In a suit brought by thirty-five current and former nurse practitioners employed by the U.S. Department of Veterans Affairs in the Tennessee Valley Healthcare System alleging that, as predominantly female NPs, they are paid at a lower rate than the predominantly male physician assistants performing jobs of equal skill, effort, and responsibility under similar working conditions, judgment of the United States Court of Federal Claims granting the US summary judgment that plaintiffs do not qualify for coverage under the Equal Pay Act, 29 U.S.C. is affirmed as, plaintiffs have failed to make a prima facie case of an Equal Pay Act violation as they failed to raise a genuine issue of material fact that the pay differential between NPs and PAs is based on sex.
Appeal from: United States Court of Federal Claims
Decided December 14, 2009
Opinion by Mayer, Circuit Judge
For Appellant: John F. Burke, III, Mansour Gavin Gerlack & Manos, Co., LPA
For Appellee: Douglas G. Edelschick, Commercial Litigation Branch, U.S. Department of Justice