BOYER v. US , No. 22-1822 (Fed. Cir. 2024)
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In the case before the United States Court of Appeals for the Federal Circuit, the plaintiff, Dr. Leslie Boyer, alleged that a violation of the Equal Pay Act (“EPA”) occurred when the United States government set her pay lower than a male comparator in the same job role. The Court of Federal Claims had granted a summary judgment in favor of the United States, stating that the pay differential was justified by a “factor other than sex,” namely Dr. Boyer’s prior salary. The Court of Federal Claims relied on the pay-setting statutes, 5 U.S.C. § 5333 and 38 U.S.C. § 7408, which allow consideration of prior pay in hiring, to arrive at this conclusion.
On appeal, the United States Court of Appeals for the Federal Circuit reversed this judgment, stating that the EPA applies equally to the United States as to other employers and that mere reliance on prior compensation alone is not an affirmative defense to a prima facie case under the EPA unless the employer can demonstrate that the prior pay itself was not based on sex. The court concluded that the employer can only rely on prior pay if either (1) the employer can demonstrate that prior pay is unaffected by sex-based pay differentials or (2) prior pay is considered together with other, non-sex-based factors. The court remanded the case for further proceedings consistent with this interpretation.
The court issued a subsequent related opinion or order on April 11, 2024.
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