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Donaire v. NME Hospital, Inc.
Citations: 27 F.3d 507; 1994 U.S. App. LEXIS 19212; 65 Empl. Prac. Dec. (CCH) 43,214; 65 Fair Empl. Prac. Cas. (BNA) 674; 1994 WL 362139Docket: Nos. 92-2653, 92-2845
Court: Court of Appeals for the Eleventh Circuit; July 28, 1994; Federal Appellate Court
Summary: The court affirms the summary judgment in favor of the defendants in an employment discrimination case brought by Ernesto G. Donaire, who alleged discrimination based on his Philippine birth and ancestry. The court does not adopt the district court's view that Filipinos are not a protected class but agrees with its conclusion that there is insufficient evidence of racial discrimination. Donaire, whose contract with Seven Rivers Community Hospital was terminated, filed claims under 42 U.S.C. §§ 1981 and 1985(3) against NME Hospitals, Inc. and its staff, alongside state law claims for tortious interference, injunctive relief, and breach of contract against the corporate defendant. The district court granted summary judgment on the federal claims and dismissed the state claims. Donaire, born in the Philippines, had a contract for anesthesia services that allowed termination without cause. Although he was required to be board certified, he never achieved this certification despite being eligible since 1984. In 1987, Dr. Michael Heindel was hired as a full-time anesthesiologist, became board certified, and ultimately was given an exclusive contract, while Donaire's contract was terminated in January 1989. The court found that the evidence indicated Donaire's termination was not due to his ethnicity or nationality, as he was offered a new contract by Heindel, which included time to prepare for required exams. Dr. Heindel offered Dr. Donaire partnership contingent on passing exams, which Dr. Donaire declined. Consequently, due to the hospital's exclusive contract with Dr. Heindel, Dr. Donaire could not access the hospital’s facilities. The district court faced challenges regarding claims of discrimination against "foreign-born" physicians, noting a preference for "American" physicians but concluded that Filipinos do not constitute a protected class under 42 U.S.C. § 1981. However, the appellate court rejected this conclusion, affirming that allegations of intentional discrimination based on ancestry or ethnic characteristics meet the pleading standards of § 1981. Citing precedents that recognize various ethnic groups as protected classes, the court acknowledged that claims regarding discrimination against Filipinos are viable. Nevertheless, the court upheld the district court's finding that Dr. Donaire failed to substantiate his discrimination claims, indicating that his employment decisions were not influenced by his ancestry. The ruling highlighted that the case's outcome was fact-driven rather than a legal interpretation issue. Additionally, the plaintiffs' state claims were remanded and later dismissed without prejudice. The defendants' cross-appeal for attorney’s fees and sanctions was denied without abuse of discretion. The decision was affirmed.