Professional Documents
Culture Documents
JUL 14 2000
PATRICK FISHER
Clerk
PENNY N. DOOLIN,
Plaintiff-Appellant,
v.
MOFFAT COUNTY, BOARD OF
COUNTY COMMISSIONERS,
No. 99-1492
(D.C. No. 98-S-35)
(D. Colo.)
Defendant-Appellee.
ORDER AND JUDGMENT
After examining the briefs and appellate record, this panel has determined
unanimously to grant the parties request for a decision on the briefs without oral
argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument.
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
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Charter Canyon
Treatment Ctr. v. Pool Co. , 153 F.3d 1132, 1135 (10th Cir. 1998). A district
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The Equal Pay Act, 29 U.S.C. 206(d)(1), requires equal pay to both men
and women for equal work on jobs the performance of which requires equal
skill, effort, and responsibility, and which are performed under similar working
conditions. In support of its summary judgment motion, defendant submitted
affidavits by Grandbouche and Sixkiller, plaintiffs deposition testimony, and the
Countys written job descriptions. This evidence demonstrates significant
differences in the size and scope of the recreational facilities maintained by the
three employees, and in the extent of their responsibilities. Plaintiff responded
with an affidavit describing the similarities between her job and those of
Grandbouche and Sixkiller. The comparisons were drawn broadly, i.e., all three
employees supervise recreational facilities, maintain grounds, and interact with
the public. See Appellants App. at 109-11. She did not contest the distinctions
between the positions as identified by defendant.
Plaintiff argues that she demonstrated a factual dispute whether her
primary duties are the same as those performed by Grandbouche and Sixkiller.
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Bobby R. Baldock
Circuit Judge
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