No. 23-765

Mital Suman Kumar Patel v. Denis R. McDonough, Secretary of Veterans Affairs

Lower Court: Fourth Circuit
Docketed: 2024-01-17
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: civil-rights disparate-impact employment employment-discrimination medical-certification national-origin title-vii veterans-affairs
Key Terms:
EmploymentDiscrimina
Latest Conference: 2024-02-16
Question Presented (AI Summary)

Did this violate Title VII of the Civil Rights Act of 1964 by disparately impacting Dr. Patel and other like applicants on the basis of their national origin?

Question Presented (OCR Extract)

QUESTION PRESENTED At the time of Petitioners application for employment with the defendant institution, it was the policy of Veterans Affairs to require the following before granting clinical privileges to practice orthopaedic surgery: (1) current certification or active participation in the examination process leading to certification in orthopaedic surgery by the American Board of Orthopaedic Surgery, or (2) successful completion of an Accreditation Council for Graduate Medical Education or American Osteopathic Association accredited post graduate training program in orthopaedic surgery. Defendant denied Petitioner employment because he did not possess either of those requirements. Did this violate Title VII of the Civil Rights Act of 1964 by disparately impacting Dr. Patel and other like applicants on the basis of their national origin?

Docket Entries

2024-02-20
Petition DENIED.
2024-01-24
DISTRIBUTED for Conference of 2/16/2024.
2024-01-19
Waiver of right of respondent McDonough, Sec. of VA to respond filed.
2024-01-10
Petition for a writ of certiorari filed. (Response due February 16, 2024)

Attorneys

Dr. Mital Suman Kumar Patel
Michael James ConfusioneHegge & Confusione, Petitioner
Michael James ConfusioneHegge & Confusione, Petitioner
McDonough, Sec. of VA
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent