Mercy Health Physicians Youngstown, LLC and Bon Secours Mercy Health, Inc. (Mercy) in Youngstown violated federal law by subjecting a Jewish orthopedic surgeon to unfavorable terms and conditions of employment and firing him because of his religion and race, shortly after the Oct. 7, 2023, terrorist attacks in Israel, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced.
In a statement late last week, the EEOC said that the surgeon had a successful practice with Mercy for many years and performed well, including exceeding Mercy’s productivity goals.
However, Mercy subjected the surgeon to antisemitic remarks throughout his employment and ultimately fired him in November 2023, advising him that he was being terminated for a reason other than work performance. During the surgeon’s employment, Mercy also subjected him to unfavorable treatment which interfered with his practice because of his religion and race, the EEOC charged.
"After years of antisemitic harassment, shortly after Hamas’s Oct. 7, 2023 attack on Israel, the charging party faced a barrage of comments in the workplace blaming ‘the Jews’ for the attack. He was also excluded from scheduled meetings and had his surgery time blocks reduced. Shortly thereafter, he was terminated and told it was for ‘no reason,’" said EEOC Chair Andrea Lucas.
"The EEOC will not hesitate to bring litigation to protect Jewish workers from unlawful discrimination and ensure they do not face adverse action simply because they are Jewish. Antisemitism has no place in the American workplace."
The statement stressed, "This alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of religion and race. The EEOC filed suit (EEOC v. Mercy Health Physicians Youngstown, LLC and Bon Secours Mercy Health, Inc., Case No. 1:26-cv-02500-CEF) in the US District Court for the Northern District of Ohio after first attempting to reach a pre-litigation settlement through its administrative conciliation process."
"Federal law forbids discrimination because of religion or race in any aspect of employment, including firing or layoff, job assignments, and any other term or condition of employment," said Debra M. Lawrence, regional attorney for the EEOC’s Philadelphia District. "The EEOC is committed to vigorously enforcing Title VII and protecting employees’ rights to be free from discrimination because of their religion or race."
The lawsuit was initiated by the EEOC’s Cleveland Field Office, one of four component offices of the agency’s Philadelphia District Office. The Philadelphia District Office has jurisdiction over Pennsylvania, Maryland, West Virginia, Delaware, and portions of New Jersey and Ohio. Attorneys in the Philadelphia District Office also prosecute discrimination cases in Washington, D.C., and portions of Virginia.