Argued: October 31, 2018
from the United States District Court for the Eastern
District of Virginia, at Richmond. Henry E. Hudson, Senior
District Judge. (3:16-cv-00989-HEH-RCY)
Barnett Peters, NOAH PETERS LAW, Washington, D.C., for
F. Robinson, Jr., OGLETREE DEAKINS NASH SMOAK & STEWART,
PC, Richmond, Virginia, for Appellees.
Christopher C. Murray, Indianapolis, Indiana, Elizabeth
Ebanks, Kyle R. Elliott, OGLETREE DEAKINS NASH SMOAK &
STEWART, PC, Richmond, Virginia, for Appellees.
WILKINSON, FLOYD, and RICHARDSON, Circuit Judges.
RICHARDSON, CIRCUIT JUDGE
Spencer, a sociology professor at Virginia State University,
sued the University under the Equal Pay Act and Title VII for
paying her less than two male professors, allegedly because
she is a woman.
earned about $70, 000 per year-a median salary when compared
to the men who were also full professors in the Department of
Sociology, Social Work, and Criminal Justice. But
Spencer's lawsuit proposes comparing her pay to that of
two former University administrators, Drs. Michael
Shackleford and Cortez Dial, who each earned over $100, 000
per year as professors in other departments. While Spencer
asserts that the difference in pay was due to her sex, the
University provides a different explanation:
Shackleford's and Dial's jobs differed from
Spencer's and, as former administrators, their pay was
set as a prorated portion of their previous salaries.
discovery, the district court granted summary judgment for
the University (and its former president, Dr. Keith Miller).
We affirm. Though Spencer establishes a pay disparity, she
fails to present evidence that creates a genuine issue of
material fact that Shackleford and Dial are appropriate
comparators. In any event, unrebutted evidence shows that the
University based Shackleford's and Dial's higher pay
on their prior service as University administrators, not
Equal Pay Act
first claims that the disparity between her salary and her
chosen comparators' violates the Equal Pay Act. The