Carol A. Timmer v. Michigan Department of Commerce and Michigan Department of Civil Service, United States of America, Intervenor
Court of Appeals for the Sixth Circuit
1Opinion of the CourtKennedy, J., joined by Siler, J.,
BOGGS, J. (pp. 846-847), delivered a separate opinion concurring in part and dissenting in part.
KENNEDY, Circuit Judge.
Plaintiff Carol A. Timmer appeals an order granting summary judgment to defendants1 in this action under the Equal Pay Act (Act), 29 U.S.C. § 206(d). After finding that plaintiff had established a prima facie ease of wage discrimination, the District Court concluded that defendant was entitled to summary judgment on its affirmative defense of a differential based on a factor other than sex, here a mistake as to the male co-worker’s proper classification. We first conclude…
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