Physician Allegedly Denied Hospital Privileges Becuase of His Race Cannot Assert Federal Section 1981 Claim

In Jiminez v. Wellstar Health System, a federal Court of Appeals upheld the dismissal of a physician's suit against a Hospital brought under 42 USC 1981 for alleged racial discrimination in the denial of his hospital privileges. The Court held that the decision to deny the physician hospital privileges was not an act proscribed by Section 1981, in that it did not breach any contractual agreement with the Hospital itself, it did not interfere with the physician's right to contract with his patients, and did not deprive him of a property interest because he had no contractual or state law entitlement to practice medicine. A copy of the decision can be read here.

Since private physicians in most cases are not employed by the hospital where they may provide treatment to patients and, thus, are unable to assert claims of employment discrimination under Title VII or other similar employment-related civil rights laws, physicians may seek relief under other civil rights laws, such as 42 USC 1981, in connection with claims of alleged discrimination relating to their hospital privileges or other similar associations with a hospital. This decision is helpful in defending those types of claims on the grounds that these federal statutes are not implicated in those circumstances.

If you would like guidance or counsel in defending a claim of discrimination under 42 USC 1981 or any other civil rights statute, please contact Eric Gunderson and/or visit the Farrell & Gunderson website.