Yant v. US, No. 09-5058 - Federal Circuit
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Yant v. US, No. 09-5058

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. 

Read Yant v. US, No. 09-5058

Appellate Information

Appeal from:  United States Court of Federal Claims

Decided December 14, 2009

Judges

Before Mayer, Prost, and, Newman ,Circuit Judges

Opinion by Mayer, Circuit Judge

Counsel

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