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11/17/89 Theresa K. Hardy, v. Louis Sullivan

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT


November 17, 1989

THERESA K. HARDY, APPELLANT

v.

LOUIS SULLIVAN, DEP'T OF HHS, APPELLEE 1989.CDC.356 DATE FILED: NOVEMBER 17, 1989

Before: WALD, Chief Judge, and D.H. GINSBURG and SENTELLE, Circuit Judges

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Appeal from a Grant of a Motion for Directed Verdict.

JUDGMENT

This appeal was considered on the record from the United States Magistrate and on the briefs and oral arguments of counsel. The Court has determined that the issues presented occasion no need for a published opinion. See D.C. Cir. Rule 14(c).

Appellant's claim is made under the Equal Pay Act of 1963, 29 U.S.C. 206(d) *fn1 (1982).1 The Magistrate made a factual finding that Appellant's duties were not substantially equal to those of her predecessors. A finding of substantial equality is necessary to an Equal Pay Act claim. See Corning Glass Works v. Brennan, 417 U.S. 188 (1973); Goodrich v. International Brotherhood of Elec. Workers, 815 F.2d 1519, 1524 (D.C. Cir. 1987). We review the Magistrate's factual findings in Equal Pay Act cases under a "clearly erroneous" standard. See Goodrich, 815 F.2d at 1524; Thompson v. Sawyer, 678 F.2d 257, 274 (D.C. Cir. 1982); Laffey v. Northwest Airlines, Inc., 567 F.2d 429, 453 (D.C. Cir. 1976), cert. denied, 434 U.S. 1086 (1978). As we said in Goodrich, "[t]he requirement that factual findings be upheld unless clearly erroneous, Fed. R. Civ. P. 52(a), constrains our review of the evidence." Goodrich, 815 F.2d at 1524. After review of the evidence, we conclude that the Magistrate was not clearly erroneous in his finding. Therefore it is

ORDERED and ADJUDGED by the Court that the grant of Appellee's motion for a directed verdict pursuant to 41(b) Fed. R. Civ. P. is AFFIRMED.


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