Rosemarie Gandy v. Sullivan Cnty., Tennessee, & William John McKamey, 24 F.3d 861 (6th Cir. 1994). · Go Syfert
Rosemarie Gandy v. Sullivan Cnty., Tennessee, & William John McKamey, 24 F.3d 861 (6th Cir. 1994). Cases Citing This Book View Copy Cite
77 citation events (50 in the last 25 years) across 24 distinct courts.
Strongest positive: Faranak Pahlevani, Ph.D. v. The Pennsylvania State University (pamd, 2026-03-31)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 47 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Faranak Pahlevani, Ph.D. v. The Pennsylvania State University
M.D. Penn. · 2026 · quote attribution · 1 verbatim quote · confidence high
the equal pay act is violated each time an employer presents an 'unequal' paycheck to an employee for equal work. . . . each check paid at the discriminatory rate is a denial of equal pay and a separate violation of the act.
discussed Cited as authority (verbatim quote) Greer v. Cummins Inc.
W.D. Tenn. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
the doctrine of continuing violations is a judicially-created one . . .
discussed Cited as authority (verbatim quote) Natl Parks v. TVA
6th Cir. · 2007 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the doctrine . . . may allow a court to impose liability on a defendant for acts committed outside the limitations period.
examined Cited as authority (verbatim quote) Thomeczek v. Brownlee (2×) also: Cited as authority (rule)
E.D. Mo. · 2004 · signal: see · quote attribution · 1 verbatim quote · confidence high
claims arising under the equal pay act must be filed within three years of the accrual of the cause of action, and plaintiffs may recover for unpaid wages for up to three years prior to the filing of the action when the employer's violation of the act is found to be willful.
discussed Cited as authority (verbatim quote) William Toth v. Grand Trunk Railroad, D/B/A Cn North America
6th Cir. · 2002 · signal: see also · quote attribution · 1 verbatim quote · confidence high
plainly rule 61 teaches that the proceedings are not to be disturbed because of an error that prejudiced no one.
discussed Cited as authority (verbatim quote) Gardner v. Blue Mountain
D.N.H. · 1995 · quote attribution · 1 verbatim quote · confidence high
the equal pay act is violated each time an employer presents an 'unequal' paycheck to an employee for equal work.
discussed Cited as authority (quoted) Black v. Ohio Industrial Commission (2×) also: Cited as authority (rule)
S.D. Ohio · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
a cause of action may be brought for any or all violations occurring within the limitations period . . . immediately prior to commencement of the action.
cited Cited as authority (rule) Elba v. Mac's Convenience Stores, LLC
S.D. Ohio · 2025 · confidence medium
Gandy v. Sullivan County, 24 F.3d 861, 864 (6th Cir. 1994).
discussed Cited as authority (rule) Metzinger v. United States
Fed. Cl. · 2024 · confidence medium
E.g., O’Donnell v. Vencor Inc., 466 F.3d 1104, 1113 (9th Cir. 2006); Pollis v. New School for Social Research, 132 F.3d 115, 119 (2d Cir. 1997); Gandy v. Sullivan County, 24 F.3d 861, 864 (6th Cir. 1994); Nealon v. Stone, 958 F.2d 584, 591 (4th Cir. 1992); Mitchell v. Jefferson County Board of Education, 936 F.2d 539, 548 (11th Cir. 1991); Hodgson v. Behrens Drug Co., 475 F.2d 1041, 1050 (5th Cir. 1973); Jordan, 122 Fed.
discussed Cited as authority (rule) Innovative Architectural Planners, Inc. v. Ohio Dept. of Adm. Servs.
Ohio Ct. App. · 2024 · confidence medium
Parks Conservation Assn., Inc. v. Tennessee Valley Auth., 480 F.3d 410, 416 (6th Cir.2007), quoting Gandy v. Sullivan Cty., 24 F.3d 861, 864 (6th Cir.1994) (“ ‘The [continuing violation] doctrine * * * may allow a court to impose liability on [a defendant] for acts committed outside the limitations period.’ ”). {¶ 61} In refusing to apply the continuing violation doctrine to a takings case, the Supreme Court of Ohio repeated the observation of the United States Court of Appeals for the Sixth Circuit that “ ‘ “[c]ourts have been extremely reluctant to apply this doctrine outside …
discussed Cited as authority (rule) Edelstein v. Stephens
S.D. Ohio · 2024 · confidence medium
Co., 438 F.2d 373, 375 (6th Cir.), cert. denied, 404 U.S. 832 , 92 S.Ct. 79 , 30 L.Ed.2d 62 (1971) (holding that in light of the curative instructions given by the district court and the context of the entire record, the improper comments of the plaintiff's attorney were not so prejudicial as to warrant a new trial); Gandy v. Sullivan County, 24 F.3d 861, 866 (6th Cir.1994) (reasoning that a new trial was not required because “[i]n sum, the two alleged errors were ameliorated by the jury charge at the close of the trial”).
discussed Cited as authority (rule) Vernon Traster v. Ohio Northern Univ.
6th Cir. · 2017 · confidence medium
Rule 61 of the Federal Rules of Civil Procedure makes clear that an error of the kind Traster alleges would not warrant setting aside a judgment unless it “affects the substantial rights of the parties; otherwise, the error should be considered harmless.” Gandy v. Sullivan County, 24 F.3d 861, 866 (6th Cir. 1994).
cited Cited as authority (rule) Holder v. City of Cleveland
6th Cir. · 2008 · confidence medium
See 29 U.S.C. § 255 (a); Gandy v. Sullivan County, Tenn., 24 F.3d 861, 863 (6th Cir.1994).
cited Cited as authority (rule) Delima v. Home Depot U.S.A., Inc.
D. Or. · 2008 · confidence medium
Jud. at 17 (citing Gandy v. Sullivan County, 24 F.3d 861, 864 (6th Cir.1994)).
discussed Cited as authority (rule) Bearden v. International Paper Co.
E.D. Ark. · 2007 · confidence medium
Gandy v. Sullivan County, Tenn., 24 F.3d 861, 864 (6th Cir.1994). 15 *997 To establish liability under the EPA, an employee must prove that her employer discriminated on the basis of sex by paying different wages to men and women who performed equal work. 29 U.S.C. § 206 (d)(1); Tenkku v. Normandy Bank, 348 F.3d 737, 740 (8th Cir.2003).
discussed Cited as authority (rule) O'Donnell v. Vencor, Inc.
9th Cir. · 2006 · confidence medium
Research, 132 F.3d 115, 118-19 (2d Cir.1997); Knight v. Columbus, 19 F.3d 579, 582 (11th Cir.1994); Ashley v. Boyle’s Famous Corned Beef Co., 66 F.3d 164, 168 (8th Cir.1995) (en banc), abrogation on other grounds recognized by Madison v. IBP, Inc., 330 F.3d 1051, 1056-57 (8th Cir.2003); Brinkley-Obu v. Hughes Training, Inc., 36 F.3d 336, 351 (4th Cir.1994); Gandy v. Sullivan County, 24 F.3d 861, 865 (6th Cir.1994); E.E.O.C. v. McCarthy, 768 F.2d 1 , 3 n. 4 (1st Cir.1985).
discussed Cited as authority (rule) O'Donnell v. Vencor Inc.
9th Cir. · 2006 · confidence medium
Research, 132 F.3d 115, 118-19 (2d Cir.1997); Knight v. Columbus, 19 F.3d 579, 582 (11th Cir.1994); Ashley v. Boyle’s Famous Corned Beef Co., 66 F.3d 164, 168 (8th Cir.1995) (en banc), abrogation on other grounds recognized by Madison v. IBP, Inc., 330 F.3d 1051, 1056-57 (8th Cir.2003); Brinkley-Obu v. Hughes Training, Inc., 36 F.3d 336, 351 (4th Cir.1994); Gandy v. Sullivan County, 24 F.3d 861, 865 (6th Cir.1994); E.E.O.C. v. McCarthy, 768 F.2d 1 , 3 n. 4 (1st Cir.1985).
discussed Cited as authority (rule) Booker v. the Boeing Co.
Tenn. · 2006 · confidence medium
Gandy v. Sullivan County, 24 F.3d 861, 864 (6th Cir.1994); see also Thelma A. Crivens, The Continuing Violation Theory and Systemic Discrimination: In Search of a Judicial Standard for Timely Filing, 41 Vand.
discussed Cited as authority (rule) Ambrose v. Summit Polymers, Inc. (2×)
6th Cir. · 2006 · confidence medium
See 29 U.S.C. § 255 (a); Gandy v. Sullivan County, Tennessee, 24 F.3d 861, 863-65 (6th Cir.1994).
discussed Cited as authority (rule) Cox v. Quick & Reilly, Inc.
N.D.N.Y. · 2005 · signal: cf. · confidence medium
Cf. Gandy v. Sullivan County, 24 F.3d 861, 865 (6th Cir.1994) (holding that a plaintiff complaining of a willful violation of the EPA over a ten-year employment period is not barred from filing suit, but "should not be allowed to collect for damages outside the three-year limitations period”). *214 prior salary in an attempt to justify a disparity in compensation). 6 .
discussed Cited as authority (rule) Lilly M. Ledbetter v. Goodyear Tire & Rubber
11th Cir. · 2005 · confidence medium
Some circuits relied on the so-called "continuing violations” doctrine, variously defined, e.g., Calloway, 986 F.2d at 448-49 ; Cardenas, 269 F.3d at 258 , while others expressly rejected that label, e.g., Gandy v. Sullivan County, Tenn., 24 F.3d 861, 864-65 (6th Cir.1994) (EPA claim).
discussed Cited as authority (rule) Kent v. Papert Companies, Inc.
N.Y. App. Div. · 2003 · confidence medium
As Supreme Court correctly ruled, plaintiff’s discriminatory wage claims under the Executive Law and the Administrative Code are each governed by a three-year statute of limitations (CPLR 214 [2]; Executive Law § 297 [9]; Administrative Code § 8-502 [d]). 2 The Second Circuit (Pollis v New School for Social Research, 132 F3d 115 [1997]) and the other circuits that have considered the issue (see Ashley v Boyle’s Famous Corned Beef Co., 66 F3d 164, 168 [8th Cir 1995] [en banc]; Brinkley-Obu v Hughes Training, Inc., 36 F3d 336, 351 [4th Cir 1994]; Gandy v Sullivan County, Tenn., 24 F3d 861,…
discussed Cited as authority (rule) Conner v. West (2×) also: Cited "see"
6th Cir. · 2003 · confidence medium
See 29 U.S.C. § 255 (a); Gandy v. Sullivan County, Tenn., 24 F.3d 861, 863 (6th Cir.1994).
discussed Cited as authority (rule) Campana v. City of Greenfield
E.D. Wis. · 2000 · confidence medium
Co., 635 F.2d 310, 312 (4th Cir.1980) (company’s alleged discrimination manifested in continuing violation which ceased only at the end of plaintiffs employment notwithstanding her prior awareness of wage discrepancy); Gandy v. Sullivan County, Tenn., 24 F.3d 861, 863 (6th Cir.1994) (plaintiffs action not time-barred as long as at least one discriminatory act occurs within relevant limitations period).
discussed Cited as authority (rule) Smallwood v. Liberty Mutual Ins.
D.N.H. · 2000 · confidence medium
Sullivan County, Tennesee, 24 F.3d 861, 864-65 (6th Cir. 1994) (affirming that EPA plaintiff can collect damages for violations occurring within limitations period).
discussed Cited as authority (rule) Poole v. Becker Motorts Inc., Unpublished Decision (8-20-1999)
Ohio Ct. App. · 1999 · confidence medium
(C.A.6, 1994), 24 F.3d 861 864; Brinkley-Obu v. Hughes Training, Inc. (C.A. 4, 1994), 36 F.3d 336 , 349-351 ; see also Johnson v. Bernard Group (May 28, 1998), Cuyahoga App. No. 72552, unreported, at 2 (holding statute of limitations barred claim where lapse of more than two years fell between filing of complaint and last alleged discriminatory treatment).
cited Cited as authority (rule) Lenihan v. Boeing Co.
S.D. Tex. · 1998 · confidence medium
See Ashley, 66 F.3d at 168 ; Gandy v. Sullivan County, 24 F.3d 861, 865 (6th Cir.1994).
discussed Cited as authority (rule) Adamantia Pollis v. The New School for Social Research
2d Cir. · 1997 · confidence medium
See Ashley v. Boyle’s Famous Corned Beef Co., 66 F.3d 164, 168 (8th Cir.1995) (en banc); Brinkley-Obu v. Hughes Training, Inc., 36 F.3d 336, 351 (4th Cir.1994); Gandy v. Sullivan County, 24 F.3d 861, 865 (6th Cir.1994).
discussed Cited as authority (rule) Schroeder v. Sager Elec. Supply
D.N.H. · 1997 · confidence medium
See Ashley v. Boyle's Famous Corned Beef C o ., 66 F.3d 164, 168 (8th Cir. 1995) (en banc); Gandy v. Sullivan County, Tenn., 24 F.3d 861, 865 (6th Cir. 1994); Mitchell, supra, 936 F.2d at 548 ; Hamilton v. 1st Source Bank, 895 F.2d 159, 165 (4th Cir. 1990).
discussed Cited as authority (rule) Rassam v. San Juan College Bd.
10th Cir. · 1997 · confidence medium
See, e.g., Jones v. Merchants Nat’l Bank & Trust Co., 42 F.3d 1054, 1058 (7th Cir. 1994); Gandy v. Sullivan County, 24 F.3d 861, 864 (6th Cir. 1994); Cornwell v. Robinson, 23 F.3d 694, 703-04 (2d Cir. 1994); Pike v. City of Mission, 731 F.2d 655, 660 (10th Cir. 1984); Duke v. Pfizer, Inc., 668 F. Supp. 1031, 1041 (E.D.
discussed Cited as authority (rule) Rassam v. San Juan College Bd.
10th Cir. · 1997 · confidence medium
See, e.g., Jones v. Merchants Nat'l Bank & Trust Co., 42 F.3d 1054, 1058 (7th Cir.1994); Gandy v. Sullivan County, 24 F.3d 861, 864 (6th Cir.1994); Cornwell v. Robinson, 23 F.3d 694, 703-04 (2d Cir.1994); Pike v. City of Mission, 731 F.2d 655, 660 (10th Cir.1984); Duke v. Pfizer, Inc., 668 F.Supp. 1031, 1041 (E.D.Mich.1987), aff'd, 867 F.2d 611 (6th Cir.1989). 9 In any event, it is to be narrowly applied, and is not intended to excuse plaintiffs from diligently pursuing their claims.
cited Cited as authority (rule) Kowalski v. Kowalski Heat Treating, Co.
N.D. Ohio · 1996 · confidence medium
Gandy v. Sullivan County, Tenn., 24 F.3d 861, 864 (6th Cir.1994).
discussed Cited as authority (rule) Linda Holmes v. City of Massillon, Ohio
6th Cir. · 1996 · confidence medium
Co., 438 F.2d 373, 375 (6th Cir.), cert. denied, 404 U.S. 832 , 92 S.Ct. 79 , 30 L.Ed.2d 62 (1971) (holding that in light of the curative instructions given by the district court and the context of the entire record, the improper comments of the plaintiffs attorney were not so prejudicial as to warrant a new trial); Gandy v. Sullivan County, 24 F.3d 861, 866 (6th Cir.1994) (reasoning that a new trial was not required because “[i]n sum, the two alleged errors were ameliorated by the jury charge at the close of the trial”).
discussed Cited as authority (rule) Bergstrom v. University of N.H.
D.N.H. · 1996 · confidence medium
However, this court has recently ruled that “[l]ike its federal counterpart, the New Hampshire Equal Pay Act is violated each time an employer presents disparate paychecks to employees.” Id. (citing Gandy v. Sullivan County, 24 F.3d 861, 864 (6th Cir.1994); Nealon v. Stone, 958 F.2d 584, 591 (4th Cir.1992)).
cited Cited as authority (rule) Barbara H. Ashley v. Boyle's Famous Corned Beef Company, Robert Boyle David Nelson
8th Cir. · 1995 · confidence medium
See 29 U.S.C. §§ 206 (d)(1), 255(a); Gandy v. Sullivan County, 24 F.3d 861, 865 (6th Cir.1994).
discussed Cited as authority (rule) Gardner v. Blue Mountain Forest Ass'n
D.N.H. · 1995 · confidence medium
Like its federal counterpart, the New Hampshire Equal Pay Act is violated each time an employer presents disparate paychecks to employees for “equal work or work on the same operations.” See, e.g., Gandy v. Sullivan County, 24 F.3d 861, 864 (6th Cir.1994) (“The Equal Pay Act is violated each time an employer presents an ‘unequal’ paycheck to an employee for equal work.”); Nealon v. Stone, 958 F.2d 584, 591 (4th Cir.1992) (“each issuance of [plaintiffs] paycheck at a lower wage than her male counterpart received constituted a new discriminatory action for purposes of EPA limitatio…
cited Cited "see" Ure Mezu-Chukwu v. Mercy Health Physicians Youngstown, LLC et al.
N.D. Ohio · 2026 · signal: see · confidence high
See Gandy v. Sullivan County, Tenn., 24 F.3d 861, 864 (6th Cir. 1994).
discussed Cited "see" Marinello v. CENTRAL BUCKS SCHOOL DISTRICT
E.D. Pa. · 2025 · signal: see · confidence high
See Gandy v. Sullivan Cnty., 24 F.3d 861, 865 (6th Cir. 1994) (holding that a plaintiff complaining of a willful violation of the EPA over a ten-year employment period is not barred from filing suit, but “should not be allowed to collect for damages outside the three-year limitations period”); Cox v. Quick & Reilly, Inc., 401 F. Supp. 2d 203, 212 (N.D.N.Y. 2005) (while “[e]ach act that is part of the discriminatory violation that injures the plaintiff is a separate cause of action that starts the statutory period over again,” “[a]n employee may be awarded back pay for violations of t…
discussed Cited "see" CARTEE-HARING v. CENTRAL BUCKS SCHOOL DISTRICT
E.D. Pa. · 2025 · signal: see · confidence high
See Gandy v. Sullivan Cnty., 24 F.3d 861, 865 (6th Cir. 1994) (holding that a plaintiff complaining of a willful violation of the EPA over a ten-year employment period is not barred from filing suit, but “should not be allowed to collect for damages outside the three-year limitations period”); Cox v. Quick & Reilly, Inc., 401 F. Supp. 2d 203, 212 (N.D.N.Y. 2005) (while “[e]ach act that is part of the discriminatory violation that injures the plaintiff is a separate cause of action that starts the statutory period over again,” “[a]n employee may be awarded back pay for violations of t…
discussed Cited "see" Watts v. Juvenile Defender's Office
W.D. Tenn. · 2025 · signal: see · confidence high
See Gandy v. Sullivan County, 24 F.3d 861, 864 (6th Cir. 1994) (explaining that under the “continuing violation” doctrine, the Equal Pay Act is violated “each time an employer presents an ‘unequal’ paycheck to an employee for equal work”).
discussed Cited "see" Wiler v. Kent State University
N.D. Ohio · 2022 · signal: see · confidence high
See Gandy v. Sullivan Cnty., Tenn., 24 F.3d 861, 865 (6th Cir. 1994) (running limitations period from commencement of the action in federal court); Jones v. Trane US, Inc., No. 3:19-0453, 2020 WL 5088211 , at *9 (M.D.
discussed Cited "see" Golden v. UAW Chrysler National Training Center (2×)
E.D. Mich. · 2019 · signal: see · confidence high
See Gandy v. Sullivan Cty., 24 F.3d 861, 864 (6th Cir. 1994).
discussed Cited "see" Suzanne Conti v. American Axle & Manufacturing (2×)
6th Cir. · 2009 · signal: see · confidence high
See Gandy v. Sullivan County, Tenn., 24 F.3d 861 (6th Cir. 1994) (presuming that there was “substantial similarity” between plaintiff and her immediate male predecessor’s job).
cited Cited "see" Brenda Buntin, Plaintiff-Appellant/cross-Appellee v. Breathitt County Board of Education, Defendants-Appellees/cross-Appellants
6th Cir. · 1998 · signal: see · confidence high
See Gandy v. Sullivan County, Tenn., 24 F.3d 861 (6th Cir.1994) (holding that there was “substantial similarity” between plaintiff and her male predecessor’s job).
discussed Cited "see, e.g." National Parks Conservation Association, Inc. Sierra Club, Inc. And Our Children's Earth Foundation v. Tennessee Valley Authority (2×)
6th Cir. · 2007 · signal: see also · confidence medium
See also Gandy v. Sullivan County, 24 F.3d 861, 864 (6th Cir.1994) (“The doctrine ... may allow a court to impose liability on [a defendant] for acts committed outside the limitations period.”).
discussed Cited "see, e.g." Wendy Elwell, Plaintiff-Appellee v. University Hospitals Home Care Services, Defendant-Appellant/ Cross-Appellee
6th Cir. · 2002 · signal: see also · confidence medium
Federal Rule of Civil Procedure 61 provides that “[n]o error in the admission or exclusion of evidence and no error or defect in any ruling ... is ground for ... disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice.” Fed.R.Civ.P. 61; see also Gandy v. Sullivan County, 24 F.3d 861, 866 (6th Cir.1994) (holding that judge’s comments to jury during Equal Pay Act trial were harmless error).
cited Cited "see, e.g." Campana v. City of Greenfield
E.D. Wis. · 2001 · signal: see, e.g. · confidence medium
See, e.g., Gandy v. Sullivan County, 24 F.3d 861, 866 (6th Cir.1994); Meeks v. Computer Assoc.
Retrieving the full opinion text from the archive…
Rosemarie GANDY, Plaintiff-Appellee,
v.
SULLIVAN COUNTY, TENNESSEE, and William John McKamey, Defendants-Appellants
92-6700.
Court of Appeals for the Sixth Circuit.
Jul 7, 1994.
24 F.3d 861
Donald F. Mason, Jr. (argued and briefed), D. Bruce Shine (briefed), Kingsport, TN, for plaintiff-appellee., Mark S. Dessauer (argued and briefed), Hunter, Smith & Davis, Charlton R. De-Vault, Jr., Kingsport, TN, John S. McLellan, III, Blountville, TN, for defendants-appellants.
Merritt, Milburn, Siler.
Cited by 55 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 78%
Citer courts: S.D. Ohio (1)
MERRITT, Chief Judge.

Defendants, Sullivan County, Tennessee and William John McKamey appeal a verdict and award of damages to plaintiff Rosemarie Gandy under the Equal Pay Act provisions of the Fair Labor Standards Act, 29 U.S.C. § 206(d)(1). Defendants make three assignments of error. The issue that has created the most confusion, which we address in Part II of this opinion, is defendants’ assertion that the statute of limitations barred this action and plaintiffs assertion that the action is covered by the “continuing violations” doctrine. Defendants also make a sufficiency of the evidence claim. They contend that there was not ample evidence upon which a jury could make the necessary finding that a substantial similarity between Gandy’s job and the job of her male predecessor existed. Finally, defendants assert that the district court prejudiced the substantial rights of the defendants by comments which exemplified the court’s lack of preparation and knowledge of the law in this area. We find no error in the district court’s judgment and therefore affirm, 819 F.Supp. 726.

I.

Rosemarie Gandy began employment with Sullivan County in 1978 as a clerk in the Department of Accounts and Budgets. From 1979 to June 30, 1982, she was a Claims Representative in the County’s Safety and Insurance Department. From July 1, 1982 through the date of trial in this case, Gandy held the position of “Safety Director” for the County. For approximately 18 months before Gandy became Safety Director, the County employed Steven Lawson as “Assistant Safety Director and Communi[*863] ty Development Project Coordinator.” Gan-dy was given the job of Safety Director when Lawson was promoted to Risk Manager.

Under the salary scheme adopted by the County, positions are allocated an alphabetical classification from “A” through “P,” with “A” being the lowest paid and “P” being the highest paid. Within each classification, seniority is also recognized through incremental pay raises awarded during the first nine years of service. The County designated Gandy’s position as Safety Director as a wage classification “E.” In 1984, she was advanced to classification “F” where she remained permanently. During his time as the Assistant Safety Director, Lawson’s wage classification was “K;” that classification was raised to “M” upon his promotion to Risk Manager.

When Gandy became Safety Director, Lawson told her that she would receive an “E” classification and be assigned additional responsibilities. He further told her that if she performed the additional duties well, she would be moved into the “K” classification. Beginning in 1983, Lawson actively attempted to have Gandy moved to classification “K.” He wrote at least five letters to the County Executive, explaining that Gandy was being underpaid, detailing her abilities and the appropriateness of increasing her salary, and describing the job as being traditionally compensated at level “K.” His requests were continually denied. The record reflects that Gandy knew of Lawson’s attempts to have her salary increased and made attempts of her own to have her pay increased.

• On September 16, 1991, Gandy filed suit against Sullivan County, alleging a willful violation of the Equal Pay Act. She sought backpay for the wage differential between her successor (Lawson) and the wages paid to her from July 1, 1982 forward, and more specifically for the three year period prior to commencement of the suit. After trial before a jury, a verdict was returned for the plaintiff. The jury concluded that Gandy’s position as Safety Director and Lawson’s former position were essentially equal work, that Gandy was entitled to recover damages from the defendants for unequal pay, and that the defendants’ conduct had been willful. Pursuant to a subsequent order of the district court, Gandy was awarded $64,959.80 in compensatory and liquidated damages, attorney fees and costs. Defendants now appeal.

II.

The first issue raised on appeal is whether this action was barred by the statute of limitations. Claims arising under the Equal Pay Act must be filed within three years of the accrual of the cause of action, and plaintiffs may recover for unpaid wages for up to three years prior to the filing of the action when the employer’s violation of the Act is found to be willful. 29 U.S.C. § 255(a); Anderson v. City of Bristol, Tennessee, 6 F.3d 1168, 1174 (6th Cir.1993); Miller v. Beneficial Management Corp., 977 F.2d 834, 842 (3d Cir.1992). Gandy alleged, and the jury found, willful violations by the defendant. The defendant contends that the three year limitations period began to run, at the latest, in 1983 when Gandy knew she was being compensated at a rate less than her male predecessor. The defendant concludes that the entire action, filed in 1991, is time-barred.

The district court ruled that the statute of limitations did not bar this action. The court found that Lawson was Gandy’s predecessor in the job of Safety Director, that Lawson was paid at a higher rate than Gandy, and that there was no other similarly situated male employee working during the time of the alleged violations. The court, citing E.E.O.C. v. Benton Inds. Pub. Co., Inc., 851 F.2d 835 (6th Cir.1988) and an EEOC interpretive regulation, [1] held that in predecessor/successor equal pay cases such as this, a “continuing violation” is established and the[*864] action is not time-barred. Gandy v. Sullivan County, Tennessee, 819 F.Supp. 726, 727 (E.D.Tenn.1993). We agree that the statute of limitations had not expired.

The Equal Pay Act is violated each time an employer presents an “unequal” paycheck to an employee for equal work. Hall v. Ledex, Inc., 669 F.2d 397, 398 (6th Cir.1982) (citations omitted). In Hall, the plaintiff was promoted to her former male supervisor’s job, and although given a new title, her new job duties were identical to that of the male predecessor. When the job was retitled and given to plaintiff, the employer decreased the salary by two-thirds. In ruling on a statute of limitations argument by the defendant, we ruled that the defendant had violated the Equal Pay Act each time it presented plaintiff with a paycheck. Id.

Under the Equal Pay Act, a plaintiffs action will not be time-barred as long as at least one forbidden discriminatory act occurs within the relevant limitations period: It is irrelevant that the employer has committed identical illegal acts prior to the limitations period. Dixon v. Anderson, 928 F.2d 212, 216 (6th Cir.1991). To hold otherwise would grant license to employers to discriminate perpetually as long as they have been doing so unchecked for at least three years. See Miller, 977 F.2d at 843 (citing Hodgson v. Behrens Drug. Co., 475 F.2d 1041, 1050 (5th Cir.), cert. denied, 414 U.S. 822, 94 S.Ct. 121, 38 L.Ed.2d 55 (1973)). In this case, Gandy’s rights under the Equal Pay Act were violated with every check she received after she replaced Lawson in 1982. Thus, the court properly found that she had a timely cause of action for the violations occurring between 1988 and 1991, the three years immediately prior to filing the action, and that she could properly collect damages for that period.

The plaintiff has argued, and the district court found, that this action was timely based on a theory of “continuing violations” in employment discrimination. The doctrine of continuing violations is a judicially-created one which has been used in two ways: It may provide a court with “jurisdiction” over a cause of action which was filed after the limitations period had run on a discrete discriminatory act triggering the statute. The doctrine also may allow a court to impose liability on an employer for acts committed outside the limitations period. In this case, however, neither issue presents itself: discriminatory acts were committed within the limitations period, and Gandy did not request damages for conduct outside the limitations period.

While repeated denials of equal pay such as this are “continuing in nature,” see Hall, 669 F.2d at 398, the legal theory of continuing violations is not really applicable here. “Continuing” wrongs have been described in four categories relative to limitations of actions:

(1) the period limiting actions to recover for all harm may commence upon the occurrence of the first invasion of the plaintiffs rights; (2) each continuation or repetition of the wrongful conduct may be regarded as a separate cause of action for which suit must be brought within the period beginning with its occurrence; (3) the period for all harm may not commence until the defendant ceases his wrongful conduct; and (4) the period for all harm may be postponed until there is a manifestation of compensable harm.

Developments in the Law, Statutes of Limitations, 63 Harv.L.Rev. 1177, 1205 (1950) (emphasis added). The Sixth Circuit, like most other courts, classifies Equal Pay Act claims in the second category: each check paid at the discriminatory rate is a denial of equal pay and a separate violation of the Act. A separate cause of action accrues for each violation and must be filed within the three-year time period beginning with its occurrence. Although “continuing in nature,” invocation of the continuing violations doctrine is not necessary since plaintiffs like Gandy are not attempting to file an otherwise untimely action and are not attempting collection of damages for conduct outside the limitations period.

Analyzing continuing wrongs in this manner is not unique to the employment or equal pay context. In Hanover Shoe, Inc. v. United Shoe Machinery Corp., 392 U.S. 481, 88 S.Ct. 2224, 20 L.Ed.2d 1231 (1968), the Su[*865] preme Court discussed the concept in the anti-trust context. Hanover filed an antitrust action in 1955 alleging that the defendant’s restrictive system of distributing machinery violated the antitrust laws. The defendant raised a statute of limitations defense, asserting that it had applied the challenged policy to Hanover since 1912. The Supreme Court ruled that Hanover could sue but that it could recover only those damages suffered within the limitations period, explaining that a new cause of action accrued each time the defendant violated the law. The Court reasoned that the defendant should not be allowed to continue its illegal conduct forever because it had not been previously challenged and that plaintiff should not be able to collect for forty years of damages.

Similarly, the defendant in this ease violated the Equal Pay Act for almost ten years before Gandy sued. The defendant should not be allowed to continue to discriminate because it has been able to do so for ten years, and the plaintiff should not be allowed to collect for damages outside the three-year limitations period.

Application of the continuing violations doctrine was discussed at some length in E.E.O.C. v. Penton, 851 F.2d 835 (6th Cir.1988), and the parties and the district court have attempted to rely on or distinguish the case as necessary. Penton addressed the class of cases in which the employment of a similarly-situated male co-worker who was being paid at a higher rate than a female coworker, terminates. Penton found that the termination effectively eliminates the discrimination, even though the female employee continues to be paid the lower wage, because there is no longer a disparity in wage rates. The court found that the plaintiff had:

alleged nothing more than a single isolated incident where a male employee was paid more than similarly situated female employee[]. Once [the male]’s employment had terminated, no male employee was thereafter paid more than a similarly situated female employee. Accordingly, the plaintiff ... has failed to demonstrate any present disparity in wages or in working conditions, nor has it demonstrated an “overarching policy of discrimination” which might constitute a “continuing violation” under either Title VII or the Equal Pay Act.

Id. at 838-39. Thus, Penton held that the termination tolled the statute of limitations and a plaintiffs’ suit will be untimely unless it is filed within three years of the male coworker’s termination. Id. at 835-39.

Although the court in Penton does not suggest how the discrimination ceased since the female employees continued to be compensated at the discriminatory wage rate, the situation presented by this case is different and we therefore are not constrained by Penton. Unlike the similarly-situated male co-worker of Penton, this case presents the predecessor/successor question in which a female employee was always paid less than her male predecessor, a scenario Penton specifically declined to address. Id. at 839 n. 8. Each unequal paycheck to Gandy was a violation of the Equal Pay Act. The discrimination never “ceased,” as it was found to in Penton, since every paycheck Gandy received was calculated at a discriminatory rate.

In sum, because each unequal paycheck is considered a separate violation of the Equal Pay Act, a cause of action may be brought for any or all violations occurring within the limitations period (three years) immediately prior to commencement of the action. See also Miller v. Beneficial Management Corp., 977 F.2d 834, 843 (3d Cir.1992). Gandy’s action was not time-barred, and we therefore affirm the district court’s judgment.

III.

Defendants contend that the evidence produced at trial was insufficient to sustain the verdict. Specifically, they argue that the district court erred in refusing to grant a directed verdict on the ground that there was not sufficient evidence of the required “substantial similarity” between Gandy’s job and Lawson’s job. When reviewing a motion for direct verdict, this Court does not weigh the evidence, evaluate the credibility of witnesses, or substitute its judgment for that of the jury. Rather, we view the[*866] evidence in the light most favorable to the party against whom the motion is made, and give that party the benefit of all reasonable inferences. Lewis v. City of Irvine, 899 F.2d 451, 454-55 (6th Cir.1990).

We find that there is sufficient evidence in the record that supports the jury’s verdict, including a significant amount of testimony from Gandy and from Lawson describing the two jobs as requiring similar skills, letters written by Lawson requesting pay increases because of the similarity between the jobs, and Lawson’s testimony that the jobs were in fact substantially similar. Defendants proffered the testimony of an expert, Mr. Richard Romich, who gave an opinion as to the similarities and differences in job content of the positions held by Gandy and Lawson. Romich testified that the level of skill, effort, responsibility and working conditions of Lawson’s former position made it deserving of a higher pay classification than Gandy’s work as Safety Director. In sum, Romich testified that the jobs were not substantially similar. On cross-examination, plaintiffs elicited testimony that Romich had never interviewed or consulted with Gandy relative to her job duties, but rather had spent approximately 75 minutes consulting with Lawson over the telephone. While defendants place considerable emphasis on the testimony of their expert witness, the jury did not have to accept his opinion given the other evidence in the record upon which it could base a contrary decision.

Viewing the evidence in the light most favorable to Gandy, defendants have failed to establish that the jury could not have found substantial similarity between the jobs in question. We therefore affirm the district court’s decision denying defendant’s motion for a directed verdict.

IV.

Defendants’ final assignment of error concerns comments made by the district court judge during the trial. First, the court commented on the nature of Gandy’s cause of action, stating:

Well, the issue is — was she discriminated against because she was a female, which is pretty broad — It’s hard to, to exclude anything, I mean, that — of how anything that related to her, I guess.

Defendants argue that the court was not familiar with the law and had not studied the technical aspects of this ease prior to trial.

Second, during the trial, defendants were attempting to qualify Mr. Romich as an expert. Prior to his testimony, the court made the following comments:

[I]t’s for you to weigh what his qualifications and his abilities are to render an opinion because generally we don’t let people state their opinions in court.... I’m just letting him testify for your use and benefit if you think its of any use and benefit to you; and that, the ultimate question will be were the jobs similar or the same or whatever the test was, and that’s the only reason I’m letting the evidence in; and I’m charging you to weight in that regard....

With regard to this comment, Defendants argue that the court’s comments “chilled any weight the jury may have given his qualifications or testimony.” Based on these two comments, defendants argue that their substantial rights were prejudiced and that they are entitled to a new trial.

Rule 61 of the Federal Rules of Civil Procedure provides that any error committed by the trial judge is grounds for setting aside a verdict or granting a new trial if the error affects the substantial rights of the parties; otherwise, the error should be considered harmless. The claimed errors here do not rise above the level of harmless error. The initial comment by the court came early in the trial, and any error in the court’s characterization of the law was clearly remedied by appropriate, thorough jury instructions which properly defined the cause of action and burdens of proof. The court also remedied any possible errors in its second statement through a jury charge explaining the role and weight of expert witness testimony. In sum, the two alleged errors were ameliorated by the jury charge at the close of the trial; they cannot be said to have affected the substantial rights of the defendants.

[*867] Accordingly, we AFFIRM the judgment of the district court in all respects.

1

. The regulation states:

It is immaterial that a member of the higher paid sex ceased to be employed prior to the period covered by the applicable statute of limitations period for filing a timely suit under the EPA. The employer's continued failure to pay the member of the lower paid sex the wage rate paid to the higher paid predecessor constitutes a prima facie continuing violation. Also, it is no defense that the unequal payments began prior to the statutory period.

29 C.F.R. § 1620.13(b)(5).