A federal court has said that agencies may be held liable for wage discrimination even if the group of complaining employees is a mix of male and female.
The United States Court of Federal Claims, which has jurisdiction over various types of monetary complaints brought against the government by federal employees, refused the government’s motion to dismiss for lack of jurisdiction a complaint asserting that predominantly and historically male physician assistants are paid at a rate lower than predominantly and historically female nurse practitioners at a VA facility in Texas, even though the two occupations have substantially equal duties. The plaintiffs, six men and three women physician assistants, are seeking lost wages and other damages and relief.
The government argued that the Equal Pay Act does not apply because both the occupations at issue are gender-mixed. However, the court in case No. 08-842C held that under its precedent, such issues are to be decided on the merits and that such a composition of complaining employees does not rule out jurisdiction. It said the case may continue.
