Moore v. United States, No. 22-1475 (Fed. Cir. 2023)Annotate this Case
Moore is a male Examination Manager at the SEC's Washington, D.C. headquarters. Two women Examination Managers in that office perform the same work as Moore under similar working conditions. In 2014, the SEC initiated a Pay Transition Program to recalibrate its employees’ pay so that they could receive credit for years of relevant work experience regardless of their SEC hire date. The Program was open to all SEC employees from September 14-October 14, 2014. The women applied for the Program during this open period. Moore did not, due to family-related issues occupying his attention. The SEC permitted 10 other employees with extenuating circumstances to apply for the Program in November-December 2014. Program pay adjustments began taking effect around June 2015; the women’s salaries were increased. In August-September 2016, Moore unsuccessfully tried to apply for the Program.
Moore's Equal Pay Act, 29 U.S.C. 206(d), lawsuit argues that the SEC lacks justification for any Program-related pay differential between him and the women because the application process was unnecessary, given that the SEC always had the necessary information in its records and the SEC had no valid basis for creating, or not extending, an application deadline. The Federal Circuit vacated the dismissal of Moore’s complaint, first overruling its own 2009 decision, Yant, which added an element to the prima facie case–a showing that the pay differential “is either historically or presently based on sex.” The court remanded for consideration on non-Yant grounds.