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David Munoz, M.D., who is of Hispanic origin, began a 3-year residency program in 1994 at St Mary-Corwin Hospital in Pueblo, Colorado, under the direction of Dr. Charles Raye. Residents in the program receive quarterly performance evaluations, can only be terminated for cause, and have the right to grieve adverse employment actions under the program's grievance policy.
Munoz' first evaluation was good, but Dr. Raye expressed concerns about Munoz' failure to check out every patient and his performance of procedures without proper supervision. In November, 1994, Munoz improperly performed a circumcision without faculty supervision; the procedure required correction by …