A medical resident sued a San Francisco-based medical center for gender discrimination and retaliation
A recent case has raised a novel issue among California courts – if a medical resident claims that she was dismissed based on gender discrimination and in retaliation for her complaints, is the matter subject to the rule of academic deference?
In Khoiny v. Dignity Health, a medical center’s internal medicine program dismissed a resident – the plaintiff in this case – after she completed her second year of the three-year program. The plaintiff filed a complaint alleging gender discrimination, retaliation for reporting such gender discrimination, and failure to prevent gender discrimination or retaliation. She claimed that the defendant medical center violated the Fair Employment and Housing Act, the Health and Safety Code, and the Labor Code.
During a jury trial, the trial court instructed the jury that the matter was entitled to academic deference since the defendant’s residency program was academic in nature. Therefore, according to the trial court, the defendant’s academic judgment should stand unless the jury found it to be one of the following:
- arbitrary and capricious;
- not based on academic criteria; or
- motivated by bad faith, ill will, retaliation, or discriminatory reasons unrelated to academic performance.
Since the jury answered that the defendant’s decision was none of those things, it was upheld. In a decision published this month, the California Court of...
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