Santiago v. United States

107 Fed. Cl. 154, 2012 U.S. Claims LEXIS 1380, 116 Fair Empl. Prac. Cas. (BNA) 874, 2012 WL 5451788
CourtUnited States Court of Federal Claims
DecidedNovember 8, 2012
DocketNo. 10-695C
StatusPublished
Cited by17 cases

This text of 107 Fed. Cl. 154 (Santiago v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Santiago v. United States, 107 Fed. Cl. 154, 2012 U.S. Claims LEXIS 1380, 116 Fair Empl. Prac. Cas. (BNA) 874, 2012 WL 5451788 (uscfc 2012).

Opinion

OPINION

WIESE, Senior Judge.

This suit arises under the Equal Pay Act, 29 U.S.C. § 206(d) (2006) (“the Act”). Plaintiff, a civilian employee of the United States Amy, alleges a violation of the Act claiming that he was paid less than his female supervisor despite having performed substantially equal work for an eleven-month period during which the supervisor was largely absent from the office and for the following two-year period during which the supervisor position was vacant. Defendant has moved for partial dismissal of plaintiffs complaint for lack of subject matter jurisdiction on the ground that several of plaintiffs claims are time barred. Additionally, defendant has moved for summary judgment with respect to the remainder of plaintiffs claims. Plaintiff filed a cross-motion for summary judgment in response. The court heard oral argument on the parties’ motions on September 20, 2012. For the reasons set forth below, defendant’s motion for partial dismissal and for summary [157]*157judgment is granted and plaintiffs cross-motion is denied.

FACTS

This case involves the United States Army’s Equal Employment Opportunity (“EEO”) office at Fort Buchanan, Puerto Rico. Pursuant to the Army’s manpower allotments, Fort Buchanan is authorized two employees in the EEO career field: an EEO specialist and an EEO supervisor. From August 2007 until May 2011, plaintiff was employed as the EEO specialist. At the time plaintiff was hired and for six months thereafter, Ms. Magda Figueroa was employed as the EEO supervisor.

In April 2008, Ms. Figueroa was temporarily promoted to the position of Deputy to the Garrison Commander, resulting in her physical absence from Fort Buchanan’s EEO office. The promotion was not intended to be permanent, however, so Ms. Figueroa retained her official title of EEO supervisor and continued to supervise plaintiff and to oversee certain aspects of the EEO office during her temporary reassignment. Ms. Figueroa, recognizing that additional duties would be required of plaintiff in her absence, requested that plaintiff receive a temporary, five-percent pay increase to compensate him for additional work performed. The Army granted plaintiff this pay increase in May 2008.

Plaintiff worked alone in the EEO office from April 2008 until July 2008, when the Army hired a second on-site employee, Mr. Reinaldo Rodriguez, as an administrative technician. Mr. Rodriguez was not in the EEO career field. Plaintiff and Mr. Rodriguez worked together in the office until Mr. Rodriguez’s departure in January 2010.

In March 2009, Ms. Figueroa’s temporary reassignment as Deputy ended. Rather than having her return to the EEO office as originally planned, however, the Army permanently reassigned Ms. Figueroa to the position of Executive Officer, leaving the position of EEO supervisor vacant. When it became clear that Ms. Figueroa would not be returning to the EEO office and as a consequence, that plaintiff would continue to perform additional duties until the EEO supervisor position was filled, the Army made plaintiff’s temporary, five-percent pay increase permanent, indicating in his personnel file that the increase in pay was the “[rjesult of additional duties and responsibilities.” In July 2009, plaintiff received another five-percent pay increase to compensate him for the additional duties he continued to perform.1

From March 2009 until February 2011, the Army attempted to fill the EEO supervisor position competitively but was unable to do so. In February 2011, the Army temporarily assigned Ms. Barbara Quillin to the position of EEO supervisor. Ms. Quillin served in that capacity until May 6, 2011. Two days later, on May 8, 2011, plaintiff left the EEO office for a new position at Fort Buchanan as a Logistics Management Specialist. The Army did not fill the position of EEO supervisor until July 2011.

Plaintiff filed suit in this court on October 14, 2010. In his complaint, plaintiff alleges that the Army acted in violation of the Equal Pay Act “in a willful manner and in bad faith.” In plaintiffs view, he served as the “acting” EEO supervisor from April 2008 (when Ms. Figueroa first left the EEO office to assume the position of Deputy to the Garrison Commander) until February 2011 (when Ms. Quillin temporarily assumed the position of EEO supervisor), but did not receive the salary associated with that position. Plaintiff thus asks the court to award him the difference in salary between the EEO specialist and supervisor positions, liquidated damages, costs, and attorney’s fees, and a promotion to the pay grade at which the EEO supervisor position is classified.

DISCUSSION

Section 206(d) of the Equal Pay Act prohibits consideration of gender as the basis for an employee’s pay. In particular, the Act directs as follows:

[158]*158No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions....

29 U.S.C. § 206(d). The Act makes four exceptions, however, permitting a pay differential that is based on: “(i) a seniority system; (ii) a merit system; (iii) a system which measures earnings by quantity or quality of production; or (iv) ... any other factor other than sex.”

To establish a prima facie ease under the Act, a plaintiff must show that the employer pays different wages to employees of the opposite sex even though the employees perform equal work on jobs requiring equal skill, effort, and responsibility under similar working conditions. Corning Glass Works v. Brennan, 417 U.S. 188, 195, 94 S.Ct. 2228, 41 L.Ed.2d 1 (1974); Branch v. United States, 101 Fed.Cl. 411, 414 (2011). “[I]n prescribing ‘equal’ work,” however, Congress “did not require that the jobs be identical, but only that they must be substantially equal.” Shultz v. Wheaton Glass Co., 421 F.2d 259, 265 (3d Cir.1970). In proving such a case, the plaintiff must identify a particular “comparator” for a “factor by factor” comparison and may not compare himself/herself to a hypothetical or “composite” member of the opposite sex. Strag v. Bd. of Trs., 55 F.3d 943, 948 (4th Cir.1995); Moorehead v. United States, 88 Fed.Cl. 614, 619 (2009). Once the plaintiff has made a prima facie case, the burden shifts to the defendant to show that the pay differential is justified by one of the statute’s enumerated exceptions. County of Wash. v. Gunther, 452 U.S. 161, 169, 101 S.Ct. 2242, 68 L.Ed.2d 751 (1981); Coming Glass, 417 U.S. at 196, 94 S.Ct. 2223. A claim brought under the Act must be filed within two years from the time it first accrues, or in the case of a willful violation, within three years from such accrual.

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Cite This Page — Counsel Stack

Bluebook (online)
107 Fed. Cl. 154, 2012 U.S. Claims LEXIS 1380, 116 Fair Empl. Prac. Cas. (BNA) 874, 2012 WL 5451788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santiago-v-united-states-uscfc-2012.