Joshi v. Florida State University, 80-5200
| Decision Date | 01 June 1981 |
| Docket Number | No. 80-5200,80-5200 |
| Parties | 26 Fair Empl.Prac.Cas. 300, 26 Empl. Prac. Dec. P 31,879 Dr. Anjali A. JOSHI, Plaintiff-Appellant, v. FLORIDA STATE UNIVERSITY et al., Defendants-Appellees. . Unit B |
| Court | U.S. Court of Appeals — Fifth Circuit |
Stephen Lindsey Gorman, Algia R. Cooper, Tallahassee, Fla., for plaintiff-appellant.
Gene T. Sellers, State Bd. of Ed., Gerald B. Jaski, Tallahassee, Fla., for defendants-appellees.
Appeal from the United States District Court for the Northern District of Florida.
Before TUTTLE, RONEY and VANCE, Circuit Judges.
Appellant, Dr. Anjali A. Joshi, appeals from dismissal of her employment discrimination suit under Title VII 1 in which she alleged that defendants 2 had discriminated against her on the basis of her sex, religion and national origin when they failed to offer her a position as staff physician at the Florida State University Health Center.
Appellant is a female physician, born and educated in India. In February 1974, she spoke with Dr. Robert Hunter, then director of the Florida State University Health Center, about employment as a staff physician. Dr. Hunter questioned her regarding her qualifications and gave her information about the operation of the Health Center. He then showed her around the Center and introduced her to several of the physicians employed there. 3 Dr. Joshi did not make a formal application at that time for two reasons: She did not have as yet a license to practice medicine in the United States, and she felt that caring for her two small children would preclude her from taking the required call duty. Dr. Hunter told her she should stay in touch with them.
In August, 1974, Dr. Joshi obtained her Florida medical license and so notified Dr. Hunter. However, Dr. Joshi did not make a formal application for a position as staff physician until August of 1975 when she finally felt she would be able to accept call duty.
During the middle of that month, she was interviewed by Dr. Hunter. According to his usual procedure, he conducted her through the medical center and introduced her to several physicians with whom she had brief interviews. 4 Following the tour, Hunter polled the physicians who had met Dr. Joshi. None had any objections to her personality or attitude. To this input from the staff physicians who would be working with Dr. Joshi, Dr. Hunter added his own evaluation of her written application. 5
Dr. Hunter found Dr. Joshi to be fully qualified for employment as a staff physician, but he needed written authorization from Dr. Homer Ooten, the university administrator with primary fiscal responsibility for the Health Center, before he could fill any position at the Center. On August 18, 1975, he submitted her name, along with the names of five other applicants he had found to be qualified, in a memorandum to Dr. Ooten requesting authorization to hire the six doctors. Dr. Hunter recommended the doctors in the order in which each had made a firm commitment to accept the appointment. 6 Dr. Ooten approved the hiring of the first four on the list. As Dr. Joshi's name was fifth on the list, she was not hired.
On August 21, 1975, Dr. Hunter wrote Dr. Joshi to inform her that he had not received approval to hire her. 7 He stated that she was "next on the list and (would) have the first opportunity for the next position that opens." On January 8, 1976, Dr. Hunter sent a memorandum to Dr. Ooten in which he requested authorization to hire Dr. Joshi "at the earliest possible date" since the medical center was understaffed and Dr. Joshi was next in line for employment in terms of qualifications and priority. 8
Dr. Ooten replied by memorandum dated January 19, 1976. He stated that he was concerned about the small number of physicians on the staff but that he felt that the fact that Dr. Joshi was next in line in terms of the date on which she had made a firm commitment to accept employment was insufficient justification for hiring her. 9 He stated that he did not feel that a commitment had been made to Dr. Joshi despite the implications of Dr. Hunter's letter to her on August 21, 1975. He requested Dr. Hunter to arrange for a select group of staff physicians to interview Dr. Joshi and forward their comments regarding her to him by way of a written recommendation. 10
On January 22, 1976, Dr. Joshi met with this committee. The next day, Dr. McHugh, who had chaired the committee, submitted a written report of the interview to Dr. Ooten. He stated therein that the committee had questioned Dr. Joshi about her past medical experience and reached the conclusion that she appeared well qualified for the position. However, he concluded with the statement that he felt the vacancies should be advertised to determine the availability of physicians prior to hiring any staff physicians. Ooten testified that he called a meeting of the committee members on February 20, 1976, in order to clarify the meaning of this report since it contained no clear recommendation either to hire or not to hire Dr. Joshi. He testified that he learned that some of the physicians had reservations about Dr. Joshi's qualifications. 11 Meanwhile, however, many things were happening at the Health Center.
Dr. Hunter had served as director of the Health Center since April, 1970. On February 11, 1975, he had sent a letter to Stanley Marshall, then President of Florida State University, in which he requested permission to step down from the position of director effective August 31, 1975, or earlier. No action had been taken on the request, and on January 23, 1976, the same day that the physician's committee made the report on Dr. Joshi referred to above, Dr. Hunter wrote to Dr. Ooten asking permission to relinquish the director's position effective January 31, 1976. This time Dr. Hunter's request was honored, and Dr. Philip Rond became acting director on or about February 1, 1976. Dr. Hunter testified that he assumed the position of staff physician, apparently the position to which Dr. Joshi aspired, on January 31, 1976. 12
In early February, 1976, Dr. Joshi telephoned Dr. Hunter to find out what had been the result of her interview. Dr. Hunter told her that he was no longer the director and that she should contact Dr. Ooten. Dr. Joshi testified that she tried to reach Dr. Ooten but that he failed to return her call. Still anxious to learn the results of her interview, she telephoned Dr. Yolande Mason, a black female physician who had been present at the interview, who told Dr. Joshi that she would see what she could find out. 13 Dr. Joshi then telephoned Dr. Ooten's supervisor, Dr. Stephen McClelland, who told her that he would look into the matter. Dr. Joshi testified that shortly thereafter, Dr. Ooten called her and told her there was no vacancy. Dr. Joshi testified that she then phoned Jim Vickery in the Vice Chancellor's office of the Board of Regents who told her he would see what the problem was. Dr. Joshi also contacted Dr. Freddie Groomes, an assistant to the president of FSU with primary responsibility for developing the University's affirmative action programs. 14
On February 26, 1976, Dr. Eugene Tubbs, a staff physician at the Health Center, resigned, creating a vacancy. On February 27, Dr. Ooten phoned Dr. Joshi and told her there was a vacancy for which they were going to advertise in the professional journals. That same day, Dr. Ooten wrote Dr. Joshi a letter to inform her that she was being considered for the position of staff physician. 15 From March 11, 1976, through March 20, 1976, a staff physician position was posted as vacant in accordance with state personnel rules.
On March 16, 1976, Dr. Rond sent a memorandum to Dr. McHugh requesting him to re-establish the Physician's Selection Committee 16 to prepare a recommendation for the general physician choice. The committee report dated March 17, 1976, contained three recommendations: First, they recommended that Dr. Hunter be placed in the category of Staff Physician. Secondly, they recommended that Dr. Joshi's application be "tabled until the results of an advertisement have produced, or failed to produce, further applications." Finally, the committee recommended that the Health Center make an effort to employ at least two more full time physicians.
On March 19, 1976, Dr. Ooten wrote to Dr. Joshi to inform her that the position for which she was being considered was to be filled by Dr. Robert Hunter. He stated that her qualifications were impressive but that the committee had "recommended the qualifications of the person selected over those of yourself." 17 On April 2, 1976, Dr. Joshi filed charges of discrimination with the Equal Employment Opportunity Commission.
On April 23, 1976, another staff physician, Dr. Treger, resigned, creating another vacancy at the Health Center. During the spring and summer of 1976, acting director Rond sought applications for physicians at the Health Center. Although he advertised and actively recruited certain physicians, 18 he made no effort to contact Dr. Joshi to notify her of the need for additional physicians at the Center.
On June 11, 1976, the Physicians Screening Committee 19 met to review the curricula vitae on hand of doctors who had written to date about employment in order to choose one for employment in the immediate future. The committee recommended that a position be offered to Dr. Charles Freeble, III, and that interviews be set up with three additional applicants. Dr. Joshi's name was not mentioned. Dr. Freeble turned down the offer on July 19, 1976.
On July 25, 1976, an advertisement announcing the association of Dr. Joshi with Dr. Edward Clark in the practice of family medicine in Medart, Wakulla County, Florida, appeared in the Tallahassee Democrat. Dr. Joshi, however, testified that she never withdrew her application from the university despite this association.
In September of 1976, acting Director...
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