Law

Fifth Circuit Rules in Physician’s Employment Discrimination Case

/cdklawyers.com// 03/22/2012

The Fifth Circuit Court of Appeals recently ruled in a physician’s employment discrimination case. Nassar v. Univ. of Tex. S.W. Medical Center, No. 11-10338 (5th Cir. March 8, 2012), available at http://www.ca5.uscourts.gov/opinions/pub/11/11-10338-CV0.wpd.pdf. The jury found that the doctor was constructively discharged and retaliated against. The employer appealed.

 

Constructive discharge claims are essentially extreme hostile work environment claims and require a plaintiff to prove the existence of an aggravating factor, such as: (1) demotion; (2) salary reduction; (3) job responsibility reduction; (4) reassignment to inferior work; (5) reassignment to work under a younger supervisor; (6) badgering, harassment, or humiliation calculated to encourage the employee’s resignation; and (7) offers of early retirement or continued employment on less favorable terms. The doctor could only prove harassment, and this harassment did not make the working conditions so intolerable that a reasonable employee would feel compelled to resign. Thus, the Court vacated the judgment regarding the constructive discharge claim.

 

The Court concluded that evidence supported the retaliation claim because it showed that the employer blocked the doctor’s attempts to become employed by an affiliated entity in order to punish him for complaining about discrimination. The Court affirmed the judgment regarding the retaliation claim. The Court then remanded the case for reconsideration of the doctor’s monetary recovery and attorneys’ fees.

 

The Dallas employment law attorneys at Clouse Dunn LLP represent physicians in employment-related lawsuits and contract negotiations. To speak to these employment lawyers, contact them via email at info@clousedunn.com or telephone at 214 220 3888. 

Press Release Contact Information:

KEITH A. CLOUSE

Clouse Dunn LLP

214.220.2722
214.220.3833 ( fax)
keith@clousedunn.com

You May Also Like

Health News

The cosmetic and facial plastic surgery practice is hosting a grand opening celebration and ribbon cutting for its new Chattanooga state-of-the-art location.

Current News

“NEXT by TRT World Forum” Brought Together Globally Known Young Professionals

Current News

Merchants can now use the free get4it Competitive Analysis Tool to see the overall health of their store and inventory.

Business

Everything You've Ever Learned About Marketing And Advertising Is Wrong. Everything You've Ever Heard, Everything You've Ever Tried, And Everything You've Ever Done Is...

Exit mobile version