Sherry Hofmister and Linda Trigg are the plaintiffs brought the lawsuit against the Mississippi Department of Health(MDH) pursuant to the Equal Pay Act (EPA) of 1963, Title 29 U.S.C. §§ 201-219. The EPA entails that “all persons performing equal work must receive equal pay unless a difference in pay is justified by a consideration other than gender,” Title 29 U.S.C. § 206(d). The plaintiffs are classified in the position of Health Facility Surveyor II (HFS II), a category of employees containing 10 women and 8 men. Beginning at $26,736.00 and is capped at $40,052.00 per year is the salary scale for the position HFS II. The plaintiffs were paid $35,022.00 and $34,834.00 per year respectively, each having remained employed with the State of Mississippi
