Just days after we posted that the gender pay gap has narrowed, the Seventh Circuit issued a decision in King v. Acosta Sales & Mktg. Inc. reversing a previous grant of summary judgment and ordering Ms. King’s Equal Pay Act claims to trial.


The Court noted that, although Acosta had alleged that the difference in pay was explained by different educational backgrounds and experience, Acosta had not proved that to be the case.  The key is to remember that under the Equal Pay Act, the "factors other than sex" defense is an affirmative defense, which has to be proved not merely articulated by the employer to win summary judgment and/or a jury verdict.


For now, it looks like they will be slugging it out in court.