A bank allegedly decided to stop lending money to 2 doctors because of their ownership in an abortion clinic. The doctors, who are from India and Nepal, sued the bank for discrimination under civil rights laws, as well as other charges. The bank tried to throw out all the claims, but the judge has let the civil rights claims go forward.

Vijay Goyal, MD, and Vinod Goyal, MD, own a variety of operations in the Chicago area, including Michigan Avenue Center for Health, a surgical center providing abortions, and A.H. Employee Co., which held a note for revolving credit from Fifth Third Bank, letting the company easily secure loans up to a certain limit.

Fifth Third granted the revolving credit in March 2008 and renewed it yearly without hesitation through the March 2010 renewal. Then, according to the Goyals, Michael Kozak, their newly appointed loan officer, met with other bank officers and discussed the doctors' ownership of the abortion clinic. The officers, citing their religious views on abortion, decided to find ways to stop lending money to the Goyals, the doctors allege.

The doctors claim the bank tried to force the revolving credit note into technical default by demanding extra documentation, which became increasingly costly and time-consuming. Dr. Vijay Goyal complained to Mr. Kozak about the added requirements, saying it appeared to be discrimination, and the Goyals requested a new loan officer. But the bank only became more demanding, ordering reviewed financial statements for 2010 and 2011 before it would extend credit a third time in March 2011, the Goyals maintain.

The Goyals said they asked for a 60-day extension of the note to give an accountant time to prepare financial statements, but the bank refused, forcing A.H. Employee Company to pay off the note in full. Then Fifth Third sent notices to other Goyal entities with loans from the bank, informing them that since A.H. Employee helped guarantee their loans, its default would affect their loans as well. The company paid off its note within a month, but Fifth Third still said the other loans were in default, the Goyals said.

Filing a lawsuit in federal court, the Goyals cited Fifth Third and Mr. Kozak on 10 counts, including civil rights charges based on their Indian ethnic origin and their Hindu religion, which has less stringent views on abortion than many U.S. Christians do. Fifth Third filed a motion to dismiss all charges. While the court dismissed 5 charges, it let 5 charges proceed relating to civil rights laws. Fifth Third also argued that Mr. Kozak should be dismissed from the case, but the court refused to do so.

One charge allowed to go forward cites the "equal rights under the law" section in federal law saying all citizens have the right to make and enforce contracts, and the other active charges allege discrimination and retaliation under the Equal Credit Opportunity Act. But the court threw out a claim under the Freedom of Access to Clinic Entrances Act, which protects abortion clinics from physical force. The Goyals argued that Fifth Third's actions constituted "threats of economic force," but the court maintained that the law only deals with physical force.

Edward M. Fox, the attorney for the Goyals, could not be reached for comment. Marta Ann Stein, the attorney for Fifth Third, referred the matter to the bank. Debra DeCourcy, director of corporate communications for Fifth Third, declined to comment because the case is still active.

Leigh Page