Wilma Hein, and Others Similarly Situated v. Oregon College of Education

The appellees in this action are six female teachers at the Oregon College of Education (“OCE”) who have sued their employer under the Equal Pay Act of 1963, 29 U.S.C. § 206 (d). After a bench trial, judgment was granted in favor of the teachers. OCE appeals. We reverse in part and vacate and remand in part.

I

BACKGROUND

OCE is a public college located in Monmouth, Oregon. Its predominantly female student body consists of both undergraduate and graduate students. The plaintiffs below come from two different departments. Dr. Wilma Hein, Dr. Lenore Campbell and Ms. Jacquelyn Rice teach in the Physical Education Department. Dr. Jean Ferguson, Dr. Gloria McFadden and Dr. Margaret Hiatt teach in the Elementary/Secondary Education Department. Each plaintiff sought to establish a violation of the Equal Pay Act by contrasting their remuneration with that of various male “comparators.” Each plaintiff proffered three or four comparators. For each plaintiff, the district court selected one comparator. With one exception, discussed below in connection with the claim of Dr. Campbell, the court ruled that the excluded comparators did not have jobs substantially equal to those of the…