On Friday, a U.S. District Judge denied Duke’s motion to dismiss a lawsuit from former anesthesiologist Michael Shaughnessy, who claimed the University was discriminatory towards him by not renewing his contract because of his disability.
The motion to dismiss came from Private Diagnostic Clinic, which is an independent, multi-specialty physician practice of Duke Health.
Shaughnessy filed the lawsuit in May. The suit also alleges a hostile work environment based on disability, retaliation in violation of the American Disabilities Act and retaliation in violation of Title VII of the 1964 Civil Rights Act. Duke denied these allegations and filed a motion to dismiss. However, U.S. District Judge Catherine Eagles denied that motion Friday.
On Wednesday, Shaughnessy amended his complaint to include breach of contract, among other allegations. He claims that Duke violated the Duke Faculty Handbook by not allowing him to speak about conduct within the department without censorship.
“Dr. Shaughnessy’s contract, which incorporated the DFH by reference, was not renewed for a reason which violated Duke’s promise to Dr. Shaughnessy that he may ‘act and . . . speak in his . . . capacity as a citizen without institutional censorship or discipline,’” the complaint alleges.
In 2011, Shaughnessy, who graduated from Duke Medical School in 2006, was hired as a regular-rank faculty member in the Department of Anesthesiology. His employment ended June 30, 2017. According to the lawsuit, Shaughnessy has a congenital complete heart block that requires a permanent cardiac pacemaker, as well as causes depression and a persistent redness of the face. It alleges that his employers were aware of these conditions, and that they were the basis of Shaughnessy’s termination.
Shaughnessy alleges he was told that he “could count on sabotaged letters of reference...and blacklisting at Duke Regional [Hospital] as well as at the University of North Carolina or the Durham Veteran’s Affairs Medical Center.”
In June 2017, he filed a charge of discrimination with the Equal Employment Opportunity Commission, which issued him a right-to-sue notice on Feb. 26, 2018.
“Duke’s actions in discharging Dr. Shaughnessy were taken with malice or with reckless indifference to Dr. Shaughnessy’s rights. As a result of Dr. Shaughnessy’s wrongful discharge, he has suffered emotional distress, economic damages, and damage to his reputation,” the lawsuit states. “Dr. Shaughnessy is entitled to back pay, front pay, compensatory and punitive damages, and such other relief as the court shall deem proper.”
Duke is also currently facing a class-action antitrust lawsuit because of an alleged no-hire agreement between itself and the University of North Carolina School of Medicine.
Michael Schoenfeld, vice president for public affairs and government relations, declined to comment on the judge's decision.
Read Shaughnessy’s full amended complaint here:
Editor's note: This article was updated Friday afternoon to clarify that the motion to dismiss the lawsuit was filed by an independent physician practice associated with Duke Health.
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Class of 2019
Editor-in-chief 2017-18,
Local and national news department head 2016-17
Born in Hyderabad, India, Likhitha Butchireddygari moved to Baltimore at a young age. She is pursuing a Program II major entitled "Digital Democracy and Data" about the future of the American democracy.