Riaz Baqir, M.D. v. Anthony J. Principi, Secretary, Department of Veterans Affairs

434 F.3d 733, 2006 U.S. App. LEXIS 1376, 87 Empl. Prac. Dec. (CCH) 42,236, 97 Fair Empl. Prac. Cas. (BNA) 473, 2006 WL 146111
CourtCourt of Appeals for the Fourth Circuit
DecidedJanuary 20, 2006
Docket04-2369
StatusPublished
Cited by205 cases

This text of 434 F.3d 733 (Riaz Baqir, M.D. v. Anthony J. Principi, Secretary, Department of Veterans Affairs) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Riaz Baqir, M.D. v. Anthony J. Principi, Secretary, Department of Veterans Affairs, 434 F.3d 733, 2006 U.S. App. LEXIS 1376, 87 Empl. Prac. Dec. (CCH) 42,236, 97 Fair Empl. Prac. Cas. (BNA) 473, 2006 WL 146111 (4th Cir. 2006).

Opinions

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge HARWELL joined. Judge GREGORY wrote a separate opinion concurring in part and dissenting in part.

KING, Circuit Judge.

Dr. Riaz Baqir appeals the district court’s award of summary judgment in favor of the Secretary of the Department of Veterans Affairs (the “VA”) in Baqir’s employment discrimination suit. Baqir initiated this action in the Western District of North Carolina, alleging claims under, inter alia, Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e to 2000e-17 (“Title VII”), and the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 621-634 (the “ADEA”). Baqir maintains that the VA subjected him to a hostile work environment during his employment at the VA Medical Center in Asheville, North Carolina (the “Asheville VA Center”); discharged him from that employment on the basis of his race, color, religion, national origin, and age; and retaliated against him for seeking administrative relief on his discrimination claims. Following discovery, the court awarded summary judgment to the VA on each of Baqir’s Title VII and ADEA claims. As explained below, we affirm.

I.

A.

In his complaint, Baqir alleges that he is black, he is a practicing Muslim, his national origin is Pakistani, and he was born [735]*735on November 1, 1946.1 After receiving a medical degree in Bangladesh in 1970, Ba-qir pursued his career as a physician in the United States, eventually as a cardiologist. He worked as a cardiologist at a hospital in New York between 1989 and 1994, and at the VA Medical Center in Wilkes-Barre, Pennsylvania (the “Wilkes-Barre VA Center”), between 1994 and 1998. In April 1998, Baqir left the Wilkes-Barre VA Center for a one-year unaccredited fellowship at the Pennsylvania Hospital in Philadelphia. His fellowship focused on training in the specialized field of interventional cardiology, which involves performing invasive procedures such as catheterizations to treat blockages in coronary arteries with balloons, stents, and cutting devices. During his fellowship, Baqir acted as the primary operator on only basic — and never complex — procedures. Nevertheless, upon the completion of his fellowship, Baqir’s supervisors recommended him as an interventional cardiologist, observed that he was ready to perform more complicated procedures, and opined that he was prepared to work independently.

Baqir was thereafter hired to serve as an interventional cardiologist at the Ashe-ville VA Center, a job opportunity created by the resignations of the only two inter-ventional cardiologists on the Asheville VA Center’s staff. Baqir was expected to serve as the sole interventional cardiologist at the Asheville facility and to work independently without further specialized training.2

On July 7, 1999, Baqir (then age fifty-two) received a written employment offer from the Asheville VA Center. The offer specified that Baqir’s appointment was contingent upon his “satisfactory completion of the credentialing process” and “approval by the Medical Center Director,” and that the appointment was to run for a temporary period not to exceed thirteen months. J.A. 62.3 Baqir had been recruited to work for the Asheville VA Center by its Chief of Surgery, Dr. Peter McKeown; however, as reflected in the written offer, the final hiring authority rested with the Medical Center Director, James Christian, a non-physician.

On July 15, 1999, the Physician Professional Standards Board and the Medical Staff Executive Council (together, the “Board”) of the Asheville VA Center met to review Baqir’s credentials and consider his request for privileges in interventional cardiology.4 It was observed that, although Baqir was recommended as an in-terventional cardiologist by his supervisors at the Pennsylvania Hospital, one of his colleagues at the Wilkes-Barre VA Center described Baqir’s practice abilities as “average” and refused to sign a peer appraisal form because the number of procedures [736]*736that Baqir claimed to have performed “appeared grossly exaggerated.” J.A. 65. Based on these mixed reviews of Baqir’s work, the Asheville VA Center’s Chief of Medicine, Dr. Lewis Elliston, expressed concern that Baqir was inexperienced and that there was no,interventional cardiologist on staff to proctor him. Id.5 Accordingly, the Board recommended, on July 15, 1999, that Baqir be granted privileges in “general, diagnostic cardiology,” but that privileges in interventional cardiology be withheld pending an assessment of Baqir by an interventional cardiologist at another facility. Id. at 65-66. These recommendations, as embodied in the minutes of the Board meeting, were accepted by the Asheville VA Center’s then-Acting Chief of Staff, Dr. James Martin, and given final approval by Christian.6

B.

Baqir began working for the Asheville VA Center on July 18, 1999. According to the written offer, his annual salary was set at $92,217, and he was given a “special pay” enhancement of $41,500 based on his skill level. On July 19, 1999, Baqir signed a standard “Special Pay Agreement” that contained provisions providing for the full refund of the special pay if his employment ended either “voluntarily or because of misconduct” prior to July 17, 2000. J.A. 211.

Pursuant to federal travel regulations, Baqir was entitled to payment of his moving expenses, as well as storage of household goods for ninety days (plus an additional ninety days under certain circumstances upon Baqir’s written request). Baqir’s belongings were picked up by a moving company, delivered to Asheville on July 27, 1999, and, because Baqir was not able to receive the goods, placed into storage by the moving company, all at the VA’s expense. Baqir had until approximately October 27, 1999, to retrieve his belongings or request an extension of the paid storage period.

C.

During its July 15, 1999 meeting, the Board had decided that Baqir’s direct supervisor, Elliston, would arrange for Baqir to go to the VA Medical Center in Durham, North Carolina (the “Durham VA [737]*737Center”), for an assessment of his skills in interventional cardiology. Meanwhile, Ba-qir was to be proctored in diagnostic cardiology at the Asheville VA Center by Dr. Sundeep Mediratta. At the time he was proctoring Baqir, Mediratta was the only other cardiologist, on staff at the Asheville VA Center, and he was not a member of the Board. Mediratta, a Hindu originally from India, is younger than Baqir. Although Mediratta did not practice inter-ventional cardiology, he did perform invasive diagnostic catheterizations, in addition to carrying out noninvasive functions such as reading tests and ordering medications.

-Baqir asserts that he was subjected to hostile treatment as early as his first day of work at the Asheville VA Center, when he approached another Hindu colleague, who responded: “ ‘Don’t talk to me. Dr. Mediratta is your chief of cardiology. Report to him. And they have decided to ... make you [a] noninvasive cardiologist.’” J.A. 110.

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434 F.3d 733, 2006 U.S. App. LEXIS 1376, 87 Empl. Prac. Dec. (CCH) 42,236, 97 Fair Empl. Prac. Cas. (BNA) 473, 2006 WL 146111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riaz-baqir-md-v-anthony-j-principi-secretary-department-of-veterans-ca4-2006.