Hauschild v. United States

OPINION

MILLER, Judge.

This case is before the court on independent motions for summary judgment on plaintiffs claim under the Equal Pay Act, 29 U.S.C. § 206(d) (2000). Plaintiff claims that he was paid less than an employee of the opposite sex for performing the same or substantially similar work. Defendant takes the position that, as a matter of law, any disparity is attributable to a seniority or merit system, that would defeat plaintiffs claim. Additional summary judgment issues are whether plaintiff can prove entitlement to a retroactive pay increase through a claim for breach of contract…