georgia southwestern college which specifically approved comparisons between professors teaching in different academic departments institution that was similar to virginia state university in the sense that it was a teaching institution where instruction of students not research was the primary responsibility for faculty members and in that case the university argued exactly like virginia state did here that it was inappropriate to compare professors much about this case it's simply a matter of well we've got some weather going on i think that strike and so bore careful not to lay down a hard and fast rule that comparisons across departments possess the tom and all degrees in their own subject field is a significant difference because that was a required qualification under the university written policies so there's no the language from striking so about hyper specific qualifications pertaining to departments doesn't apply where you have somebody who had literally no teaching experience call up the week before classes started and said hey you're going to  it also fair that every high school teacher would testify to doing basically the same thing maybe even ellen elementary school teachers do it basically they're saying things like creating a syllable like doing lesson plans supervising students discussing their life plan i mean the lead well of generality you had to test i too would encompass every teacher at every level i presume you don't agree that high school teachers or middle school teachers were appropriate pair yeah because it the equal pay act talks about equal skill afeard and responsibility so you know none of those were part of the skill effort responsibility what you asked them to common core of duties of shared job duties is not the be all and end all it is the it is a factor it goes to whether get two jobs or substantially for example i  discipline into account would also say that you can't compare between high school teachers teaching different subjects you can't compare between elementary school teacher teaching different subjects exacts that's the factor that virginia state is missing was not the policy usually works is that when you're hired is it administrator specially an academic position to say i am becoming a tenured faculty member because i want to know that if i'm fired as i did minister that's something that negotiated in the testimony in this case is the same this is something that he did at the time of what's unique about this case is that that was not negotiated at all there was no discussion of that whatsoever when these individuals were right so with respect to that to whether we're taking into account market forces or not we have an entire expert report that takes into account length of service on the faculty it takes into account the argument it takes into account defines it they were overwhelmingly overpaid with respect to the normal factors of virginia state looks to you in terms of hiring so that there's no question that is that report take into account that they were was no policy that would apply to them that was certainly no non discretionary policy that passes muster and in maryland insurance administration certainly not that these were new hires they were not given tenure at the time that they were program to find this was done as an act of fine ship to the terminated it you have absolutely no written policy i give a written policy that contradicts what they did specifically you have absolutely you are saying that universities can get away with anything they can say to a man ok you're our friend we're going to give you a job we don't have any hope not even close totally just the practical effect would be would be to allow the courts to get aid to these sorts of would be to allow universities to do these job no policy just i'll start not where i thought i would start but i'll start with the issue of the nine twelfth's rule plaintiff indicated that this was an unwritten policy but he indicates it was in fact a policy it was for juniors states policy you rightly said whether he liked it or not whether it's been sort of like that policy or not that was the policy that if it  faculty positions that those administrator is would receive nine twelve seventy five percent of their their salary that's because they were no longer working twelve months out of the year they were only working nine months  that is not the case what plaintiff was suggesting that when you hire new professors that you try to make sure that those new professors are hired somewhere similar with their departments out these weren't new discrimination under the e p a the district court got it right she did not meet her prima fascia case she did not identify proper compare she did not identify males that were making more than she was that were performing work substantially equal in skill and effort and in responsibility she seems to skip over the fact that they have to be substantially equal in skeel effort and responsibility this course there is questioning this morning has indicated the functions being provide being done by cortez dial in the mass communications department and michael shuck referred in the educational leadership department d her experience was different she didn't say that her job was distinctive or similar to shock refers in dial she said she only worked thirty hours a week michael shaka for the evidence said i have to work fifty or sixty hours a week from nine to twelve because i'm in charge of this interned schip program that i'm meeting with students doing their dissertation i'm trying to assist them in trying to figure out what they're going to write about or what their pounding was going to be cortez now is in charge of the interne chip program and his inters schip program was pairing with minor league baseball teams to make sure that the communication department was rejected and stracke and so when weekly that says everybody teaches everybody does cilla by everybody does this or a duties and responsibilities and because of that i think we all should be paid the same interestingly enough she doesn't bring in as her comparatives those men in her department there were both men and women in her department made more than she made and that made last and she made her own expert tells us why she didn't bring those us comparatives is because there was no pay disparity at virginia state university now michael shack referred and cortez downs certainly were paid or they were paid more done most anyone at the universe both male and female that's what we had in the strike that they were paid that that particular employee was paid more than anyone at the university yet that community college and so for that reason the plaintiff instructor said i think that i should be paid the same in the course says no you have to establish evidence that j state university would be required to increase the salaries of plaintiffs in all other female members to match those of soccer for tonight but what about the male what happens there then they would have an e p a claim saying that versus maryland insurance administration remember they were talking about the stress and in hiring the individuals there that was where we were dealing with fraud investigation investigators and the employer when they had the fraud investigators they were interviewing them they decided to set their salary and the steps in their salary based on whether they had licenses and certifications and that was the discretion that they were use so the problem of it's a reasonable policy or not that's not what this court is supposed to decide but it was a policy nonetheless that virginia state would move as it minister raters down to faculty salaries at nine twelve honor to the fact of the affirmative defense even dellal miss spencer did not establish a prima fascia case judge hudson didn't stop his analysis there he gave her the benefit of the doubt and said exemption and that's the step store exemption that we've been talking about that the salaries for dr dial in doctor shock referred were set at seventy five percent the courts indicated that virginia state clearly stamp that there was a factor other didn't set for the differential in the pay the course went further though and said now that you've done your part virginia state what does the evidence say from fencer about pre tax issues suggesting that that seventy five percent was applied with any type of discrimination that's exactly what you're on a floor you were talking about it was not applied with any discrimination and in fact there's no evidence in the record to suggest that it was or was a pretext for something else and of course determined that in fact it was not there was no evidence to su written written or on britain whatsoever he testified that he did not make this pursuant to any sort of written policy he described a process by which the president arbitrarily based on perhaps friendship  said what about the practice of higher education we produced an entire expert report on academic administrators this is not the practice at universities this was the same testimony that hill had which is this is something that's any sort of point that they had never been granted tenured professor chips they were simply given they were simply given the they were given their previous salaries and jobs that had no relationship to their faculty job completely different skills completely different occasions pursuant to no written all contrary to the practice in higher education we have an entire expert word on that we have sworn expert testimony on that we have sworn expert testimony policy that i was acting pursuant to the idea that there are the virginia state could have written inconsistently applied to all of that would have justified the salaries but there were there was no such place with respect to the comparative so you can't compare it to a case like strother so where the unquestionably did there was no sort of specialized hiring cations this is somebody who is literally called up the week before classes started and said hey here's where you're teaching