The plaintiff alleged gender discrimination and retaliation
pursuant to the civil rights act of 1964, and alleged a
violation of the Equal Pay Act and retaliation for
complaints of that violation, pursuant to the Fair Labor
Standards Act. She later dropped her claims under the
civil rights act.
With the burden of establishing jurisdiction on the
plaintiff, the judge deciding the matter in case No.
03-1812 found that the court of federal claims is not
“a court of competent jurisdiction,” as required by the
FLSA and ordered the plaintiff’s retaliation claim to
be dismissed.
Under the FLSA, “action to recover the liability . . .
may be maintained against any employer” in any federal
or state court of competent jurisdiction, with employee
defined as “any individual employed by the government
of the United States . . . as a civilian in the military
departments.”
However, in supplemental briefings before the court it
was established that the defendant was a dual status
technician, not a civilian, in the Georgia National
Guard — and because the Equal Pay Act does not extend
to military employees of military departments, the court
dismissed the plaintiff’s claims pursuant to the Equal
Pay Act.
