Mital Suman Kumar Patel v. Denis R. McDonough, Secretary of Veterans Affairs

At the time of Petitioner’s application for employment with the defendant institution, it was the policy of Veterans Affairs to require the following before granting clinical privileges to practice orthopaedic surgery: (1) current certification or active participation in the examination process leading to certification in orthopaedic surgery by the American Board of Orthopaedic Surgery, or (2) successful completion of an Accreditation Council for Graduate Medical Education or American Osteopathic Association accredited post graduate training program in orthopaedic surgery. Defendant denied Petitioner employment because he did not possess either of those requirements. Did this violate Title VII of the Civil Rights Act of 1964 by disparately impacting Dr. Patel and other like applicants on the basis of their national origin?