Law360, New York (July 01, 2009) -- On May 15, 2009, the Eighth Circuit Court of Appeals held in Drum v. Leeson Electric Corp., No. 08-1678, that an employer had not satisfied its burden of proving that a wage disparity between a male and a female employee was based on a factor other than sex merely by showing the male employee had negotiated a higher salary, i.e., where the male had benefited from a market-driven pay situation.
In reaching its decision, the Eighth Circuit reversed a grant of summary judgment for the employer on the plaintiff's claims under the Equal Pay Act, Title VII of the Civil...
