Her husband, in same Iowa state job, was paid much more. So she sued ― and won

A woman hired for her husband's former state government job, only to be paid much less than he and his remaining male colleague, will receive a six-figure settlement in her ensuing sex discrimination suit.

Ellen McComas, who works as a "Disability Examiner Specialist Advanced" for Iowa Vocational Rehabilitation Services, is one of two state employees who hear appeals contesting determinations of whether people receiving federal benefits are legally disabled. Both people who held those posts as of 2021 have sued the state, and on Tuesday, the State Appeal Board approved a $277,000 settlement to resolve McComas' case.

The settlement comes after a court denied summary judgment for the state, clearing the path for a trial. McComas' attorney, Andy LeGrant, praised that ruling, in which the judge found that "a reasonable jury" could find McComas had been paid less than her male colleague because of her gender.

"The resolution of this matter has been a long time coming for Ellen," LeGrant said in an email. "The court's summary judgment ruling both reinforced the chief positions she has taken all along and highlighted the issues a jury would be called upon to consider. Ellen is pleased to have resolved this dispute and looks forward to what's next in her personal and professional life."

State downgraded positions, but not all at once

According to court filings, Iowa previously classified its disability hearing officers as administrative law judges, and paid them accordingly.

In 2017, though, longtime hearing officer Gary McComas retired, and the state decided to reclassify the positions at a lower pay scale. But the state did not immediately reclassify the other position, held by long-tenured administrative law judge Randy Reiter, planning to wait until after he retired to do so.

From September: Iowa workforce agency accused of disability discrimination in firing of longtime employee

Ellen McComas, Gary McComas' wife, was hired to replace him, and said she asked numerous times why she was being paid less than her husband had been, as well as less than Reiter, who was still being paid as a judge at nearly double her annual salary.

Reiter, who also has sued the state, retired in 2021 after being told he would be demoted to Ellen McComas' title and pay grade, which would have reduced his salary by more than $45,000 and also diminished his payout for accrued vacation and sick time upon retirement.

Even so, according to McComas, the state allowed Reiter to continue making nearly double her salary for four years. She sued the state for sex discrimination, while Reiter's lawsuit accuses the state of discrimination based on sex and age.

Judge: state had options to fix pay disparity

The state asked the court to grant judgment in its favor, arguing that because officials intended to reclassify Reiter's position in the future, the temporary pay disparity could not have been motivated by her gender. Judge Joseph Seidlin, in a Dec. 22 order, said that would be for a jury to decide.

"The State could have paid Ms. McComas the same as Mr. Reiter until such time as he retired. The State could have reduced Mr. Reiter’s pay to match Ms. McComas’ pay when they hired her. ... They did neither, and instead chose to pay the female employee less than the male," Seidlin wrote. "A reasonable jury could conclude that the State does not meet its burden to prove that the wage disparity was based on a factor other than Ms. McComas’ sex."

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The Iowa Attorney General's Office did not respond to a request for comment on the settlement. In a letter to the State Appeal Board, Assistant Attorney General Kevin Protzmann wrote that because McComas had originally sought damages of $441,000 plus attorney fees and other costs, the state believes the $277,000 settlement amount is reasonable.

Tuesday's settlement does not cover Reiter's separate lawsuit. That case is scheduled for trial in May.

William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166.

This article originally appeared on Des Moines Register: Iowa settles official's sex discrimination lawsuit for $277,000