Lima Orthopedic Institute Of Ohio

Selvon F St Clair Md Phd

A Merits Of Plaintiff’s Claim Disparate Treatment Theory

The ADEA makes it unlawful for an employer “to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age.” 29 U.S.C. § 623.

A plaintiff may establish a claim under the ADEA by offering either direct evidence or circumstantial evidence of discrimination. Mitchell v. Vanderbilt Univ.,389 F.3d 177, 181 . Under the first option, “irect evidence of discrimination is that `evidence, which, if believed, requires the conclusion that unlawful discrimination was at least a motivating factor in the employer’s actions.'” Wexler v. White’s Fine Furniture, Inc.,317 F.3d 564, 570 ).

If a plaintiff cannot provide direct evidence of improper motive, he may offer indirect and circumstantial evidence of such a motive under the burden-shifting approach established in McDonnell Douglas Corp. v. Green,411 U.S. 792, 802 . Mitchell,389 F.3d at 181.

B Merits Of Plaintiff’s Claim Disparate Impact Theory

In a supplemental brief, plaintiff argues for the first time that summary judgment for defendants is improper because a policy change in the structure of the related corporations was made immediately following plaintiff’s departure. The policy change related to the method by which new physician-shareholders buy into the various entities.

Plaintiff contends this policy change benefitted younger partners, and that pursuant to Smith v. City of Jackson,___ U.S. ___, 125 S. Ct. 1536 , plaintiff is no longer required to prove intent, and instead has satisfied his burden by showing disparate impact as a result of this policy change.

Defendants counter that the changes were necessary because, as the entities grew and increased in value, it become more difficult for new physicians to join the group and buy into the organizations. Thus, defendants contend, the change was based on a reasonable factor other than age .

The Smith case involved a suit by police and public safety officers employed by the city of Jackson, Mississippi. The officers argued that the city had violated the ADEA by giving less generous salary increases to officers over the age of forty than to younger officers. The city argued that the officers could not recover under a disparate impact theory and alternatively, that the raise differential was based on a reasonable factor other than age .

Recommended Reading: Chicos So Slimming Girlfriend Ankle Jeans

Doctors & Health Care Providers

There is 0 member in Lima OH.

You can use use filter to narrow down the members list, showing only members that you want.

HealthCare4PPL.com does not provide medical advice, diagnosis or treatment. The information contained in this website is only for general information purposes. The information mainly comes from Centers for Medicare & Medicaid Services published data, and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, user generated contents or related graphics or advertisings contained on the website for any purposes. Any reliance you place on such information is therefore strictly at your own risk. Use of this website constitutes acceptance of the Terms of Service and Privacy Policy.

Orthopaedic Institute Of Ohio Inc

Detailed information about Orthopaedic Institute Of Ohio Inc in Lima Ohio.

Orthopaedic Institute Of Ohio Inc is a Medical Group that has 3 practice medical offices located in 1 state 2 cities in the USA. There are 63 health care providers, specializing in Orthopedic Surgery, Nurse Practitioner, Physician Assistant, Physical Therapy, being reported as members of the medical group. Medical taxonomies which are covered by Orthopaedic Institute Of Ohio Inc include Physician Assistant, Nurse Practitioner, Pediatric Orthopaedic Surgery, Physical Therapist, Orthopaedic Surgery, Family.

In Lima Ohio, Orthopaedic Institute Of Ohio Inc has only one member working at 2 different practice locations. Medical taxonomies which are covered by group’s doctors and health care providers in the city include .

Don’t Miss: South Florida Orthopedics And Sports Medicine

Gerald F Szelagowski Jr Md

The Internal Medicine physicians routinely consult on inpatient cases taking care of medical conditions that the patient may have pre-operatively and following them after surgery and also may be consulted for any new conditions after surgery. The following internists are Board Certified in Internal Medicine by the American Board of Internal Medicine: Drs. Azeez, Omitowoju, Schroeder, Shanmugam, and Wheeler.

Breach Of Fiduciary Duty

Plaintiff contends that defendants breached fiduciary duties owed to plaintiff as an employee and minority shareholder of OIO. Defendants counter that they did not breach their fiduciary duty in terminating plaintiff as president of OIO because plaintiff remained employed as a physician-shareholder, and they had a legitimate business reason for terminating plaintiff from this position. Alternatively, defendants contend that even if a breach occurred, plaintiff’s damages are limited to the compensation under his employment agreement.

Read Also: What’s Good For Foot Pain

Reviews Fororthopaedic Institute Of Ohio Inc

Thanks – Your review has been submitted!

There are currently no reviews forORTHOPAEDIC INSTITUTE OF OHIO, INC. Be the first to .

Read our reviews / comments about this provider to help you decide if they are right for you. Share your experience by posting a comment or review about this provider to help others decide which is right for them.

Doctors & Physicians