A
hospital administrator brought suit against a hospital after he was terminated
from employment through the elimination of his position. The administrator
alleged that his termination was in retaliation for his frequent complaints
about the hospital's hiring practices related to African-Americans, the hospital's
violation of pharmacy and physical therapy supervision requirements, and illegal
inducements being provided to physicians. He also asserted that the hospital's
stated reasons for termination, namely that he inadequately performed his functions
in physician recruitment, business development, and marketing, were pretextual.
The trial court granted summary judgment in favor of the hospital, but the
California Court of Appeal reversed, finding that there was a triable issue
of fact regarding whether the administrator had been terminated as a result
of his discrimination complaints. The court's decision was based, in part,
on the fact that the administrator made repeated complaints to the hospital's
president and CEO regarding the hospital's hiring practices, and it was this
individual who made the determination to eliminate
the administrator's position.