The Equal Employment Opportunity Commission has sued Mercy Health, alleging the system fired a Jewish orthopedic surgeon in Youngstown, Ohio, because of his religion and race.
The lawsuit names Mercy Health Physicians Youngstown and its parent, Cincinnati-based Bon Secours Mercy Health. The surgeon, Ian Walton, DO, joined the system in August 2016 and practiced at Mercy Health-Howland Orthopaedics and Sports Medicine, according to the complaint. The surgeon had practiced with the system for years and exceeded its productivity goals, but was subjected to antisemitic remarks throughout his employment and was fired in November 2023, shortly after the Oct. 7, 2023, attacks in Israel, according to a Sept. 24 EEOC news release. The agency alleges he was told the termination was for a reason other than work performance.
The agency also alleges the surgeon was excluded from scheduled meetings and had his surgery time blocks reduced. The complaint alleges he was replaced by a non-Jewish physician or had his patients distributed to non-Jewish physicians.
“The EEOC will not hesitate to bring litigation to protect Jewish workers from unlawful discrimination and ensure they do not face adverse action simply because they are Jewish,” EEOC Chair Andrea Lucas said in the release.
Asked about the lawsuit, a Bon Secours Mercy Health spokesperson said in a statement shared with Becker’s: “As a Catholic ministry, our Mission and values guide everything we do. We welcome individuals of all faiths and backgrounds who help us advance our commitment to improving the health and well-being of our communities.” The spokesperson said the system does not discuss pending litigation.
The lawsuit, filed Sept. 23 in the U.S. District Court for the Northern District of Ohio, alleges violations of Title VII of the Civil Rights Act of 1964. The EEOC issued a determination finding reasonable cause in February and a notice of failure of conciliation in April, according to the complaint. The agency is seeking back pay, front pay, compensatory and punitive damages and injunctive relief.
