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U.S. Equal Employment Opportunity Commission v. Hunter-Tannersville Cent. Sch. Dist.

Question Exists if 'Aldrich' Job-Relatedness Requirement Applies to Salary Negotiations

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff United States Equal Employment Opportunity Commission (“EEOC”) brings this civil action against Defendant Hunter-Tannersville Central School District (“Hunter Tannersville”). See Dkt. No. 1 (“Complaint”). After Defendant answered the Complaint, the EEOC filed its first motion to strike pursuant to 12(f)(2) of the Federal Rules of Civil Procedure. See Dkt. No. 5 (“First Motion to Strike”). Subsequently, Defendant amended its answer, see Dkt. No. 12 (“Amended Answer”), and the Court granted the EEOC’s request to withdraw the First Motion to Strike, see Dkt. No. 14. Then, the EEOC filed a new motion to strike the fifth affirmative defense in the Amended Answer. See Dkt. Nos. 16 (“Second Motion to Strike”), 16-1 (“Plaintiff’s Memorandum of Law”). Specifically, the fifth affirmative defense provides that “any differential in pay that Plaintiff is able to identify was the result of a job related factor(s) other than sex, as permitted by 29 U.S.C. §206(d)(1)(iv),” and this “other than sex” factor was the ability to negotiate a higher salary. Amended Answer

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