April 12, 2004

A federal jury in California awarded more than $500,000 on Feb.4 to a female Air Force surgeon who was subjected to a hostile work environment.

Plaintiff Dr. Pauline Velez, a surgeon, sued the U.S. Air  Force claiming that it subjected her to a higher standard of review for her medical cases.

According to the lawsuit, all of the plaintiff's operations were reviewed three times in a space of 63 days.

The first review found no basis for adverse action, but a second review was initiated two weeks later and it was highly critical of the plaintiff.  The second review resulted in an immediate suspension of her operating privileges.  A third review was conducted three weeks later and it cleared the plaintiff to operate again.

According to the lawsuit, the first two reviews were done without any notice to the plaintiff and she was not given an opportunity to see and contest the findings.

In addition, the suit claimed, the reviews occurred while the plaintiff was on a scheduled maternity leave.

The plaintiff also claimed that male Air Force surgeons made sexually suggestive and offensive remarks to female physicians, staff and patients.

After her operating privileges were restored, the plaintiff continued to work for the Air Force for another year but then transferred her patients to another facility and stopped operating at the Air Force hospital.

The jury found for plaintiff on the sexually hostile environment count but ruled for the Air Force on the gender discrimination count.

The jury also found that the Air Force could be sued under Title VII even though she was not the plaintiff's direct employer.

The plaintiff's salary was paid by the Veterans Administration but she worked at an Air Force hospital.

Even though there was no traditional employment relationship, the jury found that the Air Force had a sufficient employment relationship to be liable for gender discrimination.

The jury awarded the plaintiff $505,623 in emotional distress damages for the one year period she had to endure the hostile environment.

Jack W. Lee represented the plaintiff on the suit and the Air Force was represented by Claire Cormier.

The case was tried before U.S. Magistrate Judge Edward M Chen in the Northern District of California.