VA Docs Didn't Prove Sex Discrimination, Fed. Circ. Finds

Law360 (September 7, 2018, 7:35 PM EDT) -- A pair of female U.S. Department of Veterans Affairs doctors failed to definitively prove that their lower pay compared to male colleagues was based on their sex, the Federal Circuit ruled Friday, as the judge who authored the opinion argued his hands were effectively tied by harsh prior precedent.

A district court correctly ruled that Gayle Gordon and Teresa Maxwell failed to raise a factual issue that a difference in pay between them and their male emergency room colleagues was “presently or historically based on sex,” as required under relevant Federal Circuit precedent, a three-judge panel ruled in a precedential decision....

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