Ex-Surgery Technician Slaps Georgia Urology Practice With Federal Discrimination Lawsuit

Attorney and Author HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On November 7, 2022, a former surgical technician hit a Georgia urology practice with a federal discrimination lawsuit, claiming it denied him a raise after complaining that a co-worker threatened him because of his sexuality. The plaintiff sued Georgia Urology, P.A., alleging violations of the Americans with Disabilities Act, Title VII of the Civil Rights Act, the Fair Labor Standards Act, and various state laws. He said that in addition to harassment from co-workers, management denied him a predetermined raise after he complained about an unnecessary, unlawful disclosure of his medical history and denied him overtime pay. He is seeking back pay and future pay (front pay), lost benefits, and other damages.

Alleged Ongoing Harassment.

Georgia Urology hired the former surgical tech in July 2020, and shortly after this, he alleges that his co-workers started referring to him using slurs concerning his sexual orientation. After he reported the statements to the operations director, the interim director of the practice, and the CEO, they told him if he was that unhappy at work, he should find a new job, according to the complaint.

Additionally, as part of his onboarding procedure with the medical practice, the plaintiff was required to take a blood test. According to the complaint, the director of ambulatory surgery centers asked a nurse manager to administer the test and send the results to a lab. In early November 2020, the nurse manager contacted the lab using her company credentials and asked for the plaintiffs’ lab information. But she said she was calling concerning a patient, rather than an employee, of Georgia Urology, he alleged. As a result, the lab disclosed his diagnosis to her, which he said was not a necessary term of employment. The complaint did not indicate any diagnosis.

He reported the breach of privacy to the urology practice’s director of people operations, but she was never disciplined for her actions. Instead, according to the complaint, the nurse manager denied his automatic pay raise several days after, even though he had completed the 90-day probationary period. Furthermore, she later asked him how he was even hired given his diagnosis, he claims later in his complaint.

Alleged Retaliatory Behavior From Co-Workers.

Later in November 2020, he said the nurse manager issued a write-up for an alleged incident that had occurred several weeks before his reporting her for obtaining his medical files. The former surgical tech said the retaliatory write-up was removed from his file, but the defendant never disciplined her for issuing the write-up.

In early December 2020, he again complained to management about the ongoing harassment. In response, the practice agreed to give him his raise on the condition that he “stop whining so much,” but he claims he never received the raise, according to the complaint.

The defendant eventually fired the plaintiff on December 17, 2020, for allegedly creating a staff shortage when he was out sick, even though the practice was not short-staffed. You can read the complaint in this case in full here.

To read about a similar case involving a pharmacist, click here to read one of our prior blogs.

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To contact The Health Law Firm, please call (407) 331-6620 or toll free at (888) 331-6620 and visit our website at www.ThehealthLawFirm.com.

Sources:

Wargo, Abbey. “Ex-Surgery Tech Accuses Urology Practice Of Anti-Gay Bias.” Law360. (November 7, 2020). Web.

Ferrier, Valerie. “Bias Ruling Spotlights Confusion Over Protected Categories.” Law360. (August 25, 2020). Web.

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave. Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

Current Open Positions with The Health Law Firm. The Health Law Firm always seeks qualified individuals interested in health law. Its main office is in the Orlando, Florida, area. If you are a current member of The Florida Bar or a qualified professional who is interested, please forward a cover letter and resume to: [email protected] or fax them to (407) 331-3030.

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2022 The Health Law Firm. All rights reserved.

Female Scientist Files Suit Against Duke School of Medicine For Discrimination, Retaliation

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On August 10, 2023, a female scientist in the anesthesiology department at Duke University’s School of Medicine filed a complaint against the school under Title VII and the Equal Pay Act. She told the U.S. District Court for the Middle District of North Carolina that Duke paid her less than her male colleagues, increased her hours without increasing her pay, and threatened her with demotions after complaining about it.

According to the complaint (lawsuit), she was the first female principal investigator (PI) to work in Duke’s hyperbaric medicine center. The term “principal investigator,” as used in scientific research, means an individual with a medical degree or Ph.D. appointed directly by third parties (usually the sponsors) to lead and oversee funded scientific research projects on their behalf.

Alleged Hostile Work Environment.

Reportedly, on August 14, 2019, the scientist accepted the position of Assistant Consulting Professor in the Department of Anesthesiology at the Duke University School of Medicine. Because she was expecting to undergo several surgeries, she negotiated a part-time role in which she would work ten hours per week at a $30,000 salary, according to the suit. The federal government funded her projects. Duke clarified it paid her $70 an hour. Additionally, the lawsuit alleged that she was promised to receive more money if she exceeded 10 hours per week.

However, the plaintiff said that her supervisor began assigning her to additional work starting in December 2020 and raised her hours to 20 to 40 hours per week without any extra pay. She contacted the human resources department, but the problem went uncorrected, according to court documents.

Additionally, she began talking to her other colleagues, who were male PIs, about their pay rates and learned that they were all making more than her. The suit claimed that one male PI earned $100,000 for the same work she performed while receiving less than half that amount.

Alleged Gender Discrimination.

The scientist alleges that she complained to Duke about gender discrimination in August 2021. She said her supervisor presented her with an ultimatum two weeks later:
She could either be demoted to a staff position or be downgraded to a job assisting a male PI or resign from her current faculty position. She refused all options, the complaint said.

Subsequently, Duke allowed her contract to lapse, leaving her with 20 hours a week and unclear employment rights under the university’s internal policies, the suit said. According to the complaint, this resulted in her making far less than the $70-per-hour pay rate she was not only promised but also that the university was charging the federal government.

Therefore, she claims in the complaint Duke’s refusal to compensate her at the same pay rate as her male counterparts constitutes a violation of the Equal Pay Act.

The University’s Alleged Retaliation.

After she filed her complaints with the U.S. Equal Employment Opportunity Commission (EEOC), Duke allegedly retaliated against her, according to the suit. This occurred when Duke tried to reclassify her to a nonfaculty position and deprive her of human resources (HR) services and grievance rights.

She also claims that the university interfered with her attempts to escape the discriminatory and retaliatory environment of the anesthesiology department. The complaint states that Duke required her to apply only for staff positions and refused to allow her to be hired as faculty by another department. Still, according to the suit, her supervisor “spread malicious and false information about her” and told her she was ineligible for a transfer. And by mid-2022, she said, her supervisor had begun to refuse to speak directly to her altogether.

Her suit seeks back pay, punitive damages, and attorney fees. To read the entire lawsuit (complaint), click here.

To read other legal documents, visit our website’s Articles and Documents section.

Contact Health Law Attorneys Experienced in Representing Health Care Professionals and Providers.

At the Health Law Firm, we provide legal services for all health care providers and professionals. This includes physicians, nurses, dentists, psychologists, psychiatrists, mental health counselors, resident physicians and fellows, assisted living facilities, ambulatory surgical centers, nursing homes, and other healthcare providers. We represent principal investigators, clinical professors, medical researchers and others in defense of allegations of scientific misconduct, research fraud and similar matters.

The lawyers of The Health Law Firm are experienced in both formal and informal administrative
hearings and in representing physicians in investigations and at institutional review board (IRB) investigations and hearings, and university academic hearings. We represent physicians accused of wrongdoing, in patient complaints, and in Department of Health investigations. Several of our attorneys act as expert witnesses in attorney’s fee litigation and in health law litigation.

To contact The Health Law Firm, please call (407) 331-6620 or toll free at (888) 331-6620 and visit our website at www.ThehealthLawFirm.com.

Sources:

Freedman, Emmy. “Duke Paid Female Scientist Less Than Male Peers, Suit Says.” Law360. (August 10, 2023). https://www.law360.com/health/articles/1709732?nl_pk=0cbd4c0b-c6c8-416a-9e67-b4affa63b102&utm_source=newsletter&utm_medium=email&utm_campaign=health&utm_content=2023-08-11&read_main=1&nlsidx=0&nlaidx=18

Dalesio, Emery. “Duke University to Pay $54M to Settle Suit Over Hiring Agreement with UNC.” Insurance Journal. (June 7, 2019). https://www.insurancejournal.com/news/southeast/2019/06/07/528679.htm

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or Toll-Free: (888) 331-6620.

Attorney Positions with The Health Law Firm. The Health Law Firm is always looking for qualified attorneys interested in the practice of health law. Its main office is in the Orlando, Florida, area. If you are a member of The Florida Bar and are interested, forward a cover letter and your resume to: [email protected] or fax to: (407) 331-3030.

“The Health Law Firm” is a registered fictitious business name of and a registered service mark of The Health Law Firm, P.A., a Florida professional service corporation, since 1999.
Copyright © 2023 The Health Law Firm. All rights reserved.

 

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