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Male Rad Tech, 40, Claims Age, Sex Bias In Suit

April 5, 2012
Written by: , Filed in: Practice Management
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James Boone of Bucks County, Pennsylvania, on Friday filed a wrongful-termination lawsuit against Abington Memorial Hospital of Abington, Pennsylvania, over his firing as a radiology technician.

The lawsuit, which lists Boone’s former direct supervisor as a co-defendant, claims the firing stemmed partly from Boone’s filing of a complaint of age and sex discrimination against the hospital more than a year ago.

The Pennsylvania Record legal journal says the lawsuit gives this account of events:

Boone, now 40 years old, began working for the hospital in summer 2006 as a radiology technician. He was given consistent work hours until March 2010, when he received a new supervisor.

Joan Diaz, the new supervisor, immediately cut all of Boone’s work hours. Diaz gave those hours to younger female employees, most of them newly out of school. Boone had helped to train some of them when they were students.

In April 2010, Boone received only a few work hours, all of them for conducting CPR training, not doing radiology work. Through November 2010, Boone regularly requested to be scheduled for radiology shifts. Diaz declined. She did schedule him to work for two days in August 2010, but he was replaced at the last minute by two younger female employees.

Diaz said the hospital was making cuts to the radiology department. According to the suit:

However, several new radiology technologists were hired after Plaintiff’s hours were cut.

In late 2010, Boone filed an internal complaint with the hospital’s human resources department. A few weeks later, in December 2010, he filed a complaint with the U.S. Equal Employment Opportunity Commission. It alleged that he was being discriminated against because of his age and sex.

Throughout 2011, Boone was scheduled to work only occasionally, and then only as a CPR teacher, not a radiology technician. In February 2012, he received a five-year pin from the hospital for his services. On March 26, he was fired. Four days later, he filed suit. The suit claims:

Plaintiff’s sex and/or age was a substantial and/or motivating reason for reducing Plaintiff’s overall work hours, and completely cutting his radiology hours.

The suit continues: “Plaintiff’s termination, which was alleged to be because Plaintiff had ‘stopped working,’ was not justified because Plaintiff received a 5-year employment pin just a few weeks prior to the termination, and worked occasionally throughout 2011 doing CPR re-certifications and teaching CPR classes.”

The lawsuit also claims that Boone’s firing was retaliation for his earlier complaints against his supervisor and the hospital. It seeks back pay, front pay (for future losses that Boone will suffer if he does not find a comparable position), unspecified compensatory and punitive damages, and reimbursement of attorneys’ fees and other costs of the litigation.

It requests a jury trial.

As far as we can determine, neither defendant has commented on the suit.

Related seminar: The Business of Radiology

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