This morning, the Federal Circuit released one precedential opinion and two nonprecedential orders. The opinion addresses a dispute over the application of the Equal Pay Act and an employer’s reliance on prior compensation to justify gender pay discrepancy. The orders are dismissals. Here is the introduction to the opinion and links to the dismissals.

Boyer v. United States (Precedential Opinion)

Dr. Leslie Boyer brought suit against the United States, claiming a violation of the Equal Pay Act (“EPA”), 29 U.S.C. § 206(d)(1), because the government set her pay unequally compared to a male comparator.  The Court of Federal Claims (“Claims Court”) granted summary judgment to the United States on the ground that, under the EPA, an employer may consider a “factor other than sex,” that “Congress permitted the [Veteran’s Administration] to use existing or prior pay alone [as a factor other than sex] in determining pay rates for new appointees,” and prior pay accounted for the differential in this case.  J.A. 36.  We conclude that the EPA applies equally to the United States as to other employers and that mere reliance on prior compensation standing 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.  We reverse the grant of summary judgment to the United States and remand for further proceedings consistent with this opinion.