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Gordon v. United States, No. 17-1845 (Fed. Cir. Sept. 7, 2018)

Articles Discussing Case:

Federal Circuit Urged to Reconsider Prima Facie Showing Required for Equal Pay Act Claim

Jackson Lewis P.C. • November 28, 2018
As previously reported here, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit held in September that Equal Pay Act (EPA) plaintiffs must show not only that they are receiving less pay than similarly situated male colleagues, but that the pay differential is “historically or presently based on sex.” This holding departed from the decisions of other federal courts of appeals and prompted a request for en banc review by the full court to overturn the panel decision. The American Civil Liberties Union (ACLU) and dozens of other advocacy groups have filed friend-of-the-court briefs supporting the plaintiffs’ request.