Judge Cathy Seibel
Bhanusali's suit against Orange Regional Medical Center (ORMC) alleged he was subjected to a "Sham Peer Review" that led to a suspension and restrictions on his privileges, thereby "render[ing] it economically and professionally impossible to perform his duties as an orthopedic surgeon." Bhanusali alleged the peer review intentionally discriminated against him based on race (Indian), national origin (India), and age (62 years) contrary to Title VII and the Age Discrimination in Employment Act. The court found the fact that those involved in the review were white and/or younger did not give rise to an inference of discrimination. Also, Bhanusali's general allegations that misconduct by "younger and/or white physicians" went without peer review or discipline were wholly conclusory because they did not specify the individuals involved or the nature of their alleged misconduct, and were thus insufficient to render plausible the inference of discriminatory intent. Although Bhanusali was over 60 and of Indian race and origin, and may have been treated unfairly, there were no facts rendering plausible the conclusion that he was treated unfairly because of his age, race, or national origin. Accordingly, Bhanusali's claims were dismissed.
