Sixth Circuit Dismisses Racial Discrimination Claim by Surgeon Following Suspension of Privileges

February 13th, 2014Health Law

For Brintley to prevail on her state-law racial discrimination claim, the appeals court observed that the lack of any direct evidence that St. Mary’s discriminated against her on the basis of her race required Brintley to present evidence that the hospital treated her differently than “similarly-situated employees” who were not African American. Brintley alleged St. Mary’s imposed less-restrictive interventions on two Caucasian doctors than it imposed upon her. However, the court noted that “neither of the other two doctors had the history of serious complications that Brintley did. Thus, neither of them are similarly situated to Brintley, and her Elliot-Larsen claim therefore fails.” situated to Brintley, and her Elliot-Larsen claim therefore fails.”

1 Brintley v. St. Mary Mercy Hosp., No. 12-2616 (6th Cir. Nov. 16, 2013).
2 42 U.S.C. § 1981.
3 42 U.S.C. § 1981.


“Sixth Circuit Dismisses Racial Discrimination Claim by Surgeon Following Suspension of Privileges.”

American Health Lawyers Association. (Email Alert).  Feb. 13, 2014

Michael R. Schulze, Co-written with Harry Shulman

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