Former cardiology fellow says Marshall discriminated against him

HUNTINGTON – A former cardiology fellow is suing the Board of Governors of Marshall University for allegedly terminating his employment based on his disability, race and religion.

Dr. Ihtisham Choudhry was employed by the defendant as a cardiology fellow from July 1, 2010, through June 30, 2011, and again from July 1, 2011, through his termination and non-renewal of his contract on Feb. 21, according to a complaint filed Dec. 10 in Cabell Circuit Court.

Choudhry claims the defendant terminated him due to his disability, race and religion.

The defendant’s actions in terminating Choudhry’s clinical duties under his employment contract and not renewing the contract were in breach of contract and discriminatory, according to the suit.

Choudhry claims he suffered from major clinical depression, which prevented him from passing his board examination, and the diagnosis was known to the defendant and no academic assistance was provided relative to his diagnosis.

Choudhry is also of Pakistani descent and is Muslim, both of which factored into the defendant’s adverse employment actions, according to the suit.

Choudhry claims his disability, race and religion were used as unlawful reasons for the defendant’s failure to renew his contract for the third and final year of his fellowship program.

The procedure employed by the defendant in making the adverse employment decisions were also in breach of Choudhry’s employment contract, according to the suit.

Choudhry claims he has now passed his board examination solely by his own efforts and without any assistance from the defendant and is otherwise eligible to finish his cardiology fellowship

Choudhry has sustained lost wages; lost or diminished future earning capacity; embarrassment and humiliation; and emotional distress, according to the suit.

Choudhry is seeking compensatory damages with pre- and post-judgment interest. He is being represented by Scott H. Kaminski.

The case has been assigned to Circuit Judge David M. Pancake.

Cabell Circuit Court case number: 12-C-812