Neurosurgeon wins harassment suit against hospital

A female neurosurgeon who specializes in spinal surgery was employed at Brigham and Women’s Hospital for six years. She was born in India.

The surgeon alleged that the hospital discriminated against her by failing to promote her, support her research or pay her a salary commensurate with her male counterparts. She further alleged that the chairman of the neurosurgery department made disparaging comments about her and created a hostile work environment.

A jury found that the surgeon experienced harassment related to her gender and/or national origin and that she was forced to endure a hostile work environment.

The plaintiff was awarded $1 million in damages against the hospital for a creating a hostile environment and $600,000 for retaliation, as well as $1 for retaliation under the Massachusetts Healthcare Whistleblower Act. She was awarded $20,000 in economic damages against the neurosurgery department chairman and $1 for both non-economic damages and slander.

Type of action: Civil rights

Injuries alleged: Ethnic and sexual

harassment, retaliation

Date: Feb. 24, 2009

Submitted by: Margaret M. Pinkman, Camille V. Gerwin, Elizabeth A. Ritvo and Rachel A. Lipton, Brown Rudnick, Boston (for the plaintiff)