Kouba
Kouba v. Allstate Insurance
Opinion
Opinion
Karlton, J.
OPINION AND ORDER
In the recent case of County of Washington v. Gunther,-U.S.-, 101 S.Ct. 2242, 68 L.Ed.2d 751 (1981), the Supreme Court of the United States initiated its analysis of the questions presented when a plaintiff alleges unequal pay for equal work in an action brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(h). In its conclusion the Court emphasized that it did “. .. not decide in this case the precise contours of lawsuits challenging sex discrimination in compensation under Title VII.” At-, 101 S.Ct. at 2254 , 68 L.Ed.2d at 767 . Elsewhere the Court acknowledged how much was left for another day. “We are not called upon in this case to decide whether respondents have stated a prima facie case of sex discrimination under Title VII [citation omitted], or to lay down standards for the further conduct of this litigation.” Id. at n.8. Finally, although the Court noted that “we do not decide in this case how sex based wage discrimination litigation under Title VII should be structured to accommodate the fourth affirmative defense of the Equal Pay Act,” Id. at-, 101 S.Ct. at 2249 , 68 L.Ed.2d at 761 , it recognized that “incorporation of…