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T
he United States Court of Appeals for the Second Circuit recently dissected a bariatric surgeon’s discrimination claims. The surgeon alleged that his former employer discriminated against him based on his race and color when it favored another surgeon who allegedly harassed the plaintiff. However, the plaintiff misdiagnosed the situati
o
n. Let’s explore why his arguments fla
t
lined. The Prima Facie Misdiag
nosis The plaintiff alleged that his employer refused to hire an additional bariatric surgeon to join his practice but found backup coverage for another surgeon outside his protected classes. To establish a claim of discrimination based on such circumstantial evidence, a plaintiff