United States District Court, D. Maryland
Stephanie A. Gallagher, United States District Judge.
Equal Employment Opportunity Commission (“EEOC”)
brought this action against Defendants Enoch Pratt Free
Library (“Enoch Pratt”) and the Mayor and City
Council of Baltimore (collectively “Defendants”),
alleging a violation of the Equal Pay Act of 1963
(“EPA”), 29 U.S.C. § 206(d)(1). ECF 1.
Discovery is now complete, and the parties have filed
cross-motions for summary judgment. ECF 56, 57. I have
reviewed those filings, and the associated oppositions and
replies. ECF 58, 59. No. hearing is necessary. See
Loc. R. 105.6 (D. Md. 2018). For the reasons stated below,
both motions will be denied.
parties have stipulated to many of the relevant facts in this
case, ECF 56-3, and the other relevant facts are largely
uncontested. Willie Johnson first began working at Enoch
Pratt on August 10, 1998, as a security officer. Id.
¶ 1; ECF 56-19 at 15:8-9. After some temporary service
as a branch manager, Johnson received a formal promotion to
Librarian Supervisor I (“LSI”) in October, 2006.
ECF 56-3 ¶ 2. In FY 2013, Johnson's salary ($56,
500) was more than $2000 below the salaries paid to the
female LSIs represented by the EEOC in this case.
Id. ¶ 24-29 (reflecting salaries for the female
employees for FY 2013 ranging from $59, 300 to $63, 900).
Ann Marie Harvey began working for Enoch Pratt on March 10,
1997. Id. ¶ 9. She was promoted to LSI on
January 7, 2002. Id. ¶ 10. Her salary for FY
2015 was $62, 900 and, for FY 2016, $64, 200. Id.
¶¶ 36, 42. Carlotta Young began working for Enoch
Pratt on August 26, 1989, and was promoted to LSI effective
January 28, 2008. Id. ¶¶ 11-12. Her salary
for FY 2015 was $64, 500, and, for FY 2016, $65, 800.
Id. ¶¶ 37, 43. Nancy Yob, who began
working for Enoch Pratt on November 3, 1997, was promoted to
LSI in August, 2004. Id. ¶¶ 13-14. She
received a salary for FY 2015 of $62, 900 and, for FY 2016,
$64, 200. Id. ¶¶ 38, 44. Linda Schwartz
began working for Enoch Pratt on July 23, 1979, and became an
LSI in September, 1994. Id. ¶¶ 15-16. She
received a salary of $65, 200 in FY 2014, and $67, 800 in FY
2015. Id. ¶¶ 33, 39. Julie Johnson was
hired at Enoch Pratt on January 1, 1990, and became an LSI on
January 2, 2002. Id. ¶¶ 17-18. She was
paid $60, 500 in FY 2014, $62, 900 in FY 2015, and $64, 200
in FY 2016. Id. ¶¶ 34, 40, 45. All of the
female LSIs listed above remained employees of Enoch Pratt
throughout their tenure.
postings for LSI positions have, over time, contained
identical requirements in terms of education and work
experience. ECF 56-6 - 56-11. The job postings also contain
similar, though not identical, summaries of the duties of the
positions. Id. Enoch Pratt includes twenty-one
different neighborhood library locations, plus a mobile
services unit. ECF 56-1 at 3. Nineteen of the neighborhood
branches, and the mobile services unit, are staffed with LSIs
who effectively serve as “branch managers.”
Id. The nineteen different branches have varying
numbers of branch staff, varying support from community
volunteers, varying numbers of part-time or contractual
summer workers, and varying size and building footage. ECF
57-16, Exh. 5 at 290-94. One branch, the Southeast Anchor
branch, has both a LSI and a Library Supervisor II (LSII).
Id. at 295 (“For right now, Nancy Yob is,
essentially, the Assistant Branch Manager at the Southeast
Anchor Branch Library.”).
five female LSIs represented by the EEOC submitted
declarations, using parallel formats, to describe the core
duties of their positions. See ECF 56-4 ¶ 8;
ECF 56-5 ¶ 8; ECF 56-65 ¶ 7; ECF 56-66 ¶ 10;
ECF 56-67 ¶ 10. Each stated that they have had
opportunities to observe other LSIs' duties, including
Johnson's, and that they shared the core duties.
See ECF 56-4 ¶ 9-10; ECF 56-5 ¶ 9-10; ECF
56-65 ¶ 8-9; ECF 56-66 ¶ 11-12; ECF 56-67 ¶
Fattah, a LSII that supervises LSIs, testified that the core
duties of the LSI position constituted “key components
of our work and like minimum requirements of the job.”
ECF 57-16 at 281:3-5. In addition to the core duties, Fattah
testified about the varying duties and work conditions at the
various branches she supervises, and the differences with the
job performed by the LSI in the mobile outreach unit, which
she also supervised. See, e.g., id. at 100.
Herbert Malveaux, who serves as Assistant Chief to NLS,
testified with respect to the job postings that LSI is
“a job that I think really has so many aspects to it on
a regular basis. This is a summary. So, we are not expecting
it to say everything. These things are things that we could
announce to a potential candidate that they do on a regular
basis. It just doesn't cover everything.” ECF 57-17
at 47:2-8. Further, he said, “I see the duties of the
branch manager as being - there is a set of duties I am
expecting them to do, and may expand or detract depending on
the size of the community they are serving, the demands of
the library patrons, and the public, the size of the
building, the size of the staff.” Id. at 4-10.
He clarified that, “the position of Librarian
Supervisor I is, essentially, the same position, but you
would encounter different responsibilities enlarged by their
staff, their building, their response to the community . . .
In reality, we are expecting more from certain staff and
certain buildings to fulfill this role.” ECF 57-17 at
uncontroverted evidence reflects that salaries for LSIs are
not based upon their branch location. See ECF 22
¶ 12(f)(6); Anderson Dep., ECF 56-20 at 49 (explaining
LSI salaries do not change if transferred between branches);
Malveaux Dep., ECF 56-18 at 110:9-20
resigned his LSI position to accept a position in the Cecil
County public library system, in February, 2014. ECF 56-3
¶¶ 3, 4, 8. During his sixteen-month tenure in
Cecil County, Johnson worked as the Branch Manager of the
main branch in Cecil County, which had a much larger
circulation staff than the Enoch Pratt Branches. ECF 56-19 at
69:9-17. In fact, in Cecil County, Johnson supervised
approximately seventeen employees, whereas a typical LSI
supervises far fewer. ECF 56-19 at 152:6-14. For about 5-6
months, Johnson served as acting Assistant Director for the
entire Cecil County Public Library System. Id. at
88. He received a corresponding salary increase during that
stint. ECF 57-1 at 4. Despite the experience Johnson gained
in Cecil County, he grew to believe that co-workers and
library patrons in that system were racist, and he sought to
return to Enoch Pratt. ECF 56-19 at 88:4-93:11.
called Eunice Anderson, the then-Chief of Neighborhood
Library Services (“NLS”) at Enoch Pratt, to
discuss the possibility of returning. ECF 57-11 at
79:1-80:11. During one of several phone calls, Johnson and
Anderson discussed the possibility of him returning to fill a
position that was not yet vacant and had not been posted. ECF
56-1 at 4. Johnson was not required to submit an application
or undergo an interview process. Id.
July 1, 2014, Defendants used the Managerial and Professional
Society Salary Policy (“MAPS”) system to
determine compensation for newly hired LSIs. ECF 22 at 12(f),
ECF 57-13. That policy provides, for new hires:
Upon initial appointment, an employee shall be paid at least
the minimum salary of the salary range to which the employee
has been appointed. An Agency may negotiate a starting base
pay up to the mid-point of the assigned salary range. An
Agency shall not offer a candidate a ...