September 7, 2018 / 9:58 PM / 4 months ago

Federal Circuit judge says court should lower bar for proving equal pay claims

A judge on the U.S. appeals court that hears most employment cases against federal agencies said on Friday that the court’s standard for reviewing Equal Pay Act claims was “nonsensical” and placed too high of a bar on federal workers to prove sex-based pay discrimination.

Judge Jimmie Reyna of the U.S. Court of Appeals for the Federal Circuit, nonetheless, joined two of his colleagues in finding that two female doctors at an Arkansas hospital operated by the Department of Veterans Affairs had not shown that their male colleagues’ higher pay was “historically or presently based on sex.” Every other federal appeals court puts the burden on employers to prove that pay gaps between men and women are not sex-based once plaintiffs show that a pay gap exists.

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