United States Ninth Circuit

In an action raising civil rights claims under federal and state law brought by a physician asserting that he was discriminated against based on his race, sexual orientation, and perceived disability by doctors and nurses at a hospital where he treated patients, dismissal of plaintiff's claims is affirmed over claims that: 1) for purposes of 42 U.S.C. section 1981, plaintiff raised a triable issue of fact as to whether the defendants created a racially hostile work environment; 2) dismissal of state Unruh Civil Rights Act claims was error as the provisions recognize a cause of action for the type of workplace discrimination alleged; and 3) FEHA claims were improperly dismissed even though the statute of limitations expired, as plaintiff was entitled to equitable tolling.

Appellate Information

• Argued 10/18/2007
• Decided 02/13/2008
• Published 02/13/2008

Judges

• Before:  DIARMUID F. O'SCANNLAIN and MILAN D. SMITH, JR., Circuit Judges, and MICHAEL W. MOSMAN, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Dale L. Gronemeier, Gronemeier & Associates, P.C., South Pasadena, CA, argued the cause for the plaintiff-appellant, and filed briefs.


• For Appellees:
  
• James L. Payne, Payne & Fears LLP, Irvine, CA, argued the cause for the defendants-appellees, and filed a brief;  Laura Fleming, Payne & Fears LLP, Irvine, CA, and Tami Smason, Foley & Lardner LLP, Los Angeles, CA, were on the brief.