664 N.E.2d 1240 (“Only upon completion of the PHC review may the physician proceed to the second step, which is to commence an action under [N.Y. Pub. Health Law § ] 2801-c to enjoin the hospital from improperly denying or terminating staff privileges.”). The primary jurisdiction rule, see supra note 12, requiring that a physician whose privileges have been denied or terminated file an initial complaint with the PHC is subject to several narrow exceptions. The first exception is that the physician does not have to file a complaint with the PHC in cases wherein the physician’s privileges have been terminated for reasons that do not pertain to medical care, and therefore do not invoke “the particular expertise of the PHC.” Tassy v. Brunswick Hosp. Ctr., 296 F.3d 65, 70-71 (2d Cir.2002) (<HOLDING>). The second exception to the § 2801-b primary
holding that even in the absence of an express linkage between race and national origin the specific facts alleged by a plaintiff in his or her eeoc complaint may suggest both forms of discrimination holding that a plaintiff physician alleging race and national origin discrimination was not required to pursue his claims initially with the phc because the hospitals basis for revoking his privileges was sexual harassment allegations and not patient care deficiencies holding that allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex holding accent discrimination may be actionable as national origin discrimination under title vii citing with approval eeoc guidelines defining national origin discrimination to include discrimination based on the linguistic characteristics of a national origin group holding that texas twoyear statute of limitations applied to section 1981 action for discrimination on the basis of national origin