Simpson v. Beaver Dam Cmty. Hosps., Inc.
Decision Date | 11 March 2015 |
Docket Number | No. 14–2269.,14–2269. |
Citation | 780 F.3d 784 |
Parties | Michael H. SIMPSON, Plaintiff–Appellant, v. BEAVER DAM COMMUNITY HOSPITALS, INC., Defendant–Appellee. |
Court | U.S. Court of Appeals — Seventh Circuit |
Nicholas E. Fairweather, Colin B. Good, Hawks Quindel, S.C., Madison, WI, for Plaintiff–Appellant.
Timothy G. Costello, Krukowski & Costello, S.C., Milwaukee, WI, for Defendant–Appellee.
Before BAUER, ROVNER, and TINDER, Circuit Judges.
Plaintiff Michael H. Simpson, a black physician, sued Defendant Beaver Dam Community Hospital (“BDCH”), alleging that it violated Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981 by rejecting his application for medical staff privileges on the basis of his race. Simpson appeals from the district court's grant of summary judgment to BDCH. We affirm.
Dr. Simpson was recruited to apply for a family medicine position at BDCH in 2010. BDCH's President and Chief Executive Officer, Kimberly Miller, made the decision to offer Simpson employment with the concurrence of BDCH's Chief Operations Officer, Mark Monson, after Simpson interviewed with them and other staff at BDCH. (Neither Miller nor Monson is a physician.) Both Miller and Monson were aware of Simpson's race when they made the employment decision. BDCH paid the recruiter $12,000 because Simpson accepted its offer of employment.
BDCH's employment offer was for a position as a family practice physician pursuant to a Physician Employment Agreement, which stated that Simpson “must apply for, obtain and maintain” active medical staff membership and clinical privileges (collectively “medical staff privileges”) at BDCH. The agreement also provided that BDCH would pay Simpson a $20,000 signing bonus “within five (5) days after first day of employment.” However, receipt of the bonus was contingent on Simpson's obtaining medical staff privileges and fulfilling other conditions of the employment agreement.
Dr. Simpson applied for medical staff privileges at BDCH, submitting his application to BDCH's Credentials Committee in late April 2010. His application stated that he was board certified with the American Board of Family Physicians and held an unrestricted license to practice medicine in Indiana and Illinois. It also indicated that he was a defendant in two medical malpractice cases involving wrongful death, but it did not disclose that these claims were not covered by malpractice insurance. Simpson noted that he had received a professional sanction; he had been placed on academic probation during his first year of residency. By applying for appointment to the medical staff, Simpson expressly “authorize[d] and consent[ed] to the Hospital, its Medical Staff and their representatives to consult with Administrators and members of Medical Staffs of other hospitals with which [he has] been associated, and with others who may have information bearing on [his] competence, character and ethical qualifications.”
BDCH's Credentials Committee reviews an application for medical staff privileges and makes a recommendation to the Medical Executive Committee, which then reviews the applications and makes a recommendation to the Board of Directors regarding the granting or denying of medical staff privileges. The Board of Directors makes the decision whether to grant or deny medical staff privileges.
The Bylaws of the Medical Staff of BDCH state the following with respect to applications for medical staff privileges:
BDCH's Credentials Committee consisted of seven physicians, with one vote each. Dr. Joel Miller was the Chairman of the Credentials Committee and only voted in the event of a tie. A majority of the voting members of the Credentials Committee had to vote to grant medical staff privileges in order for the Committee to make a favorable recommendation to the Medical Executive Committee. Kimberly Miller and BDCH's Medical Staff Chief of Staff Dr. Eric Miller were non-voting members of the Credentials Committee. The Executive Assistant to the Medical Staff, Lisa Wendlandt, also attended Credentials Committee meetings to provide administrative support. (Kimberly Miller and Drs. Eric Miller and Joel Miller are not related.)
Beginning in the spring and continuing into the summer 2010, BDCH collected information regarding Dr. Simpson's application for medical staff privileges. On September 24, 2010, the Credentials Committee met to review his application. The minutes for the meeting note:
According to Dr. Joel Miller, this was the first time the Credentials Committee had considered a candidate who, although licensed in other states, was required by the Wisconsin State Medical Examining Board to take an oral exam prior to a decision on licensure. The Credentials Committee also had concerns about the two pending uninsured malpractice claims against Dr. Simpson and how they related to his ability to manage his practice and his interpersonal skills with his patients. The Committee tabled Simpson's application to obtain more information and deferred action on it until its next scheduled meeting on October 13, 2010.
Later on September 24, Dr. Simpson went to BDCH to get his $20,000 sign-on bonus check. He expressed frustration that the check was unavailable. As the district judge noted, the parties dispute whether Simpson became angry and aggressive during this encounter. Simpson asserts that he was not angry or aggressive, contending that it was a very benign meeting. But according to Kimberly Miller, Simpson was visibly upset, aggressive, and angry because his sign-on bonus was not available, and she had to calm him down. Of course, because Simpson opposes summary judgment, his description of this encounter must be credited. However, it is undisputed that Kimberly Miller's version of the encounter was discussed with Dr. Joel Miller, the Chairman of the Credentials Committee, as well as Dr. Eric Miller. (More on that later.)
After the Credentials Committee's September 24 meeting, Dr. Joel Miller requested additional information from the State of Wisconsin Division of Licensing and Regulation about Simpson's need to take an oral exam in order to be licensed to practice medicine in Wisconsin. BDCH never received a response. Simpson, however, explained that at his oral exam he just answered a few questions about his employment. Joel Miller also requested additional information from Simpson about the gaps in his employment and education history, the circumstances of the termination of his employment with Provena Services Corporation, and his board certification experiences.
Dr. Joel Miller received a negative reference from a staff member of one of Dr. Simpson's former employers regarding Simpson's behavior, which was similar to what had been reported to him about Simpson's conduct when he tried to get his sign-on bonus. Joel Miller discussed his concern about the negative reference with Kimberly Miller or Dr. Eric Miller, or both of them. Joel Miller also expressed his concerns about the two uninsured medical malpractice claims, the need for Simpson to take an oral exam rather than being licensed in Wisconsin without one, and the fact that Simpson was placed on probation during his residency.
On October 12, after discussion with Kimberly Miller or Dr. Joel Miller, or both, Dr. Eric Miller called Dr. Simpson to give him a “heads-up” about the Credentials Committee's concerns about his application for medical staff privileges. Eric...
To continue reading
Request your trial