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Former LVHN cardiologist files lawsuit

A former cardiologist at Lehigh Valley Health Network has filed a federal lawsuit alleging gender discrimination, unequal pay practices, retaliation, and constructive discharge over her 17-year tenure at the healthcare organization.

Dr. Amy M. Ahnert’s allegations, submitted to the U.S. District Court for the Eastern District of Pennsylvania, outline a series of claims under the Lilly Ledbetter Fair Pay Act of 2009, Title VII of the Civil Rights Act of 1964, and other employment laws.

The complaint, originally filed in June followed by an amended complaint in December, states that LVHN “implemented an intentional discriminatory pay practice that significantly underpaid Ahnert” compared to her male counterparts. This practice allegedly persisted throughout her career at the network.

Ahnert’s complaint highlights her numerous professional achievements, including starting “one of the largest women’s cardiovascular programs in the country,” earning recognition as “top teacher of the year by the medicine residency,” and receiving the American Heart Association’s “Heart of Gold” award for her leadership and dedication. Her evaluations consistently rated her a “Top Performer,” with one noting, “Her passion for patient care and supporting the outreach to our community is a model for all in our group and the organization.”

Despite the accolades, the complaint alleges that Dr. Ahnert faced systemic discrimination.

Pay disparity

According to the complaint, she was told during her first year that she needed to “prove herself” and was paid $50,000 less than outlined in LVHN’s standard compensation plan.

In meetings about pay disparity, Dr. Michael Rossi, LVHN’s Executive Vice President and Chief Clinical Officer, was reportedly present but did not address the issue.

Ahnert’s complaint outlines several alleged instances of gender-based discrimination. She describes applying for the Chief of Cardiology position in 2019, becoming one of two finalists, and being passed over despite being the best-qualified candidate. According to the lawsuit, the position was left vacant, allegedly to “search for a male Chief of Cardiology.”

During the COVID-19 pandemic, Ahnert says she stepped in as the de facto Chief of Cardiology, overseeing staffing, scheduling, and implementing office procedures, without additional pay or a formal title.

The complaint quotes Dr. Ronald Freudenberger, LVHN’s Physician in Chief, as saying during a meeting about pay inequity, “I hear you, and I will try to fix it and rectify it this year.”

However, Ahnert alleges that no action was taken.

Office cleared

In April 2022, she discovered that her office had been cleared to make space for Dr. Eric Elgin, the new chief of cardiology. Ahnert claims she was “never asked, much less notified,” about the move, which she described as “disrespectful and demeaning conduct.”

Elgin allegedly did not begin working until months later, in June 2022.

The complaint further describes how Ahnert’s compensation was reduced in 2022, allegedly in violation of her employment agreement. When she raised concerns, a financial services professional reportedly stated, “It is what it is,” and that LVHN had the right to adjust compensation at any time.

Ahnert asserts that this retroactive pay decrease targeted her alone.

In early 2023, Ahnert detailed her mistreatment to Elgin and requested a new title, fair compensation, and a revised pay model. She claims Elgin responded positively, stating he would “get back to her very soon,” but within weeks, she was removed from her leadership role. Her position was given to Dr. Ben Sanchez, who was granted the title of “Chief of Clinical Cardiology,” the same title Ahnert had requested.

The complaint describes Sanchez as “substantially less qualified” than Ahnert.

It also alleges retaliatory actions, including Ahnert’s exclusion from events such as a prominent LVHN reception at the Saucon Valley Country Club. Ahnert says she was uninvited via text message on the day of the event by Liv E. Vesely, LVHN’s Senior Vice President and Chief Philanthropy Officer.

A member of the board of directors, John Malloy, reportedly expressed his “displeasure” with her treatment to senior LVHN leadership, prompting an apology email from Freudenberger and LVHN CEO Dr. Brian Nester, which Ahnert described as “hollow and disingenuous.”

Faced with what she described as “intolerable working conditions,” Ahnert submitted her resignation in early 2024. Her final paycheck was issued on Jan. 25, 2024, and she received a right-to-sue letter from the Equal Employment Opportunity Commission on March 15, 2024.

The lawsuit seeks damages for economic losses, emotional distress, and punitive measures against LVHN.

Ahnert is represented by Barber Law LLC, a New Jersey-based firm specializing in employment law.

LVHN response

LVHN has moved to dismiss portions of the lawsuit, arguing that some of Ahnert’s claims are untimely. The health network contends that allegations related to incidents prior to May 12, 2023, fall outside the statute of limitations under Title VII of the Civil Rights Act.

LVHN stated that “discrete discriminatory acts are not actionable if time-barred, even when they are related to acts alleged in timely filed charges,” citing National Railroad Passenger Corp. v. Morgan.

Additionally, LVHN disputes the validity of Ahnert’s claims of a hostile work environment, arguing that her allegations fail to meet the legal standard for severe or pervasive conduct.

“A complaint must contain sufficient factual matter… to state a claim for relief that is plausible on its face,” Steve Hoffman, who is representing LVHN, wrote in a brief. Hoffman argues that Ahnert’s assertions of unequal pay and exclusion from opportunities are conclusory and lack evidence of intentional gender-based discrimination.

LVHN also contends that Ahnert’s retaliation claim should be dismissed, asserting that she did not experience an adverse employment action but voluntarily resigned. “Dr. Ahnert does not allege that she was threatened with, suggested or encouraged to resign, was demoted or involuntarily transferred to a less desirable position, had an alteration of her job responsibilities, or received unsatisfactory job evaluations,” Hoffman wrote. “To the contrary, Dr. Ahnert alleges that she was a top performer and told she has a bright future in leadership. Tellingly, Dr. Ahnert describes her decision to resign as her belief that “her career path had hit a dead-end.”