Sixth Circuit: No Gender Bias in Wage Difference between Male and Female Counterparts
1 min read
Dec 2, 2013
In this case, the employee began working with the auto parts manufacturer when she was a student. After she graduated, she was hired as a test engineer with the same starting salary as the other engineering graduates.
Later, the employee was promoted to be an applications engineer. She claims that she was then promoted to an account manager position, however, the employer disputed this, and instead claimed that it merely gave her some of the responsibilities of an account manager, but that she was not ready to take on the full account manager responsibilities. The employee complained about her salary on several occasions and generally received raises in response.
She later filed suit, claiming wage discrimination under the Equal Pay Act and Michigan state law. The district court granted summary judgment in favor of the employer on the grounds that the employee failed to produce specific evidence of her job duties and those of her male counterparts to show she performed the same job. The employee appealed.
The Sixth Circuit Court of Appeals affirmed, finding that the wage differential was because the employee lacked the skill, experience, and qualifications of her male counterparts, and because, in some cases, the male counterparts had greater job responsibilities, such as major accounts and management. Though the employee argued that the differences in pay were legitimate only up to a point and that the employer should have borne the burden of justifying any excess, the court declined to accept this, finding that in this case, the differences in skill, experience, and education between the employee and the male co-workers was significant. As a result, no reasonable juror could conclude that the pay differential was based on the employee’s gender.
While pay differences between employees is a reality for most businesses, it is important to ensure that there is a legitimate, gender-neutral reason for differentials between counterparts who perform the same or similar jobs. If you have questions, read about Foco v. Freudenberg-Nok General Partnership, No. 12-2174 (6th Cir. November 25, 2013).
Featured Insights

In The News
Jun 26, 2026
Jason Oliveri Discusses AI Companions in Elder Care and the Risks for LGBTQ+ Residents

Event
June 25-26, 2026
Todd Young Speaks on Importance of Financial Literacy to ESOP Culture

Press Release
Jun 25, 2026
Scott Seaman Appointed to DRI Center for Law and Public Policy’s Social Inflation Task Force

In The News
Jun 23, 2026
Michael Dowell Explores New OIG Compliance Expectations for MAOs

Press Release
Jun 23, 2026
Jennifer Driscoll Reappointed as the ABA Antitrust Law Section Co-Chair of Comments

Press Release
Jun 22, 2026
Hinshaw Named a Client Service Standout Firm in BTI Consulting Client Service A-Team 2026

In The News
Jun 22, 2026
Lucy Wang Discusses California Insurance Solvency Regulation Addressing Climate Risks

Press Release
Jun 22, 2026
Justyna Regan Appointed Co-Chair of the CBA’s International and Foreign Law Committee

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jun 18, 2026
Three Key Mortgage Enforcement Developments for Lenders in Illinois



