Bhan v. Battle Creek Health Sys. — Apr. 2013 (Summary)

ADA/RACE DISCRIMINATION

Bhan v. Battle Creek Health Sys.
No. 1:10-CV-202 (W.D. Mich. Apr. 24, 2013)

The United States District Court of the Western District of Michigan (“district court”) granted a health system and hospital’s motions for summary judgment. A physician brought suit against a health system, hospital, and multiple other defendants after questions about his quality of care eventually led to the revocation of his privileges at both the health system and hospital. The physician claimed race discrimination under a state statute against the hospital, as well as a violation of the Americans with Disabilities Act against the health system.

The district court held that the physician failed to provide sufficient evidence that he was discriminated against based on race by the hospital. The court stated that the physician did not demonstrate he was treated differently from similarly situated physicians outside of the protected class. The court rejected the physician’s allegation that his supervisor would not sit down with him or treat him professionally, stating that these did not establish a case of discrimination. Even if the physician had established a case of discrimination, the court stated that the hospital provided legitimate evidence as to why his privileges should have been revoked.

The district court also granted summary judgment to the health system on the Title I ADA claim, stating that the physician had not yet exhausted his administrative remedies by not filing an Equal Employment Opportunity Commission charge, and thus had not received a right to sue letter. The court also found that even if he had exhausted such remedies, that he was not an employee. As for the Title III ADA claim, the court found that the most reasonable reading of Title III is that it extends to customers or clients of public accommodations, but not employees or independent contractors, and also dismissed that claim against the health system.