Cheryl Kellogg v. Ball State University

Summary

The Seventh Circuit reversed summary judgment for Ball State University in Cheryl Kellogg's Title VII and Equal Pay Act claims alleging sex-based pay discrimination. The court held that the Academy director's statement that Kellogg did not need more starting pay because her husband worked created a factual dispute regarding the employer's nondiscriminatory explanations. The court also held that the statement could be considered under the paycheck accrual rule and as evidence supporting a timely claim, and remanded for further proceedings.

Holdings

1. Williams's statement that Kellogg did not need more starting pay because her husband worked created a genuine dispute over whether the Academy honestly believed its asserted gender-neutral explanations for her lower pay.
2. Under the Lilly Ledbetter Fair Pay Act, each paycheck resulting in whole or in part from an earlier discriminatory compensation decision constitutes an actionable unlawful employment practice, allowing Kellogg to rely on Williams's earlier decision for paychecks received within the limitations period.
3. A plaintiff may use acts outside the statutory limitations period as evidence supporting a timely claim, including to show that the employer's asserted explanations were pretextual.
4. The paycheck accrual rule applies to allegations of unlawful discrimination in employee compensation under the Equal Pay Act.
5. Kellogg was not limited to relying on comparator McSparrin; her complaint and deposition did not relinquish her ability to rely on other comparators, and the Academy had notice of them.

Questions Presented

1. Whether Kellogg's evidence, including Williams's statement about her husband's employment, created a triable issue that the Academy's asserted nondiscriminatory explanations for her pay were pretextual under Title VII.
2. Whether a discriminatory compensation decision outside the limitations period could support liability for later paychecks under the paycheck accrual rule.
3. Whether time-barred acts could be used as evidence supporting a timely Title VII or Equal Pay Act claim.
4. Whether the paycheck accrual rule applies to Equal Pay Act compensation-discrimination claims.
5. Whether Kellogg was limited to relying on one comparator employee based on her complaint and deposition testimony.

Disposition

reversed_and_remanded