Green

This case requires us to focus on the burden of proof requirements under Labor Code section 1197.5, California’s equal pay law. Plaintiff Paula M. Green filed this action for sex discrimination, retaliation, and infliction of emotional distress. In her second cause of action, Ms. Green alleged that defendant Par Pools, Inc., had failed to pay her equal pay for equal work as required by section 1197.5. After a court trial, the trial court rejected each of her claims.

On appeal, Ms. Green argues that the trial court erred (1) by requiring her to prove discriminatory intent to state a prima facie case under section 1197.5; (2) by failing to shift the burden to defendant to show the existence of an exception to the section’s equal pay requirement; and (3) by requiring her to prove discriminatory intent to state a prima facie case for retaliatory discharge.

Defendant Par Pools contends that the only issue presented is whether substantial evidence supports the trial court’s decision. It finds ample substantial evidence.

While we agree with plaintiff that the special verdict form which the parties drafted and presented to the trial court was defective in its terminology, we…