43 Fair empl.prac.cas. 1380, 41 Empl. Prac. Dec. P 36,551 Monir A. George v. New Jersey Bd. of Veterinary Med. Examiners, Maurice W. McQuade Sec'y of the Bd., & David Eisenberg, President of the Bd., 794 F.2d 113 (3rd Cir. 1986). · Go Syfert
43 Fair empl.prac.cas. 1380, 41 Empl. Prac. Dec. P 36,551 Monir A. George v. New Jersey Bd. of Veterinary Med. Examiners, Maurice W. McQuade Sec'y of the Bd., & David Eisenberg, President of the Bd., 794 F.2d 113 (3rd Cir. 1986). Cases Citing This Book View Copy Cite
41 citation events (13 in the last 25 years) across 13 distinct courts.
Strongest positive: Giri v. National Board of Medical Examiners (dcd, 2025-01-27)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) Giri v. National Board of Medical Examiners (2×) also: Cited "see"
D.D.C. · 2025 · confidence medium
In contrast, here, as in other cases concerning the relationship between licensees and their professional boards, “there [is] nothing even remotely resembling an employer-employee relationship between the Board and the plaintiff[s].” George, 794 F.2d at 114.
discussed Cited as authority (rule) Georr Birla v. New Jersey Board of Nursing
3rd Cir. · 2013 · confidence medium
For example, Birla argues that the Board is a Title VII "employer” because its licensing decision controls his eligibility for employment, but that argument is squarely foreclosed by our holding in George that "Title VII ... is not applicable to the licensing functions of a public agency exercised under the police powers of a state.” George, 794 F.2d at 114.
discussed Cited as authority (rule) Ass'n of Mexican-American Educators v. California (2×) also: Cited "see, e.g."
9th Cir. · 1999 · confidence medium
Exam’rs., 794 F.2d 113, 114 (3d Cir.1986); Haddock v. Bd. of Dental Exam’rs., 777 F.2d 462 , 463-64 (9th Cir.1985); Woodard v. Virginia Bd. of Bar Exam’rs., 598 F.2d 1345 , 1346 (4th Cir.1979) (per curiam); but see Puntolillo v. New Hampshire Racing Comm’n, 375 F.Supp. 1089, 1092 (D.N.H.1974) (holding that a state agency that licensed race horse drivers was an employer of the drivers where the agency allegedly interfered with their employment by race track owners).
cited Cited "see" The Association Of Mexican-American Educators v. State Of California
unknown court · 2000 · signal: see · confidence high
See 794 F.2d at 114.
cited Cited "see" Association of Mexican-American Educators v. California
unknown court · 2000 · signal: see · confidence high
See 794 F.2d at 114.
cited Cited "see" United States v. Board of Education
3rd Cir. · 1990 · signal: see · confidence high
See George v. New Jersey Board of Veterinary Medical Examiners, 635 F.Supp. 953, 956 (D.N.J.1985), aff 'd, 794 F.2d 113 (3d Cir.1986).
discussed Cited "see, e.g." Gulino v. Board of Education of the City School District of New York
S.D.N.Y. · 2002 · signal: see also · confidence low
See Fields v. Hallsville Independent School District, 906 F.2d 1017 (5th Cir.1990) (Texas Department of Education not subject to Title VII by virtue of its licensing of teachers); see also, George v. New Jersey Board of Veterinary Medical Examiners, 794 F.2d 113 (3d Cir.1986) (veterinary licensing board not an employer under Title VII); Haddock v. Board of Dental Examiners of California, 777 F.2d 462 (9th Cir.1985) (dental licensing board not an employer under Title VII); Woodard v. Virginia Board of Bar Examiners, 598 F.2d 1345 (4th Cir.1979) (Virginia Board of Bar Examiners not subject to Ti…
discussed Cited "see, e.g." The Association Of Mexican-American Educators v. State Of California
9th Cir. · 1999 · signal: see, e.g. · confidence low
See, e.g., George v. New Jersey Bd. of Veterinary Medical Exam'rs, 794 F.2d 113 ,114 (3rd Cir. 1986) (holding that Title VII does not reach licensing under police powers of a state). 83 Although a limitation of an examination to public employees will inevitably raise the question of whether the State is exercising its proprietary power, it does not inherently require such a conclusion.
discussed Cited "see, e.g." The Association Of Mexicanamerican Educators v. State Of California
unknown court · 1999 · signal: see, e.g. · confidence low
See e.g., George v. New Jersey Bd. of Veterinary Medical Exam'rs, 794 F.2d 113 , 114 (3rd Cir. 1986) (holding that Title VII does not reach licensing under police powers of a state). 82 Although a limitation of an examination to public employees will inevitably raise the question of whether the State is exercising its proprietary power, it does not inherently require such a Conclusion.
cited Cited "see, e.g." Association of Mexican-American Educators v. California
unknown court · 1999 · signal: see, e.g. · confidence low
See e.g., George v. New Jersey Bd. of Veterinary Medical Exam'rs, 794 F.2d 113 , 114 (3rd Cir.1986) (holding that Title VII does not reach licensing under police powers of a state).
discussed Cited "see, e.g." Daniel v. American Board of Emergency Medicine
W.D.N.Y. · 1992 · signal: see, e.g. · confidence low
See, e.g., George v. New Jersey Board of Veterinary Medical Examiners, 635 F.Supp. 953 (D.N.J.1985), aff'd, 794 F.2d 113 (3d Cir.1986) (Board held not to be an “employer” or “employment agency” within meaning of Title VII and thus was not subject to liability to applicants asserting claims of discrimination under the Act).
discussed Cited "see, e.g." Allene Fields and Earine Daniels v. Hallsville Independent School District
5th Cir. · 1990 · signal: see also · confidence low
See, e.g., Tyler v. Vickery, 517 F.2d 1089, 1096 (5th Cir.1975), cert. denied, 426 U.S. 940 , 96 S.Ct. 2660 , 49 L.Ed.2d 393 (1976); Woodward v. Virginia Board of Bar Examiners, 598 F.2d 1345 (4th Cir.1979); see also George v. New Jersey Bd. of Veterinary Medical Examiners, 794 F.2d 113 , 114 (3d Cir.1986); Haddock v. Board of Dental Examiners, 777 F.2d 462 (9th Cir.1985); 1 A. Larson & L.
Retrieving the full opinion text from the archive…
43 Fair empl.prac.cas. 1380, 41 Empl. Prac. Dec. P 36,551 Monir A. George
v.
New Jersey Board of Veterinary Medical Examiners, Maurice W. McQuade Secretary of the Board, and David Eisenberg, President of the Board
85-5817.
Court of Appeals for the Third Circuit.
Jul 29, 1986.
794 F.2d 113
Published

794 F.2d 113

43 Fair Empl.Prac.Cas. 1380,
41 Empl. Prac. Dec. P 36,551
Monir A. GEORGE, Appellant,
v.
NEW JERSEY BOARD OF VETERINARY MEDICAL EXAMINERS, Maurice W.
McQuade, Secretary of the Board, and David
Eisenberg, President of the Board.

No. 85-5817.

United States Court of Appeals,
Third Circuit.

Submitted Under Third Circuit Rule 12(6)
June 5, 1986.

Decided June 27, 1986.
Rehearing and Rehearing In Banc Denied July 29, 1986.

Monir A. George, pro se.

W. Cary Edwards, Atty. Gen. of New Jersey, James J. Ciancia, Asst. Atty. Gen., Trenton, N.J., Maxine H. Neuhauser, Deputy Atty. Gen., Newark, N.J., for appellees.

Before ADAMS, HIGGINBOTHAM and MARIS, Circuit Judges.

OPINION OF THE COURT

MARIS, Circuit Judge.

[*~113]1

This is an appeal from the final order of the United States District Court for the District of New Jersey, 635 F.Supp. 953, dismissing the plaintiff's complaint. That complaint charged the defendants, the New Jersey Board of Veterinary Medical Examiners and the Board's secretary and president, with having violated Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.A. Sec. 2000e et seq., in denying the plaintiff's application to be admitted to practice veterinary medicine in New Jersey. The plaintiff asserted that the denial was based on his national origin, Egypt. In a well-reasoned opinion, Judge Lacey of the district court held that the defendant Board was not an employer or employment agency within the meaning of section 701 of the Civil Rights Act, as amended,[1] with respect to applicants for admission to practice veterinary medicine in the State of New Jersey, such as the plaintiff, and was, therefore, not subject as to such persons to the prohibition of discriminatory employment practices imposed by section 703 of the Act.[2] F.Supp. (D.N.J.1985).

2

We are in accord with the views expressed by Judge Lacey and affirm for the reasons stated in his opinion and which it would serve no useful purpose to restate here. We need only add that Haddock v. Board of Dental Examiners of Cal., 777 F.2d 462 (9th Cir.1985), involving the licensing of dentists by the State of California, and Darks v. City of Cincinnati, 745 F.2d 1040 (6th Cir.1984), involving the licensing of dance halls by the City of Cincinnati, are in accord with our view that Title VII of the Civil Rights Act of 1964, as amended, is not applicable to the licensing functions of a public agency exercised under the police powers of a state.

3

We do not regard Sibley Memorial Hospital v. Wilson, 488 F.2d 1338 (D.C.Cir.1973), upon which the plaintiff relies, as authority to the contrary. That case involved a private hospital which at the request of its patients contacted unemployed private duty nurses for employment by those patients. This procedure, the court said, constituted the hospital an employer within the meaning of Title VII of the Civil Rights Act. In preventing the plaintiff, a male nurse, from reporting to female patients who had requested private nursing service, the hospital, the court held, had engaged in an unlawful employment practice, discrimination on the basis of sex, within the purview of section 703 of the Act. In the Sibley Memorial Hospital case the relationship of the hospital to the employment by its patients of private duty nurses secured for them by the hospital was very close, whereas in the present case there was nothing even remotely resembling an employer-employee relationship between the Board and the plaintiff. Moreover, the exercise of the police power was not involved in the Sibley Memorial Hospital case, whereas in the present case that power was being exercised by the defendants to protect the public from unqualified veterinary service.

[*~114]4

The order of the district court will be affirmed.

1

"(b) The term "employer" means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person

"(c) The term "employment agency" means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person." 42 U.S.C.A. Sec. 2000e.

2

"(a) It shall be an unlawful employment practice for an employer--

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individual's race, color, religion, sex or national origin ...

* * *

"(b) It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex or national origin...." 42 U.S.C.A. Sec. 2000e-2.