This morning, the Federal Circuit released a precedential order announcing that a majority of the judges in regular active service voted for sua sponte en banc consideration of a case involving an alleged violation of the Equal Pay Act. The court also released a precedential opinion in the same case, vacating a dismissal and remanding the case for further proceedings. In Part II.B of the opinion, the en banc court overruled one of the court’s prior opinions, which the court explains “added an extra element to an EPA claimant’s prima facie case—namely, a showing that the pay differential ‘is either historically or presently based on sex.'” Here is the text of the order and the introduction to the opinion.
Moore v. United States (Precedential Order)
This case was argued before a panel of three judges on February 6, 2023. A sua sponte request for a poll on whether to consider this case en banc was made. A poll was conducted, and a majority of the judges who are in regular active service voted for sua sponte en banc consideration.
Accordingly, IT IS ORDERED THAT:
This case is heard en banc sua sponte under 28 U.S.C. § 46 and Federal Rule of Appellate Procedure 35(a) for the limited purpose of overruling Yant v. United States, 588 F.3d 1369 (Fed. Cir. 2009). The court en banc consists of all circuit judges in regular active service who are not recused or disqualified.
Moore v. United States (Precedential) (En Banc as to Part II.B)
Timothy Moore appeals the U.S. Court of Federal Claims’ dismissal of his complaint alleging that his employer, the government, violated the Equal Pay Act (“EPA”), 29 U.S.C. § 206(d). We vacate the dismissal and remand for further proceedings consistent with this opinion.