Equal Pay Act claim survives while all others fail

The confluence of two new laws creates a dangerous circumstance for employers. The trend toward transparent employment practices now requires many employers to create and publish wage ranges for every job. Once wage ranges are widely known, California’s Equal Pay Act (EPA) makes it very easy for a female employee who wasn’t paid the same as an arguably comparable male counterpart to proceed to trial on an EPA claim, even when all of her surrounding claims are rejected on the facts.

Staples tries to make dismissal happen

Joyce Allen began working for Staples in October 2006 as a sales representative. In March 2015, she took a position as an outside facilities area sales manager (ASM), a position she held until June 2017.

As an ASM, Allen “oversaw a team of [s]ales [r]epresentatives who were responsible for contracting with [business customers and] overseeing . . . and managing client relationships and business sales of Staples products.” Charles Narlock, a field sales director (FSD), supervised Allen and the other ASMs in the Pacific region.

In June or July 2017, Allen became an FSD. In that position, she reported to area sales vice president Bruce Trahey, as did Narlock. In February 2019, as part of a corporate reorganization, Trahey informed Allen and several other FSDs he had decided to eliminate their positions and terminate their employment.

In March 2019, Allen filed six claims against Staples: