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HODGSON v. BEHRENS DRUG COMPANY

No. 72-1680.

475 F.2d 1041 (1973)

James D. HODGSON, Secretary of Labor, U. S. Department of Labor, Plaintiff-Appellee, v. The BEHRENS DRUG COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Amended March 7, 1973.

Attorney(s) appearing for the Case

Tracy Crawford, Tyler, Tex., Wilford W. Naman, Waco, Tex., for defendant-appellant.

Richard F. Schubert, Sol. of Labor, U. S. Dept. of Labor, Washington, D. C., M. J. Parmenter, Regional Sol., U. S. Dept. of Labor, Truett E. Bean, U. S. Dept. of Labor, Dallas, Tex., Carin Ann Clauss, Donald S. Shire, Anastasia T. Dunau, U. S. Dept. of Labor, Washington, D. C., for plaintiff-appellee.

Before RIVES, THORNBERRY and GOLDBERG, Circuit Judges.

RIVES, Circuit Judge:

In this case brought by the Secretary of Labor under the Fair Labor Standards Act, the district court found that Behrens Drug Company (hereinafter Behrens) discriminated against certain female employees by compensating them at a lower rate than their male counterparts. Behrens appeals, arguing that each contested male-female wage differential rests on legitimate grounds—that the males involved are either participating in a bona fide training...

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