Physician Licensure/Residents

Bernales v. Mercy Health Sys., No. 04-2694 (7th Cir. Feb. 7, 2005)

To obtain a medical license in Wisconsin, a candidate must pass three separate licensing examinations within seven years. A resident repeatedly failed his third examination, and by the time he passed it, 10 years had passed since the first examination. When the directors of his residency program learned that he would be ineligible to obtain a medical license, they informed him that he would not be invited back to complete his residency program. The resident sued the hospital, alleging that the hospital's failure to renew his contract was motivated by racial and national origin discrimination. The federal district court found that the resident failed to establish a claim because he did not show that similarly situated employees outside his protected class were treated more favorably. Also, the hospital articulated legitimate, non-discriminatory reasons for its actions. The Circuit Court of Appeals for the Seventh Circuit affirmed the district court's decision.