Judge William M. Skretny
Klinefelter was an Electronic Integrated Systems Mechanic in the U.S. Air Force before accepting a position in the Federal Aviation Administration in 2001. His lawsuit under Title VII of the Civil Rights Act and the Equal Pay Act arose from a pay disparity with a female co-worker, Murphy, whose FAA tenure started 13 years before Klinefelter’s. In dismissing Klinefelter’s Title VII claims, the court determined that he did not present a prima facie case of discrimination. Murphy’s position required more skill and entailed greater responsibility that Klinefelter’s when he joined the FAA. Also, Klinefelter’s and Murphy’s salaries were subject to a nondiscriminatory union pay plan. As in Cox v. Quick&Reilly Inc., Klinefelter’s only evidence of bias was the fact that he was paid less than Murphy. The court further dismissed Klinefelter’s Equal Pay Act claim for lack of jurisdiction. The annual wage disparity was $22,545. Thus the Tucker Act provided the Court of Federal Claims had exclusive jurisdiction. Transfer to that court would have been futile. Under 28 USC §1500, Klinefelter’s Equal Pay Act claim would have be deemed filed on the same day as his Title VII claim, and be dismissed for arising from the same operative facts.