Parker v. United States

How later courts describe this case

• holding that plaintiff who accepted a lower paying job because it was the best job available had mitigated damages
• noting that the Equal Pay Act applies to jobs “held in immediate succession as well as simultaneously”
• holding, under the Jones Act, analogous to FELA, that an instruction was required because evidence of knowledge of dangerous conditions existing in the "line of duty" and carelessness comprised the entire defense
• reversing a lower court decision which ruled that a male-dominated bank management training program was bona fide
• primary duty of NLRB General Counsel in back pay proceedings is to show the gross back pay due each claimant
• "by 'lowering their sights' and accepting what might have been the best job available, the claimants were doing all that could reasonably be expected of them by way of mitigation"
• evidence of bargaining history 'not admissible to explain meaning of written contract term which is clear on its face and not ambiguous
• although the court generally recognized that a company might properly inaugurate or continue a training program with resulting pay differentials, the exemption was inapplicable to the particular program since the program was discriminatory