Basting

BACKGROUND

20 In 2019, BART commissioned Segal Waters Consulting to conduct a study on BART’s 21 employee classification and compensation practices. Compl. ¶ 12 (“Segal Study”). Historically, 22 BART has classified its non-represented employees into various “pay bands,” wherein each pay 23 band has a range of approximately $50,000. Dkt. No. 31-3 ¶ 4. Among other things, the Segal 24 Study recommended that BART bump salaries to the midpoint for all employees who (i) had two or 25 more years of service within a classification, and (ii) were below the midpoint of the salary band. 26 Id. ¶ 10. To implement the recommendation in such a way as to maintain “fiscal responsibility,” 27 BART granted salary increases to the midpoint for all sub-midpoint employees who had been in their classification for two or more years as of June 30, 2019. Dkt. 31-3, Ex. D at 47. Karen Basting become BART’s Manager of Customer Service on January 19, 2018. Compl. ¶ 9. The Segal Study would later re-classify her as the Director of Customer Service within the Office of External Affairs. Dkt. No. 31-3 ¶¶ 9, 14. Practically speaking,1 Basting had occupied her classification …