TITLE VII/EMPLOYMENT ACTION

Deshpande v. Medisys Health Network, No. 07-CV-375 (NGG)(VVP) (E.D.N.Y. May 7, 2008)

The United States District Court for the Eastern District of New York denied the defendant hospital and medical network's (collectively, the "hospital") motion to dismiss a physician's Title VII complaint. The complaint alleged that the physician's employment, in violation of Title VII, was curtailed in retaliation for a previous EEOC action filed by the physician against the hospital.

In denying the motion, the court held that, while, generally, the doctrine of primary jurisdiction dictates that a physician first challenge a termination of privileges with the New York Public Health Council ("PHC"), when the PHC's technical expertise is not required, and thus there is no risk of inconsistent interpretations of a broad rule, the court may exercise its discretion to hear the case before any initial hearing by the PHC. In this case, because it was alleged that the physician's privileges were curtailed because of his interpersonal and supervisory behavior, the court found that the PHC's expertise was not needed. Additionally, the court held that the physician's allegation that the hospital selectively chose him for monitoring and a shortened privileges period in retaliation for a past action brought against the hospital was sufficient at the pleadings stage to survive a motion to dismiss.