161305P.pdf   04/03/2017  Erin Dindinger  v.  Allsteel, Inc.
   U.S. Court of Appeals Case No:  16-1305
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Kelly, Author, with Loken and Murphy, Circuit Judges] 
   Civil case - Employment discrimination. The district court did not err in 
   instructing the jury that market forces are not a defense to an Equal Pay 
   Act action or claim under Section 216.6A of the Iowa Civil Rights Act; 
   even if economic conditions could be a factor "other than sex" justifying 
   a pay differential in some circumstances, defendant did not present 
   evidence to establish such a defense, and the district court did not err 
   in refusing to instruct the jury that defendant could not rely on economic 
   conditions to establish an affirmative defense; the district court did not 
   err in admitting "me-too" evidence showing defendant had discriminated 
   against other female employees with respect to pay;the district court did 
   not err in excluding the results of an audit of defendant's pay practices 
   conducted by the Office of Federal Contract Compliance Programs as the 
   audit had limited probative value and presented the risk that the jury 
   would rely on the results of the federal study rather than conduct its own 
   independent review of the facts; no error in admitting evidence that a 
   plaintiff who had complained about the pay differential had suffered 
   retaliation; Attorneys' fees award affirmed; with respect to the district 
   court's award of costs, the award of costs for real time transcripts and 
   both printed transcripts and video recordings of depositions is affirmed; 
   with respect to the award of costs for Westlaw research, the matter must 
   be remanded to permit the district court to determine whether charging 
   clients separately for Westlaw research is the prevailing practice in 
   Iowa.