IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

at Chattanooga

MARK HAYS, M.D. :

: Civil Action No. 1:19-cv-291
Plaintiff, :
:
v. :
:
CHATTANOOGA-HAMILTON : JURY DEMANDED
COUNTY HOSPITAL AUTHORITY, :
d/b/a ERLANGER HEALTH SYSTEM :

Defendant.

COMPLAINT

Plaintiff, Mark Hays, M.D. (“Plaintiff” or “Dr. Hays”), by and through his attorneys, Grant,

Konvalinka & Harrison, P.C., hereby files this Complaint against Chattanooga-Hamilton County

Hospital Authority, d/b/a Erlanger Health System (“Defendant” or “Erlanger”) for unlawful

employment actions pursuant to the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C.

§ 621, et seq. Plaintiff avers as follows:

I.
JURISDICTION AND VENUE

1. This Court has subject matter jurisdiction over Plaintiff’s ADEA claim pursuant to

28 U.S.C. § 1332, as that claim presents a federal question.

2. The actions which gave rise to this complaint all occurred in or around

Chattanooga, Hamilton County, Tennessee, making venue proper in this District pursuant to

28 U.S.C. § 1391.

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 II.
PARTIES

3. Plaintiff is a resident of Chattanooga, Hamilton County, Tennessee. Plaintiff was

employed as a physician, working as a pediatric cardiologist since 2001. From 2001 to 2017,

Dr. Hays was the Chairman of the Pediatric Cardiology Department at Erlanger. At all times

relevant to the events that are the subject of this Complaint, Plaintiff was over forty years of age.

Plaintiff is currently 65 years old.

4. Defendant is a public hospital authority, created pursuant to T.C.A. § 7-57-101, et

seq., which operates Erlanger hospital and other medical facilities and which has several thousand

employees at locations throughout southeast Tennessee, northern Georgia and western North

Carolina. It may be served through its registered agent, National Registered Agents, Inc., 300

Montvue Road, Knoxville, Tennessee 37919-5546.

5. Defendant is an employer subject to the provisions of the ADEA.

III.
FACTS

6. Defendant hired Dr. Hays in January of 2001 to serve as the Chairman of its

Pediatric Cardiology Department. On June 29, 2010, Dr. Hays signed an employment agreement

with Defendant, pursuant to which he continued to serve as Chairman of Pediatric Cardiology for

Defendant. The term of the contract was one year, with automatic renewals for successive one-

year periods, without limit.

7. On June 6, 2017, Dr. Hays received a letter from Steven H. Burkett, Defendant’s

Vice President for Physician Services, notifying Dr. Hays that his employment agreement with

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Defendant would be terminated effective September 4, 2017. The Notice of Termination purported

to terminate the employment agreement pursuant to the “without cause” provision of the

agreement. In fact, Defendant unlawfully terminated Dr. Hays’ contract because Dr. Hays was 63

years old.

8. Dr. Hays had never been disciplined throughout his employment with Defendant.

On the contrary, Dr. Hays’ performance evaluations were overwhelmingly positive, including

comments such as “excellent pediatric cardiologist,” “substantial growth in program,” and

“excellent model of division director.” In short, throughout his employment and at the time of the

termination of his employment, Dr. Hays was not only qualified for his position but was also an

exemplary employee.

9. Defendant replaced Dr. Hays with a significantly younger physician.

10. During the year in which Defendant terminated Dr. Hays’ employment and in the

several years preceding, Defendant had systematically terminated the employment of a number of

older physicians, replacing all of them with younger physicians.

11. Prior to unlawfully terminating Dr. Hays’ employment, Defendant gave Plaintiff

no reason for its decision. In fact, Defendant unlawfully terminated Plaintiff’s employment

because of his age.

12. As a result of Defendant’s unlawful termination of Dr. Hay’s employment with

Defendant, Dr. Hays suffered damages, including loss of back pay and benefits, including but not

limited to health care and retirement benefits.

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 13. Dr. Hays timely filed his Charge of Discrimination with the Equal Employment

Opportunity Commission (“EEOC”) on or about November 10, 2017.

14. The EEOC issued Dr. Hays a Notice of Right to Sue, dated July 22, 2019.

IV.
PLAINTIFF’S CLAIM – AGE DISCRIMINATION

15. Dr. Hays incorporates by reference Paragraphs 1 – 14 as if set forth fully herein.

16. Defendant discriminated against Dr. Hays in violation of the ADEA, 29 U.S.C.

§ 621 et seq.

V.
PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully asks the Court for the following relief:

a. That the Court issue process to the Defendant requiring an answer to this Complaint

within the time prescribed by law;

b. That after a hearing in this case, Plaintiff be awarded judgment for damages,

including back pay and benefits, caused by Defendant’s discrimination and unlawful actions;

c. That the Court order Defendant to reemploy Plaintiff at an equivalent job, with all

employee rights and benefits to which he was entitled or would be entitled but for his unlawful

discharge;

d. That, alternatively to reemployment, the Court award Plaintiff front pay and

benefits in lieu of reinstatement;

e. That Plaintiff be awarded liquidated damages in an amount equal to his loss of pay

and benefits;

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 MARK HAYS, M.D.

1:19-cv-291

CHATTANOOGA-HAMILTON COUNTY
HOSPITAL AUTHORITY, d/b/a ERLANGER
HEALTH SYSTEM

Chattanooga-Hamilton County Hospital Authority, d/b/a Erlanger Health System

c/o National Registered Agents, Inc.
300 Montvue Road
Knoxville, TN 37919-5546

J. Scott McDearman, Esq.

Grant, Konvalinka & Harrison, P.C.
633 Chestnut Street, Suite 900
Chattanooga, TN 37450-0900

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