Diverse Docket: Suit Against NY College of Podiatric Medicine Dismissed

U.S. District Judge Katherine Forrest ruled that Dr. Hernan Melgarejo presented “no evidence providing the slightest support” for his discrimination claim against the New York College of Podiatric Medicine.A Hispanic graduate of New York College of Podiatric Medicine who sued his alma mater has presented no direct or indirect evidence of national origin discrimination, a federal judge has ruled.

The decision dismissed a Title VI suit seeking $10 million in damages and retroactive enrollment in a residency program.

Dr. Hernan Melgarejo failed part II of the American Podiatric Medical Licensing Exam eight times and blamed discrimination for his inability “to secure a residency or obtain a permanent podiatrist position,” according to the court.

His suit accused the college and two faculty members of failing to adequately prepare him for the exam because he is Hispanic and alleged that the college “forced out” minority students but not White Jewish students.

He passed only part I of the licensing exam. He also failed his senior surgery exam but the college allowed him to retake it and he eventually passed the course with a grade of a C. As a result, he graduated late.

Melgarejo, who represented himself in the litigation, also complained that a faculty member refused to provide a previously promised reference because of his inadequate clinical abilities. He was the only member of his graduating class unable to find a residency.

He “contends that as a result of the discrimination he suffered, he has been unable to secure a residency or obtain a permanent podiatrist position,” U.S. District Judge Katherine Forrest said in her decision.