As the comparison of duties between privately funded and federally funded research academics is fraught with judgment, not law, their equivalence is a genuine issue of material fact for trial.
The standard under the state law is broader than the federal standard, reasoning from the greater, there is an issue for trial on the state claims as well.
As plaintiff in disparate impact claim wasn't challenging thempe practice of retention raises, but additionally suggesting that the salaries of the cohort be raised as well, it is an attack on a specific process, not general one. The existence of an alternative undercuts the claim of business necessity.
Although statistics derived from small sample size have less probative value, disagreement among experts as to the validity of the numbers can suggests a triable issue.
As the plaintiff never engaged in retention raise negotiations, there is no issue for trial on state and federal disparate treatment claims or Title IX. Insufficient evidence of intentional discrimination for state ERA claim.
DISSENT:
Equal Pay Act requires a case-specific examination of the actual job performance and content.
Full Professors are like professional athletes. Significant differences in all of the jobs for the members of the plaintiff's department.
State claim only requires a common core of tasks, which presents an issue for trial.
Retention negotiations are elective -- each professor chooses to engage or not. Small sample size. The practice is a business necessity.