An Egyptian-born doctor, who was a naturalized U.S. citizen, was subjected to ha
ID: 3496234 • Letter: A
Question
An Egyptian-born doctor, who was a naturalized U.S. citizen, was subjected to harassment from his supervisor at a Texas hospital because of his national origin, including statements such as "middle easterners are lazy." He ultimately left the hospital but was denied a position at a second hospital because of a poor referral from the first hospital. Can the poor referral constitute national origin discrimination? Another doctor at the original hosptal refused to support the supervisor against the Egyptian-born doctor when asked to do so. Can the second doctor sue for national origin discrimination if he suffers retaliation because of his refusal, even if the retaliation against him is not based on his national origin, but instead because of the underlying case?
Explanation / Answer
Can the poor referral constitute national origin discrimination?
Yes, the poor referral may constitute national origin discrimination. Since the supervisor is prejudiced against Europeans and that comes in when he says that "middle easterners are lazy." And this prejudice has led the supervisor to make a referral that has shown his discrimination against the European doctor.
Can the second doctor sue for national origin discrimination if he suffers retaliation because of his refusal, even if the retaliation against him is not based on his national origin, but instead because of the underlying case?
No, the second doctor cannot sue for national origin discrimination, even if he suffers retaliation. This is because, he is not being harassed on his origin or nationality, it is someone else who is being harassed. And he is supporting him according to his free will. Though, he can sue the under other acts, which include occupation related discriminations. In this case, only the first doctor can sue the supervisor for discrimination.