RAGEH v. UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL
1:24-cv-00336
M.D.N.C.Dec 10, 2024Background
- Dr. Abdulrahman Rageh, an Egyptian national over 40, began a two-year ophthalmology fellowship at UNC Chapel Hill in 2022.
- Rageh alleges he was mocked for his accent and given fewer training opportunities by supervisor Dr. Alice Zhang, with age and national origin bias.
- After filing internal complaints and an EEOC charge, UNC shortened his fellowship to one year and then terminated his contract, allegedly in retaliation.
- Dr. Jan Niklas Ulrich informed licensing boards and potential employers of patient safety concerns regarding Rageh.
- Rageh brought claims under Title VII (national origin), ADEA (age), and several state law tort and contract theories against UNC and three individual defendants (Ulrich, Zhang, Budenz).
- Defendants moved to dismiss all claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Individual Liability under Title VII/ADEA | Individuals should be liable for discrimination/retaliation | Statutes only allow employer liability | Dismissed as to individuals |
| Title VII/ADEA Discrimination—Denial of Training | Denied training due to age/national origin by Zhang | No plausible inference; insufficient allegations | Denial of training claims against UNC can proceed |
| Termination/Shortening Fellowship—Discrimination | Terminated/shortened due to age/national origin | Insufficient facts; decisions by Ulrich lacked discrimination link | Dismissed discrimination claims for termination/shortening |
| Title VII/ADEA Retaliation | Termination/shortening was retaliation for complaints | Legitimate reasons existed; not enough causal link | Retaliation claims against UNC can proceed |
| State Law Claims—Eleventh Amendment | State law claims should proceed | UNC immune from suit on state law claims | State law claims against UNC dismissed |
| Defamation (against individuals) | Dr. Ulrich made false statements damaging reputation | Statements were true/privileged | Defamation against Ulrich (individual) can proceed; others dismissed |
| Breach of Contract | Individuals breached employment contract | No contract with individuals | Dismissed as to all |
| Infliction of Emotional Distress | Suffered severe distress from conduct | No sufficient allegation of severe distress | Dismissed as to all |
| Interference with Contractual Relations | Ulrich/Zhang interfered with UNC contract | Acted within authority as supervisors | Claims against Ulrich/Zhang (individuals) proceed; others dismissed |
| Interference with Prospective Economic Advantage | Ulrich interfered with outside job offer | Legitimate business reason for statements | Claim against Ulrich (individual) proceeds; others dismissed |
| Wrongful Discharge | Wrongful discharge by individuals | Individuals not employers under NC law | Dismissed as to all |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (plausibility standard for complaints)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (pleading standard)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (framework for discrimination claims)
- Swierkiewicz v. Sorema N.A., 534 U.S. 506 (not necessary to plead prima facie case in complaint)
- Muldrow v. City of St. Louis, 601 U.S. 346 (lowers bar for adverse employment action)
- Lissau v. S. Food Serv., Inc., 159 F.3d 177 (no supervisor liability under Title VII)