California’s Unruh Act Didn't Apply To Hospital Staff Physician
Johnson was a staff physician at a hospital. After termination of his staff position and hospital privileges, he asserted claims against the hospital for 1) race-based harassment in violation of 42 USC Section 1981; 2) violation of California's Unruh Act; and 3) race and sexual orientation discrimination in violation of California's Fair Employment and Housing Act (FEHA). The trial court dismissed the claims under Fed.R.Civ.P. 12(b)(1) and (6). The 9th Circuit affirmed, concluding that 1) any race-based harassing conduct was not sufficiently "severe or pervasive" to constitute actionable harassment under Section 1981; 2) the Unruh Act was inapplicable because Johnson's relationship with the hospital "was materially indistinguishable from that of an employee;" and 3) Johnson's FEHA claims were untimely.
Johnson v. Riverside Healthcare
The 9th Circuit Court of Appeals’ jurisdiction includes California, Oregon, Washington, Arizona, Montana, Idaho, Nevada, Alaska and Hawaii.
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