Richard Lee Brown v. Secretary, U.S. Department of Health and Human Services

Directed verdict; wage discrimination; Ohio's Equal Pay Act; R.C. 4111.17; age discrimination; disparate treatment; disparate impact; prima facie case; indirect evidence; R.C. 4112.02; de novo. Judgment affirmed. The trial court's grant of appellee's motion for directed verdict on appellant's wage- and age-discrimination claims was proper. Appellant failed to demonstrate that the employee wage compensation plan adopted by appellee is discriminatory and violates R.C. 4111.17 and 4112.02. When construing the facts most strongly in appellant's favor, we find that appellant did not meet his burden to establish the elements of his wage-discrimination claim or his age-discrimination claim. Appellant admitted that all of the vascular interventional radiologists with the same academic rank were paid the same base salary, failed to present evidence of adverse employment actions by appellee, and failed to present a statistically relevant analysis to prove that appellee's wage compensation plan caused an adverse impact on employees over 40.