00-2948 Patt v. Family Health Systems, Inc., et al.

By: dmc-admin//February 11, 2002//

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“Although Rosner was paid a higher salary, the record shows that Rosner worked at Family Health at least a year longer than Patt, and that Rosner had completed four years of post-residency work to Patt’s two years at the time she was hired. Patt asserts that Rosner’s prior post-residency work had ‘no bearing on nor relationship to surgery,’ but Rosner’s curriculum vitae states that he previously served as ‘Director of Surgical Critical Care’ at a medical facility in New York. Years of service and prior experience are legitimate, non- discriminatory reasons for a wage disparity. See Wollenburg v. Comtech Manuf. Co., 201 F.3d 973, 976 (7th Cir. 2000) (‘Even if a man and woman are doing the same work for different pay, there is no violation if the wage discrepancy stems from a factor other than gender.’). Patt has thus failed to establish an unequal pay claim.”

Affirmed.

Appeal from the United States District

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