Barbara Kob v. County of Marin

MEMORANDUM

Barbara Kob appeals the district court’s grant of summary judgment to the County of Marin on her claims of Equal Pay Act violations, sex discrimination, hostile work environment, and retaliation. She also appeals the district court’s grant of summary judgment to the County on her claim that the County of Marin has a pattern and practice of discriminating on the basis of sex. We affirm the district court.

Kob has not provided evidence that her position was substantially equal to the Administrative Services Manager position for purposes of the Equal Pay Act. 29 U.S.C. § 206 (d); 29 C.F.R. § 1620.13 ; Stanley v. Univ. of S. Cal., 178 F.3d 1069, 1074 (9th Cir.1999). The position descriptions show, and the testimony in the record confirms, that the Administrative Services Manager and the Mediation Services Manager handle different core tasks. Additionally, Kob provided no evidence to show that the Mediation Services Manager position is substantially equal to the probation supervisor position. The mere fact that the two positions may be at the same level in the organizational hierarchy is not sufficient to make out an Equal Pay Act claim. See Gunther v. Wash. Cnty., 623…