Residency

Court: Resident may sue under Title IX

Residency Program Insider, April 7, 2017

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The Third Circuit Court of Appeals recently ruled that a former medical resident can sue Mercy Catholic Medical Center in Philadelphia under Title IX of the Education Amendments of 1972. In Doe v. Mercy Catholic Med. Ctr., the plaintiff alleged she was dismissed from her program after complaining about sexual advances from her superior and sued the hospital under Title IX, which prohibits sex-based discrimination in education programs that receive federal funds. A lower court held that the resident couldn’t sue under Title IX and dismissed the case. However, on appeal, the Third Circuit concluded that the hospital’s residency program, which is run through an affiliation with Drexel University's College of Medicine, fell under Title IX’s definition of an “education program or entity.”

Source: Clark Hill PLC



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