Corning Glass Works v. Brennan

Background

The Labor Department sued Corning Glass Works, a glass manufacturer, after finding that men on the night inspection shift were paid a higher base wage than women doing the same inspection work on the day shift. The higher night base pay dated from the 1920s–1930s when women were barred from night work and men brought higher pay from other jobs; a separate plant-wide night shift differential was later added. In 1966 Corning began letting women bid for night inspector jobs. A 1969 contract equalized future hires’ base pay but protected older night inspectors with higher "red circle" rates.

Reasoning

The core question was whether the differing base wages violated the Equal Pay Act for “equal work.” The Court explained that industry job-evaluation language treats “working conditions” as surroundings and hazards, not time of day, and noted Corning’s own job-evaluation plans treated day and night inspection as equal. Once the Labor Department proved women were paid less for equal work, the burden shifted to Corning to prove a non-sex reason justified the pay gap. The Court found Corning failed to show the higher night base wage was a bona fide, sex-neutral shift differential. Allowing women to bid for night jobs in 1966 and the 1969 contract’s red-circle protection did not cure the original violation.

Real world impact

The Court affirmed relief in the Second Circuit case, reversed the Third Circuit, and ordered further proceedings consistent with this view. Employers may not rely on historical market practices or limited opportunities for women to avoid raising depressed base wages for equal work. The decision requires practical pay adjustments, especially where older higher rates were tied to past sex-based practices.

Dissents or concurrances

Three Justices dissented, preferring the Third Circuit’s view and would have reached the opposite result for that case.