Selvon F St Clair Md Phd
|Orthopaedic Institute of Ohio801 Medical Drive, Suite ALima, OH 45804419-222-6622||
Dr. St. Clair is a graduate of New York University School of Medicine. He completed his orthopaedic residency at the Cleveland Clinic. He then completed a spine fellowship at Emory University School of Medicine Spine Center. He is Board Qualified in Orthopaedic Surgery. He specializes in all areas of treatment of the cervical, thoracic and lumbar spine.
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 .
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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 .
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Gerald F Szelagowski Jr Md
|Buckeye Anesthesia 801 Medical Drive, Suite B Lima, OH 45804||
Dr. Szelagowski is Board Qualified in Anesthesia. He is a graduate of the University of Toledo College of Medicine. He completed his residency in Anesthesiology at the University of Michigan Hospitals.
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.
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