Judge Rejects Motion In Fair Pay Lawsuit Against Central Bucks

DOYLESTOWN, PA — In a post-trial development, a federal judge has rejected an assertion that a collective action lawsuit over equal pay brought against the Central Bucks School District in 2021 was inappropriately decertified.

The two named plaintiffs in the case - Dawn Marinello and Rebecca Cartee-Haring - argued that the judge had inappropriately decertified the case in July after the jury failed to reach a verdict in the collective action employment discrimination lawsuit.

The judge rejected their assertion and further commented that the case will only proceed with the two named plaintiffs, if, within 30 days, they each identify a valid male comparator who they assert received more pay without appropriate reasons.

In his order, the judge noted that the court has rejected the notion that all male teachers are valid
comparators for all female teachers. He further noted that staff such as nurses, counselors, and psychologists are not comparators for teachers.

In July, the jury in the U.S. District Court for the Eastern District of Pennsylvania was unable to reach consensus on a verdict in the collective action.

The plaintiffs (approximately 320 current and former female employees) alleged that the district violated the Equal Pay Act (EPA) by not compensating them on the same level as current or former male employees.

According to the EPA, plaintiffs can prove discrimination if employees who are similarly situated (i.e., their work requires the same effort, skill, and responsibility) are compensated differently based on their gender.

The court issued an order decertifying the collective action suit, citing that the jury was unable to come to a unanimous verdict and that it was "clear that all plaintiffs are not similarly situated." The order also stated that individual plaintiffs may initiate their own lawsuits if they believe that they can prove that their claims are not barred by the statute of limitations.

The school board issued the following statement in response to the legal actions.

"We remain committed to refining and enhancing our hiring practices, just as we seek to continually improve in all areas of operations. We also wish to express how greatly we value and respect the more than 3,000 teachers, staff members and administrators who educate and care for the approximately 17,000 students across our 23 schools. Their work is essential to developing and sustaining the excellent educational and extracurricular experience we strive to provide at CBSD, and we are immensely grateful for their dedication to our students and schools."