Bohm v. L.B. Hartz Wholesale Corp.

Our review of this case leads me to several conclusions not shared by the majority of the panel, prompting this dissenting opinion, respectfully submitted.

I. PRELIMINARY.

There are no disagreements of the panel on several preliminary observations:

A. Equal Work Findings.

Appellant Treva Bohm failed to prove that her employer, respondent Hartz Wholesale, paid wages to her that were unequal to those paid to men who did equal work. Equal pay for equal work is required by the Equal Pay Act of 1963, 29 U.S.C. § 206(d)(1), and relief for a violation of the act can be obtained in a claim of sex…