Court of Federal Claims Awards $466,000 Judgment Plus Fees to Former National Director of Marine Safety
Posted on: Monday, 26 January 2009, 09:57 CST
WASHINGTON, Jan. 26 /PRNewswire/ -- On December 29, 2008, the Court of Federal Claims awarded Marjorie Murtagh Cooke over $466,000 in economic and liquidated damages, holding the National Transportation Safety Board (NTSB) liable for willfully violating the Equal Pay Act with respect to Ms. Murtagh Cooke. The Equal Pay Act requires employers to provide equal pay to persons performing the same job, regardless of gender. Ms. Murtagh Cooke was and to date still is the only female to have served as modal office director of the NTSB. In her role as Director of Marine Safety, Ms. Murtagh Cooke managed numerous highly publicized marine accidents. In 2004, it became apparent to Ms. Murtagh Cooke that her pay was less than that of all other transportation modal office directors, all of whom were men. However, Ms. Murtagh Cooke's numerous complaints to management went unanswered. Finding a willful violation and a lack of good faith, Judge Thomas Wheeler concluded that "the NTSB's conduct in ignoring Ms. Murtagh Cooke's concerns about her pay differential demonstrated a reckless disregard of the Equal Pay Act's requirements" and that the NTSB acted "deliberately and willfully in preventing Ms. Murtagh Cooke from receiving fair consideration" for the Senior Executive Service position. Thus, the court not only awarded Ms. Murtagh Cooke her lost back pay and lost retirement benefits, but also extended her damages back three years and awarded her liquidated double damages. Scott Oswald, Managing Principal with The Employment Law Group(R) law firm (www.employmentlawgroup.com), a premier employment law firm based in Washington, D.C., stated, "This case is remarkable in that it is one of the largest damages awards in an equal pay act case coming out of the Court of Federal Claims in the last ten years, and highlights the requirement that, under the Equal Pay Act, employers are required to diligently and in good faith investigate and correct any imbalances in pay between workers of the same gender performing the same job." To reach The Employment Law Group(R) law firm for comments, questions or a copy of the Court's opinion, contact R. Scott Oswald or David L. Scher at 202-331-3911.
SOURCE The Employment Law Group P.C.
Source: PR Newswire
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