Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Fifth Circuit Finds Employer’s Peer Review Process Does Not Constitute an Adverse Employment Action

By Henry S. Shapiro on July 31, 2018
Email this postTweet this postLike this postShare this post on LinkedIn

The Fifth Circuit recently affirmed the granting of summary judgment to an employer dismissing a Title VII race discrimination claim. In Stroy v. Gibson, an African American primary care physician employed by the Department of Veterans Affairs alleged race discrimination following a peer review committee determination that competent practitioners would have managed the treatment of a patient differently than Plaintiff. Briefly, the employer’s policy allowed for peer review of a doctor’s patient care after a patient’s admission to the hospital within three days of an ambulatory care visit. The patient at issue was admitted to the hospital two days after the visit with Stroy.

Upon learning of the peer review committee’s determination that competent practitioners would have handled the patient differently, Stroy requested an opportunity to respond. The employer scheduled a second peer committee meeting. However, before the meeting was conducted, Stroy filed a complaint of discrimination. Ultimately, the committee reversed its finding.

The Fifth Circuit reviewed the District Court’s determination that Stroy failed to allege a prima facie case of race discrimination under Title VII. The District Court held, and the Fifth Circuit agreed, that Stroy did not allege an adverse employment action under Title VII. The Court ruled the peer review committee’s actions did not constitute an “ultimate employment decision” (such as hiring, firing, promoting, etc.). Here, Stroy offered no evidence that he suffered a reduction in privileges, job responsibilities, or pay as a result of the peer review process.

Although the end result was favorable for the employer, it was solely because of the specific facts of this case. In another case, a poor performance review that does result in a denial of a pay increase or a demotion could very well end up creating liability for discrimination.

Photo of Henry S. Shapiro Henry S. Shapiro
Read more about Henry S. ShapiroEmail
  • Posted in:
    Employment & Labor
  • Blog:
    The EPL Advisor
  • Organization:
    Jackson Lewis P.C.
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo