Showing 12 posts from May 2013.

Seventh Circuit: Physician’s State-Court suit Challenging Denial of Privileges Precluded Subsequent Federal Discrimination Claim

The Seventh Circuit Court of Appeals has reminded one Illinois physician that he only gets one bite at the apple when it comes to federal discrimination claims— and the case presents a unique and potentially powerful new defense for employers of physicians and other regulated professionals. The case, Dookeran v. County of Cook, No. 11-3197 (7th Cir. May 3, 2013), arose when the defendant hospital denied the plaintiff physician’s reappointment following his two-year review, during which he acknowledged for the first time that he had been reprimanded by his former employer for creating a hostile work environment. The physician subsequently filed suit in Illinois state court requesting judicial review of the hospital’s decision under a writ of common-law certiorari and, at the same time but in a separate EEOC action, he lodged charges of race and national origin discrimination. The Illinois courts upheld the decision to deny his privileges in the certiorari suit. Shortly after that state court proceeding had concluded, however, the physician received an EEOC right-to-sue letter and filed a second lawsuit against the hospital in federal court.  More ›

Attorney fees not Available in Mixed Motive Retaliation Claims Under Title VII, Seventh Circuit Rules

Under Title VII, in “mixed motive” discrimination cases (i.e., discrimination motivated in part, but not entirely, by an impermissible factor), an employer may limit Plaintiff’s recovery where it can show that it would have made the “same decision,” regardless of the impermissible motive. But the employer may still be compelled to reimburse the plaintiff’s costs and attorney fees. More ›