Gordon v. United States
What's at Stake
On October 31st, 2018, WRP, the ACLU-DC, and the ACLU-AR submitted an amicus brief in support of plaintiffs Gayle Gordon and Theresa Maxwell, physicians in the Central Arkansas Veteran’s Healthcare System in Little Rock, Arkansas, who challenged under the Equal Pay Act the agency’s failure to pay them equal wages compared to that of their male colleagues.
The Federal Circuit affirmed the lower court’s dismissal of the case on summary judgment for failure to establish that the pay differential was “historically or presently based on sex.” The ACLU filed an amicus brief in support of the Plaintiffs’ request for rehearing by the entire panel of the Federal Circuit, arguing that the court should not graft an undefined additional factor onto the requirements the EPA establishes for bringing a pay discrimination claim (i.e. unequal wages paid to male and female employees for equal work).