Comment about Third World performance prompts national origin bias claim

Isolated remarks related to an employees national origin may not be enough to support a claim of discrimination, but they can lead to costly lawsuits. During training, be sure that managers and supervisors understand the negative consequences of making politically incorrect comments.

Akila, an Egyptian dentist, enrolled in a 2-year dentistry program for international students at the University of the Pacific, intending to become credentialed to practice dentistry in the United States.

During a procedure 3 months before graduation, Akila followed her clinical supervisors instructions to seat a crown. The procedure was not successful.

After learning about the failed crown seating, Stuart, the head of the restorative dentistry program, told Akila that her clinical work on the patient was Third World dentistry. The comment was made in the presence of other faculty, students, and patients.

Akila confronted Stuart in his office. She told him that her clinical supervisor had recommended the crown-seating procedure, and she was merely following his instructions. Stuart noted that the procedure used was nowhere in the syllabus. Akila reiterated that she was following her supervisors advice, and she did not feel that it was [her] place to question the direction of a respected faculty member.

Stuart did not relent, saying, Its still Third World dentistry. When Akila said that his comment offended her, he asked her where she is from. When she replied that she is from Egypt, he told her that Egypt is not a Third World country. Akila responded that, in fact, Egypt is a Third World country. Stuart, however, insisted, No, its not, and its still Third World Dentistry. Yes, it is [a Third World country]. And in any case I learned this Third World dentistry in your First World clinic, Akila replied.

A short time later, Akila was greeted by another supervisor with the comment, Whats up, TW? Akila did not understand the remark. Oh come on! Dont you get it? ... Third World? the supervisor said.

She later sent that supervisor a thank-you e-mail for his assistance with a different procedure. She signed the e-mail with her name followed by aka T.W.

Akila learned 4 days before graduation that she would not graduate. Although her course work performance was more than adequate, she was told that she would have to do remedial work in restorative dentistry and removable prosthodontics. She was allowed to perform an additional quarter of clinical work at no extra cost, but her performance did not improve.

Her evaluators concluded that her performance was clinically unacceptable, and she was, in fact, harming patients. Faculty members discussed her poor performance in e-mails and tried to create a strategy to prevent her from practicing dentistry in the United States until she could practice safely.

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Comment about Third World performance prompts national origin bias claim