QUESTION $11$

Hypothetical: Dr$.$ Dredd is a junior doctor at the Blackacre Hospital, which has $10$ doctors on staff. Dr$.$ Dredd is the only male doctor employed. Dr$.$ Dredd's only duties are to see non$-$emergency patients in the walk$-$in clinic. He does not perform surgeries and does not supervise any clinic employees. Dr$.$ Dredd's co$-$worker, Dr$.$ Cassandra Anderson, is employed as a surgeon. Due to her great skill she already supervises her own surgical team and has been given additional administrative duties with the hospital.

Dr$.$ Dredd finds out that Dr$.$ Anderson, who was employed at the same time as him and who technically shares the same level of seniority at the hospital, makes twice as much as he does. He sues Blackacre hospital for sex discrimination under the Fair Labor Standards Act. Is he likely to succeed?

No$.$ Dr$.$ Dredd is male and therefore the FLSA does not apply to him. Only women can claim discrimination under the FLSA.

Yes. It is unethical for a hospital to pay employees of the same level of seniority at different levels.

Yes. The law requires that employees at each level of seniority be paid a comparable amount.

No$.$ The two employees do not do substantially similar jobs and do not have substantially similar levels of skill, effort, or responsibility.