BRENNAN v. OWENSBORO-DAVIESS CTY. HOSP., ETC.

No. 73-1261.

523 F.2d 1013 (1975)

Peter J. BRENNAN, Secretary of Labor, United States Dept. of Labor, Plaintiff-Appellant, v. OWENSBORO-DAVIESS COUNTY HOSPITAL, CITY OF OWENSBORO, KENTUCKY, and Daviess County, Kentucky, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 30, 1975.


Attorney(s) appearing for the Case

Alfred G. Albert, Acting Sol. of Labor, Marvin Tincher, Regional Atty., Frank Steiner, Atty. U. S. Dept. of Labor, Nashville, Tenn., Donald S. Shire, Deputy Associate Sol., Carin Ann Clauss, Associate Sol., U. S. Dept. Labor, Washington, D. C., for plaintiff-appellant.

Philip B. Hayden, Ronald M. Sullivan, Sandidge, Holbrook, Craig & Hager, Owensboro, Ky., for defendants-appellees.

Before WEICK, McCREE and LIVELY, Circuit Judges.


McCREE, Circuit Judge.

This is an appeal from a judgment determining that appellees' practice of paying higher wages to "male nursing assistants"1 than those paid to "nurse assistants" who are female does not violate the Equal Pay Act of 1963, 29 U.S.C. § 206(d)(1), (3)2 because the wage differential was justified by differences in skill, effort, and responsibility and by dissimilarities in working conditions...

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