HILLMAN, District Judge.
Plaintiff, Deborah A. Puchakjian, alleges Defendant Township of Winslow (hereinafter "Defendant" or "Township") discriminated against her on the basis of gender because it compensated her significantly less than it compensated her male predecessor and male counterparts who performed substantially equal or similar work. Defendant denies these claims and moves for summary judgment [Doc. 28]. In response, Plaintiff filed a cross-motion for summary judgment [Doc. 34]. For the reasons expressed below, the Court will grant Defendant's Motion and deny Plaintiff's Cross-Motion.
Plaintiff has alleged a violation of the Equal Pay Act, 29 U.S.C. § 206 et seq., as well as several violations of New Jersey state law. The Court has jurisdiction over Plaintiff's Equal Pay Act claim pursuant to 28 U.S.C. § 1331, and may exercise supplemental jurisdiction over her state law claims under 28 U.S.C. § 1367.
Plaintiff commenced her employment with Defendant in 1980. After working for the Township in several different capacities, she was appointed, on February 1, 2002, as the Municipal Clerk, and received a starting salary of $55,000.00.
The Township administration is divided into ten departments, and each department is managed by a department head. The Municipal Clerk is one of these several supervisory positions. Three departments are headed by females and the remaining seven by men.
On March 24, 2009, Plaintiff filed her Complaint in this case alleging counts for discrimination on the basis of unequal pay, failure to pay overtime and retaliation. Defendant moves for summary judgment on Plaintiff's claims. Plaintiff also moves for summary judgment with respect to Counts I, II and III of her Complaint.
Summary judgment is appropriate where the Court is satisfied that "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Celotex Corp. v. Catrett, 477 U.S. 317, 330, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Fed. R.Civ.P. 56(c).
An issue is "genuine" if it is supported by evidence such that a reasonable jury could return a verdict in the nonmoving party's favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A fact is "material" if, under the governing substantive law, a dispute about the fact might affect the outcome of the suit. Id. In considering a motion for summary judgment, a district court may not make credibility determinations or engage in any weighing of the evidence; instead, the nonmoving party's evidence "is to be believed and all justifiable inferences are to be drawn in his favor." Marino v. Indus. Crating Co., 358 F.3d 241, 247 (3d Cir.2004) (quoting Anderson, 477 U.S. at 255, 106 S.Ct. 2505).
Initially, the moving party has the burden of demonstrating the absence of a genuine issue of material fact. Celotex Corp., 477 U.S. at 323, 106 S.Ct. 2548. Once the moving party has met this burden, the nonmoving party must identify, by affidavits or otherwise, specific facts showing that there is a genuine issue for trial. Id. Thus, to withstand a properly supported motion for summary judgment, the nonmoving party must identify specific
The Equal Pay Act (hereinafter "EPA") provides, in pertinent part, that:
29 U.S.C. § 206(d). Claims based upon the EPA "follow a two-step burden-shifting paradigm." Stanziale v. Jargowsky, 200 F.3d 101, 107 (3d Cir.2000). First, a plaintiff must prove a prima facie case of discrimination. Then, once a prima facie case is established, the defendant has the burden to demonstrate the applicability of one of the statute's four affirmative defenses. Id. If the defendant unequivocally establishes an affirmative defense, the plaintiff must prove that the nondiscriminatory justification was merely a pretext for discrimination. Dubowsky v. Stern, Lavinthal, Norgaard & Daly, 922 F.Supp. 985, 990 (D.N.J.1996) (citing E.E.O.C. v. State of Del. Dept. of Health and Social Servs., 865 F.2d 1408, 1414 n. 8 (3d Cir.1989)).
To establish a prima facie case of discrimination, a plaintiff must show that employees of opposite genders were paid unequally for "`equal work'—work of substantially equal skill, effort and responsibility, under similar working conditions." Stanziale, 200 F.3d at 107; Del. Dept. of Health and Social Servs., 865 F.2d at 1414. This inquiry, however, does not focus on "the name under which the position was classified" or on its job description. Rather, a plaintiff must prove his case through the "actual job content" and what "was actually done." Brobst v. Columbus Servs. Intern., 761 F.2d 148, 155 (3d Cir.1985). Thus, "[t]he crucial finding on the equal work issue is whether the jobs to be compared have a common core of tasks, i.e., whether a significant portion of the two jobs is identical." Id. at 156; see Shultz v. Wheaton Glass Co., 421 F.2d 259, 265 n. 10 (3d Cir.1970) (noting that this test does not require that the two jobs be entirely identical, only that the "different tasks which are only incidental and occasional would not justify a wage differential"). "Factors to be considered in determining whether tasks are similar include whether they require similar quality and quantity of production, education, relevant prior work experience, conduct and skill." Dubowsky, 922 F.Supp. at 990 (citing 29 C.F.R. § 1620.13).
If a court determines that the jobs share a common core of tasks, "[t]he inquiry then turns to whether the differing
Once a plaintiff establishes her prima facie case, "[t]he burden of persuasion then shifts to the employer to demonstrate the applicability of one of the four affirmative defenses specified in the Act." Stanziale, 200 F.3d at 107 (citing Del. Dept. of Health and Social Servs., 865 F.2d at 1414 (citing Corning Glass Works v. Brennan, 417 U.S. 188, 195, 94 S.Ct. 2223, 41 L.Ed.2d 1 (1974))); see Rhoades v. Young Women's Christian Ass'n of Greater Pittsburgh, 423 Fed.Appx. 193, 197 (3d Cir.2011) ("If the plaintiff can establish a prima facie case, the employer may prevail by establishing that the disparity in pay is due to a differential based on a ... factor other than sex") (internal quotations omitted). Thus, an employee is exempt from liability under the EPA if the differential payments were "made pursuant to (i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) a differential based on any other factor other than sex." 29 U.S.C. § 206(d)(1). "Acceptable factors other than sex include education, experience, prior salary, or any other factor related to performance of the job." Dubowsky, 922 F.Supp. at 990. At this stage of the inquiry, the Court may now compare the abilities and qualifications of the particular employees who filled the jobs. Id. at 990; Hodgkins, 2000 WL 246422 at *15.
The Third Circuit has specifically opined that the employers' burden in establishing an affirmative defense is exceptionally heightened. Stanziale, 200 F.3d at 107-08. "[T]he employer must prove at least one affirmative defense `so clearly that no rational jury could find to the contrary.'" Id. at 107 (quoting in part Del. Dept. of Health and Social Servs., 865 F.2d at 1414). Consequently, in an EPA claim, "an employer must submit evidence from which a reasonable factfinder could conclude that the proffered reasons actually motivated the wage disparity." Id. at 108. In other words, evidence that merely "could explain the wage disparity" is insufficient, rather "the proffered reasons" must "explain the wage disparity." Id. at 107-08.
Plaintiff contends she was paid less than her predecessor, Mr. Nunnenkamp, for substantially equal work. In response, Defendant opines that their work was not substantially equal and, even if it was, reasons other than gender accounted for the disparity in pay.
Plaintiff submitted sufficient evidence to establish a prima facie case of unequal pay based upon gender. In her affidavit and deposition testimony, Plaintiff detailed the common core of tasks shared between herself and Mr. Nunnenkamp.
The Court, however, finds it difficult to accept this characterization of Mr. Nunnenkamp's employment responsibilities. Although he performed additional tasks as Business Administrator, Mr. Nunnenkamp was separately compensated for that position.
Recognizing this deficiency in their argument, Defendant postulates that the Township artificially inflated Mr. Nunnenkamp's Municipal Clerk salary in order to provide him with additional compensation for his duties as Business Administrator. In support of this contention Defendant relies upon the deposition testimony of Sue Ann Metzner (hereinafter "Ms. Metzner"), the Township's Mayor, and Mr. Nunnenkamp. Both individuals testified that Mr. Nunnenkamp's Municipal Clerk salary reflected compensation for the added tasks and responsibilities he performed as Business Administrator.
According to Defendant's records, Mr. Nunnenkamp received yearly raises between approximately $2,500.00 and
After a plaintiff establishes a prima facie case of unequal pay, the defendant may avoid liability if it demonstrates the applicability of one of the statute's affirmative defenses. Stanziale, 200 F.3d at 107. Presently, Defendant claims that any difference in pay between Plaintiff and Mr. Nunnenkamp was based upon factors other than Plaintiff's gender. According to Defendant, Mr. Nunnenkamp received a higher salary because of his approximate thirty-year tenure as Municipal Clerk. From his appointment in 1972 until his retirement in 2002, Mr. Nunnenkamp received yearly raises between approximately $2,500.00 and $3,500.00. Plaintiff argues, in response, that because these raises were not the result of a bonafide seniority or longevity payment system, Defendant cannot utilize seniority or length of tenure as justification for the wage disparity. The Court, however, does not agree with this interpretation of the EPA. Neither the statute's language nor case law require a defendant to officially implement a seniority or longevity payment system as a prerequisite to asserting seniority as an affirmative defense to an EPA claim.
After a thorough review of the record, the Court concludes that Mr. Nunnenkamp's raises were not the result of gender discrimination, but rather were reflective of his long tenure as Municipal Clerk.
After a defendant successfully raises an affirmative defense, the plaintiff must provide evidence that the defendant's explanations were pretextual. Presently, Plaintiff failed to provide such evidence. Therefore, summary judgment will be entered in favor of Defendant with respect to this claim.
Plaintiff also asserts that her compensation as Municipal Clerk was less than that received by the male department heads
To establish a prima facie case of discrimination, a plaintiff need only prove that because of her gender she received less pay than a male employee who performed substantially equal work. Dubowsky, 922 F.Supp. at 990. Presently, Plaintiff fails to establish a prima facie case of unequal pay. In particular, she did not provide any evidence on how her job is substantially equal to those of the other department heads. During her deposition, Plaintiff admitted that her responsibilities as Municipal Clerk were neither similar or equal to the responsibilities of the other department heads. She further testified that the only similarity between her job and the male department heads was supervision of employees. Supervision of employees and a title of department head,
In Count III of her Complaint Plaintiff alleges Defendant violated the New Jersey Law Against Discrimination (hereinafter "NJLAD") because, for equal work, it paid her less than Mr. Nunnenkamp, her predecessor, and the male department heads. A plaintiff establishes a prima facie case of discrimination in the form of unequal wages when she (1) proves a claim under the EPA or (2) can demonstrate that her work is similar under Title VII standards.
In the present matter, the Court already concluded Plaintiff failed to establish an EPA claim. Therefore, we will only apply the second part of the NJLAD analysis.
As discussed above, the Court concluded Defendant successfully established an affirmative defense to Plaintiff's EPA claim. Consequently, this determination renders any further analysis of Plaintiff's NJLAD claim moot.
Similar to her claim under the EPA, Plaintiff also contends that her compensation as Municipal Clerk was less than that received by the male department heads who performed similar work. In support of this claim, she specifically views the Construction Official and Municipal Assessor as positions similar to the Municipal Clerk.
To establish a prima facie case of discrimination based upon unequal pay, a plaintiff need only prove that because of her gender she received less compensation than a male employee who performed similar work. Grigoletti, 570 A.2d at 913. Presently, Plaintiff fails to establish her prima facie case.
Even absent Plaintiff's admissions, the evidence on record confirms the dissimilarity among the work of the Municipal Clerk, Construction Official and Municipal Assessor. With respect to the Construction Official,
The similarity between the work of the Municipal Assessor
Assuming that the Municipal Assessor is a job similar to the Municipal Clerk, Defendant claims that any disparity in pay between their salaries was based
Plaintiff contends she is entitled to the receipt of overtime pursuant to Winslow Township Code § 52-6A & § 52-7 (hereinafter "Code"). The Code provides that Township employees are entitled to overtime compensation for hours worked in excess of their normally assigned workday hours.
Plaintiff asserts a retaliation claim in Count VI of her Complaint. She contends that in response to a letter from her attorney seeking her unpaid overtime, the Township Administrator issued a memorandum that stated Defendants would no longer pay employees overtime compensation. Several weeks later, Defendant adopted a resolution formalizing the policy that Department Heads were not eligible to receive overtime pay. According to Plaintiff, the memorandum and resolution were acts of retaliation against her for making a claim of employment discrimination.
Claims of retaliation under the NJLAD are analyzed under the well-established burden shifting framework of McDonnell Douglas. 411 U.S. at 803-05, 93 S.Ct. 1817; See McKenna v. Pac. Rail Serv., 32 F.3d 820, 827 (3d Cir.1994) ("The New Jersey Supreme Court has generally looked to standards developed under federal anti-discrimination law for guidance in construing the LAD."); Grigoletti, 570 A.2d at 912 ("We have recognized a ... need to harmonize our LAD with Title VII and have borrowed heavily from the federal experience to assure some reasonable degree of symmetry and uniformity."). Under that framework, a plaintiff must first establish a prima facie case by showing that: (1) she engaged in protected employee activity; (2) the employer took adverse action against her after, or contemporaneous with, her activity; and (3) a causal link exists between her activity and the employer's action against her. Muzslay v. City of Ocean City, 238 Fed.Appx. 785, 789 (3d Cir.2007) (citing Abramson v. William Paterson Coll., 260 F.3d 265, 286 (3d Cir.2001)). Should the plaintiff establish a prime facie case, a presumption of discrimination is created and the burden of production shifts to the defendant to articulate some legitimate, nondiscriminatory reason for its actions. McDonnell Douglas, 411 U.S. at 803, 93 S.Ct. 1817. Once the employer answers its relatively light burden by articulating a legitimate, nondiscriminatory reason for the unfavorable employment decision, the burden of production rebounds to the plaintiff, who must show by a preponderance of the evidence that the employer's explanation was merely a pretext for its actions, thus meeting the plaintiff's burden of persuasion. Id.
Here, assuming Plaintiff established a prima facie case of retaliation, her claim fails because Defendant articulated a legitimate nondiscriminatory reason for its actions. The record indicates Defendant terminated its overtime policy for financial reasons. See Woodson v. Scott Paper Co., 109 F.3d 913, 920 (3d Cir.1997) ("The defendant's burden at this stage is relatively light: it is satisfied if the defendant articulates any legitimate reason ..." for the adverse action). According to Ms. Metzner, the Township's Mayor, abuses in overtime and the necessity to "look[] at every penny" were the reasons behind the change in policy. See Doc. 28, Exhibit 4,
For the reasons expressed above, Defendant's Motion for Summary Judgment [Doc. 28] will be granted, and Plaintiff's Cross-Motion for Partial Summary Judgment [Doc. 34] will be denied. An appropriate order will be entered.
Ms. Metzner and Mr. Nunnenkamp believed that the raises were directed into Mr. Nunnenkamp's Municipal Clerk salary because he had tenure as Municipal Clerk. The Township's documents reveal that the position of Municipal Clerk is afforded tenure, while the Business Administrator serves at the pleasure of the Township's counsel. Consequently, Mr. Nunnenkamp's Municipal Clerk salary was, more or less, guaranteed, but his salary of Business Administer was not. Therefore, it was advantageous for all salary increases, including those for his duties as Business Administrator, to be reflected in his salary as Municipal Clerk because if his services as Business Administrator terminated, he would still have continued to receive a higher salary.
The matrix created by the Township Administrator recognized eleven grades, and each position in the Township was assigned a grade. Under this system, the Municipal Clerk, Municipal Assessor and Construction Official all received the same grade, ten. According to Plaintiff, since the Construction Official and Municipal Assessor were assigned the same grade as the Municipal Clerk, the positions are similar and should all receive the same amount of compensation. Although Plaintiff relies upon this matrix as prima facie evidence of job similarity, the Township Administrator's unused point system does not alter the Court's own analysis of the similarity among the positions after applying the appropriate legal standard.