Morman v. Campbell Cnty. Mem’l Hosp. — Dec. 2015 (Summary)

EMPLOYMENT DISCRIMINATION

Morman v. Campbell Cnty. Mem’l Hosp.
No. 14-8090 (10th Cir. Dec. 2, 2015)

The Tenth Circuit Court of Appeals affirmed the dismissal of a female orthopedic surgeon’s equal protection claims against a hospital, Board members, and CEO with regard to alleged gender discrimination, holding the surgeon was not similarly situated to her male peers. The female surgeon was found to be hired solely for her skill and experience, whereas the three male surgeons were hired in conjunction with a multi-million dollar purchase of the male surgeons’ orthopedic business, including equipment, a building, and practice. Furthermore, the court of appeals affirmed the district court’s holding that the Board members and CEO were entitled to qualified immunity, stating the female surgeon had failed to identify a single case supporting her position that the law required her to be treated similarly to differently situated employees.