 1974
- County of Washington v. GuntherSupreme Court of the United States · 1981
- Gunther v. County of WashingtonCourt of Appeals for the Ninth Circuit · 1979
- Arlene Horner v. Mary Institute, a CorporationCourt of Appeals for the Eighth Circuit · 1980
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3Cited by2 opinions
- Lynda Fallon v. State of IllinoisCourt of Appeals for the Seventh Circuit · 1989
- 30 Fair empl.prac.cas. 57, 30 Empl. Prac. Dec. P 33,123 Lola Kouba, A/K/A Lola Hogan, Individually and on Behalf of All Others Similarly Situated, United States Equal Employment Opportunity Commission, in Intervention-Appellee v. Allstate Insurance CompanyCourt of Appeals for the Ninth Circuit · 1982