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EISENHAUER v. CULINARY INSTITUTE OF AMERICA

No. 21-2919-cv. August Term 2022.

84 F.4th 507 (2023)

Anita EISENHAUER, Plaintiff-Appellant, v. CULINARY INSTITUTE OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 17, 2023.

Attorney(s) appearing for the Case

Steven M. Warshawsky , The Warshawsky Law Firm, Mount Kisco, N.Y., for Plaintiff-Appellant.

Rebecca M. McCloskey ( Greg Riolo , on the brief), Jackson Lewis P.C., White Plains, N.Y., for Defendant-Appellee.

James Driscoll-MacEachron ( Christopher Lage , Deputy General Counsel; Jennifer S. Goldstein , Associate General Counsel; Elizabeth E. Theran , Assistant General Counsel; Julie L. Gantz , Attorney, on the brief), Equal Employment Opportunity Commission, Washington, D.C., for Amicus Curiae U.S. Equal Employment Opportunity Commission.

Chief Judge Livingston concurs in the judgment in part and files a separate opinion.

This case presents the questions of what a defendant must prove to establish affirmative defenses to pay-discrimination claims under federal and state laws: the Equal Pay Act, 29 U.S.C. § 206(d), ("EPA")1 and New York Labor Law §...

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