Wilson v. Sibley Memorial Hospital, Civ. A. No. 1851-71.

• Decision Date: 03 April 1972
• Docket Number: Civ. A. No. 1851-71.
• Citation: 340 F. Supp. 686
• Parties: Verne WILSON, Plaintiff, v. SIBLEY MEMORIAL HOSPITAL, Defendant.
• Court: U.S. District Court — District of Columbia

340 F. Supp. 686

Verne WILSON, Plaintiff, v. SIBLEY MEMORIAL HOSPITAL, Defendant.

Civ. A. No. 1851-71.

United States District Court, District of Columbia.

April 3, 1972.

R. Bruce Keiner, Jr., Washington, D. C., for plaintiff.

Thomas M. Raysor, Washington, D. C., for defendant.

MEMORANDUM AND ORDER

AUBREY E. ROBINSON, Jr., District Judge.

Jurisdiction of this action is founded upon the provisions of Title VII of the Civil Rights Act of 1964, Section 706(f), 42 U.S.C. § 2000e-5 (1971) where it is said, "Each United States district court ... shall have jurisdiction of actions brought under this subchapter." The Plaintiff, Verne Wilson, is a registered male nurse, a member of the Professional Nurses Registry in Washington, D. C., and a member of the Board of Registrars of the Professional Nurses Official Registry. Plaintiff asserts that the Defendant, Sibley Memorial Hospital, on two separate occasions, refused to permit Plaintiff to attend to female patients in violation of Title VII of the Civil Rights Act of 1964.

Defendant, Hospital, filed a Motion To Dismiss Complaint And/Or Motion For Summary Judgment. This Court considered this Motion and its accompanying briefs and affidavits as a Motion For Summary Judgment. Rule 12(b), Federal Rules of Civil Procedure The Court, having requested the filing of complete statements of material facts by the respective parties, finds that the facts of this case are not genuinely in dispute. The Court has considered all the pleadings submitted, and the respective parties' statements of fact.

The Court finds that Plaintiff, on February 12, 1968, and June 20, 1969 was refused employment opportunities because of his sex. Plaintiff duly complained to the District of Columbia Council on Human Rights. The charges of sex discrimination were filed with the Equal Employment Opportunity Commission (EEOC) within the jurisdictional time limitation prescribed by Title VII. The Commission made the requisite attempts at voluntary conciliation. Finding these attempts unsuccessful, EEOC issued Plaintiff notice of his right to sue, and this suit was filed within the requisite thirty day limit. 42 U.S.C. § 2000e-5(e) (1971)

Defendant substantially bases its Motion To Dismiss Or For Summary Judgment on the question of whether Plaintiff is an "employee" within the meaning of Title VII. 42 U.S.C. § 2000e(f) (1971) The question of whether Mr. Wilson is an "employee" of the hospital is not germane to our decision on the merits. A person need only be an aggrieved person to file a charge with the Equal Employment Opportunity Commission, and to later bring suit before a United States District Court. 42 U.S.C. § 2000e-5 (1971) "An aggrieved person obviously is any person aggrieved by any of the forbidden practices." Hackett v. McGuire Brothers, Inc., 445 F.2d 442, 445 (3d Cir. 1971) and note accompanying text. This Plaintiff fits within the description of an aggrieved person. The Defendant does not deny that it prevented Mr. Wilson, on two separate occasions, access to care for female patients to whom he was assigned by the Professional Nurses Registry.

The Professional Nurses Registry assigns nurses on its list to job opportunities as requests are phoned in by hospitals or individuals. The assignments are made by the Registry in a non-discriminatory fashion....