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Friday, January 25, 2008

U.S. appeals court reinstates doctor’s lawsuit against Biloxi VA Center

A federal appeals court has reinstated an employment discrimination lawsuit brought by a doctor who claimed he was fired from his job at the Veterans Administration hospital in Biloxi because he is Muslim.

Dr. Khaled Rikabi sued the VA shortly after he was fired in 2003. Rikabi is originally from Lebanon and became a U.S. citizen in February 2002. He is a physician specializing in infectious disease.

Rikabi began working at the VA Center on Aug. 18, 1996. By the time he was fired in 2003, Rikabi claimed his responsibilities had been increased and his positive job performance ratings also climbed.

Rikabi said co-worker and administration attitudes began to change toward him after the 9-11 attacks. He said he was fired in March 2003 after what he was told was a reorganization of the department where he worked, according to court documents.

However, Rikabi continued to provide infectious disease consultations at the VA Center and retained his privileges at the center.

When the VA Center advertised his old job, Rikabi filed a complaint with the center’s Equal Employment Opportunity office, saying he was discriminated against on the basis of religion and national origin. It was shortly after he filed the complaint that Rikabi contended in court documents that his consultations and privileges at the center were cut off.

Rikabi sued in 2005 in federal court alleging wrongful termination, hostile work environment and retaliation claims.

U.S. District Judge Louis Guirola Jr. dismissed the lawsuit in 2006, saying Rikabi failed to prove any discrimination.

The 5th Circuit Court of Appeals on Wednesday in ordering the lawsuit reinstated said there was evidence to support Rikabi’s allegations that he was discriminated against because of his religion and nationality. [Link]

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