Professional Documents
Culture Documents
Equal Pay Complaint
Equal Pay Complaint
Plaintiffs,
vs. Case No. 17-cv-
Hon.
Mag.
DETROIT FREE PRESS, a Michigan
corporation, and GANNETT CO., INC.,
a foreign corporation,
Defendants.
__________________________________________________________________
DEBORAH GORDON LAW
Deborah L. Gordon (P27058)
Benjamin I. Shipper (P77558)
Irina L. Vaynerman (0396759)
Attorneys for Plaintiffs
33 Bloomfield Hills Parkway, Suite 220
Bloomfield Hills, Michigan 48304
(248) 258-2500/Fax (248) 258-7881
[email protected]
[email protected]
[email protected]
__________________________________________________________________
1. This is an action for violations of the Equal Pay Act and the Elliott-
Larsen Civil Rights Act, arising out of Plaintiffs employment relationship with
Defendants.
Plaintiffs on the basis of their gender by providing them with less compensation
than similarly situated male employees performing the same or similar duties.
Michigan.
Michigan.
Michigan.
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subsidiary of Defendant Gannett Co., Inc., that maintains its principal place of
Michigan.
10. The events underlying this Complaint occurred in the Eastern District
of Michigan.
11. This Court has federal subject matter jurisdiction pursuant to 28 USC
Background Facts
employees and are members of the Newspaper Guild of Detroit (hereinafter, the
annual percentage increases for Defendants employees. However, the Guild does
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not negotiate overall pay rates. The amount that Defendants pay an employee
15. In or around Spring 2017, the Guild published a study analyzing pay
data for male and female employees of the Detroit Free Press. The study was titled
16. To complete the Sex and Wage Report, the Guild relied on pay data
from 2013 to 2015. The Guild analyzed data from the following categories of
employees: assistant editor, copy editor, designer, photographer, reporter, and web
designer.
17. For almost every category of Detroit Free Press employees analyzed,
the data reflected that the male median wage was higher than the female median
wage. For example, the median wage for male assistant editors is $7.62 higher per
hour than the median wage for female assistant editors. The median wage for male
photographers is $4.04 higher per hour than the median wage for female
photographers. Similarly, the median wage for male reporters is $2.03 higher per
18. In this study, the Guild also analyzed seniority and hourly wage by
sex. Based on the data, female employees wages grow at a slower rate over time
worked for the Detroit Free Press for zero to five years, the male median wage is
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$3.85 more per hour than the female median wage. Of the employees who have
worked for the Detroit Free Press for 11-15 years, the male median wage is $4.14
more per hour than the female median wage. And of the employees who have
worked for the Detroit Free Press for 20 or more years, the male median wage is
19. The Sex and Wage Report was ultimately published on the Guilds
https://detroitguild22.files.wordpress.com/2017/06/sex-and-wage-report_free-
press_-final-draft.pdf.
20. The Guild also shared the results of this study with Defendants, but,
upon information and belief, Defendants were uninterested in resolving the pay
disparities.
21. Female employees at the Detroit Free Press, including Plaintiffs, are
affected by the stark pay disparities reflected in the Sex and Wage Report.
22. Plaintiff Galligan was hired by the Detroit Free Press in September
2002 as an intern photographer. By December 2002, the Detroit Free Press hired
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25. Galligan received her Bachelors Degree in History and English, with
High Honors, from Madonna University in May 1991. During and immediately
after college, Galligan also took photography courses at various institutions in the
events and she completed contract photography work for various clients and
organizations such as the Associated Press, Rolling Stone, HBO, MTV, the
photography training from the College of Creative Studies from 2001 to 2002.
29. After Galligan completed this specialized training, the Detroit Free
30. From the date of Galligans hire by the Detroit Free Press, her
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31. In fact, Galligan has received numerous honors and awards for her
work. Galligan received Emmys in 2006 and 2009 for her photography and
videography.
32. Galligan has received several other awards from organizations such as
Photographers Association.
took leave from the Detroit Free Press in order to complete the fellowship and
similarly situated male photographers who are employed at the Detroit Free Press.
35. In the past three years, Defendants have continued to pay Galligan
less than similarly situated male photographers who are employed at the Detroit
Free Press.
36. Plaintiff Mary Schroeder received her Bachelors Degree in Fine Arts
and Photography from Ohio University (in Athens, Ohio) with honors in June
1979.
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or around 2008. Although Schroeder is the only current full-time picture editor at
the Detroit Free Press, assistant editors perform analogous work to Schroeder for
picture editor. In fact, she is one of the only employees who completes picture
41. From the date of Schroeders hire by the Detroit Free Press, her
42. In fact, Schroeder has received numerous honors and awards for her
work, including but not limited to awards from the National Press Photographers
International, and the Pro Football Hall of Fame. Schroeder also received local and
national recognition for several of her sports photographs, including her photo of
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similarly situated male photographers and assistant editors who are employed at
44. In the past three years, Defendants have continued to pay Schroeder
less than similarly situated male assistant editors who are employed at the Detroit
Free Press.
1981 and served in a variety of positions until she became a photo editor in 2005,
in a full-time position.
Defendants.
47. McKean is a highly skilled and highly qualified designer and picture
editor.
from Henry Ford College. McKean is five classes away from graduating with her
49. From the date of McKeans hire by the Detroit Free Press, her
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50. In fact, McKean has received numerous honors and awards for her
third place in the picture editor of the year category. In 2007, McKean received a
Best of Gannett Award for Visual Presentation. McKean has also received
additional awards from the National Press Photographers Association, the Detroit
similarly situated male designers and assistant editors who are employed at the
52. In the past three years, Defendants have continued to pay McKean
less than similarly situated male designers who are employed at the Detroit Free
Press.
53. Plaintiff Boone was employed by the Detroit Free Press in September
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and continued to hone her photography skills while she worked and traveled
57. In or around May 1996, Boone began working for the Richmond Free
employed by the Richmond Free Press, Boone served as a photojournalist and took
60. By the time Boone began working for the Detroit Free Press, she had
61. From the date of Boones hire by the Detroit Free Press, her
62. In fact, Boone has received numerous honors and awards for her
work. In 2006, Boone received an Emmy, and in 2010, she received a Dart Award
for excellence in photojournalism from the Dart Center for Journalism & Trauma
at the Columbia Journalism School. Boone has also received recognition by the
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from the Michigan Press Photographers Association and the Virginia Press
Photographers Association.
63. Boone also received national recognition for her photography of the
Flint water crisis. One of Boones photographs of a two year old child from Flint
64. In December 2016, Defendants laid off Boone, but Boone continued
66. Defendants have consistently paid Plaintiff Boone less than similarly
situated male photographers who were or are employed at the Detroit Free Press.
67. In the past three years, Defendants paid Boone less than similarly
situated male photographers who were or are employed at the Detroit Free Press.
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Count I
Violations of the Equal Pay Act
Discrimination
69. Plaintiffs repeat and reallege all foregoing paragraphs as if they were
of the Equal Pay Act of 1963 (EPA) by providing them with lower pay than
similarly situated male colleagues on the basis of their gender, female, even though
Plaintiffs performed similar duties requiring the same skill, effort, and
73. Plaintiffs are female employees who received and continue to receive
substantially equal work that requires equal skill, effort, and responsibility, and
female employees, than it paid to male employees for equal work that required
equal skill, effort, and responsibility and that were/are performed under similar
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76. The differential in pay between similarly situated male employees and
violated the EPA, a three year statute of limitations applies to such violations,
Plaintiffs have suffered and continues to suffer harm, including but not limited to:
lost earnings and earning capacity, lost career opportunities, lost benefits, and other
distress, mental anguish, loss of professional reputation, and loss of the ordinary
their choice.
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COUNT II
Violations of the Elliott-Larsen Civil Rights Act
Discrimination
80. Plaintiffs repeat and reallege all foregoing paragraphs as if they were
with respect to the terms, conditions, and privileges of their employment, including
82. At all material times, Plaintiffs were employees, and Defendants were
her employers, covered by and within the meaning of the ELCRA. See MCL
37.2201 et seq.
84. The differential in pay between similarly situated male employees and
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deliberate disregard of and with reckless indifference to the rights and sensibilities
of Plaintiffs.
Plaintiffs have suffered and continue to suffer harm, including but not limited to:
lost earnings and earning capacity, lost career opportunities, lost benefits, and other
distress, mental anguish, loss of professional reputation, and loss of the ordinary
their choice.
Relief Requested
A. Legal Relief:
be entitled;
4. Prejudgment interest;
B. Equitable Relief:
JURY DEMAND
Regina H. Boone, by their attorneys Deborah Gordon Law, hereby demand a trial
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