Supreme Court Will Not Review Case Holding That Proferred Reason For Suspension Of Black Cardiologist Was Legitimate And Nondiscriminatory
Denying certiorari, the United States Supreme Court turned aside a Fifth Circuit decision that, even assuming that a black cardiologist who, following a seven-month suspension from "cath-lab" privileges, brought a § 1981 action against a hospital established a prima facie case of intentional discrimination, he failed to show the requisite material fact issue on whether the hospital's proffered reason for the suspension pending an investigation of an alleged hostile working environment was not legitimate and nondiscriminatory.
The alleged remarks of a doctor who served on
both the ad hoc committee that initially recommended suspension and the board
that reviewed the recommendation, though reflecting a mistrust of the
cardiologist and his professional capabilities, did not show racial animus. An
alleged racial epithet used by a committee witness was insufficient to show that
the committee was motivated by racial bias. Other alleged remarks either
involved a black speaker or did not involve blacks. Opinions that the
cardiologist was resented in the lab and suspended because of his race were not
backed by supporting evidence.
Jenkins v. Methodist Hospitals of Dallas, Inc.