Most claims of national origin discrimination are brought under Title VII or the Pennsylvania Human Relations Act (PHRA)—both of which specifically prohibit discrimination in that regard. In a nonemployment setting, such as where an individual is an independent contractor, or when a potential plaintiff has missed the limitations periods for Title VII and the PHRA, a claim under 42 U.S.C. Section 1981 may be a fallback position. But Section 1981, which is a post-Civil War statute addressing “racial” discrimination in the making of contracts, is not a perfect fit for a national origin claim. This distinction was addressed in the recent case of Madalapu v. Temple University Hospital, No. 15-5977, 2016 U.S. Dist. 133122 (E.D. Pa. Sept. 27).

Indian-born resident

Dr. Rao Mandalapu was a fourth-year urology resident at Temple University Hospital beginning in July 2011. Mandalapu was born in India where he was a board-certified surgeon. The court noted that Mandalapu “retains a discernible Indian accent.” In order to practice in the United States, he was required to complete a five-year accredited residency program. The accrediting body requires that the fourth- and fifth-year residency years be completed in the same program. Mandalapu completed his first three years of residency at another institution and moved to Temple for his final two years. He was one of two residents beginning in July 2011—the other being a Caucasian American.

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