26. There was also a pattern of discriminatory behavior that persisted against Chinese residents with respect to the use of sick leave throughout Dr. Wang’s employment. Dr. Wang oserved that other residents of various religious backgrounds at KJMC could take time off to observe their holidays, while it was difficult for Dr. Wang and other Chinese residents to take sick leave. Dr. Wang is aware of at least one Chinese resident who was not allowed to take sick leave in November 2007 even though she presented a note with a physician’s diagnosis to the Department of Medicine.
27. In stark contrast, a non-Chinese resident did not show up for her assigned shift on the night of April 7, 2008, but she was apparently never questioned or disciplined for this. Another non-Chinese resident, Dr. Afridi, was continually late for work, frequently left early before her shift ended and did so without being questioned or disciplined.
28. The first time that Dr. Wang was out sick during his residency at KJMC was October 19, 2006, after which he was immediately warned the next day by the chief resident Dr. Salemi that he would be punished with two extra days on-call if he got sick again on a day that he ws on-call. Dr. Wang reported this to the Department of Medicine via e-mail to the program secretary, but on action was taken.
29. Then, on March 13, 2008, Dr. Wang was at work and not feeling well. When he asked the chief resident Dr. Silkov to grant him permission to go home sick he as refused. By the afternoon on his shift that day, Dr. Wang felt increasingly ill and had developed a fever. He approached Dr. Silkov again and was referred to the Associate Director of the residency program, Dr. Mark Russell. Instead of allowing Dr. Wang to go home sick, Dr. Russell directed Dr. Wang to go the emergency room for an examination.
30. While being examined by the Dr. Fuch in the emergency room, another chief resident Dr. Vajinder came into the emergency room and told Dr. Fuch to perform extra blood tests and unnecessary x-rays on Dr. Wang. Dr. Wang was not allowed to go home sick after the examination.
