A hospital's bylaws govern its peer review proceedings, subject to the requirements of the peer review statutes

This procedure must include adequate notice of the proposed administrative action, a fair right to be heard, and a decision rendered by an impartial trier of fact

In finding Payne's claims against his hospital cognizable under § 51, the court in Payne explained, "Payne does not work for the hospital, and has no obligation to treat his patients there as opposed to any other hospital. Anaheim Memorial does not compensate Payne for his medical services, nor does it exercise any direct control over the manner in which he practices …

"[T] he issue of standing is so fundamental that it need not even be raised below—let alone decided—as a prerequisite to our consideration

The physician alleged the hospital was a business that "makes its facilities available to physicians for use in surgery and other treatment of patients" and had breached the Unruh Act by "fail [ing] to address racist conduct which impaired the access of minority physicians and patients to that facility

—to counsel against such a decision because the hospital in that case neither compensated the plaintiff nor controlled the manner of his practice to the degree Riverside does here.

The fact that a physician has been accorded all of the procedural rights specified in the bylaws does not necessarily make the process fair

In that case, the Third Division of the Court of Appeal held that a physician could assert a § 51 claim against the hospital where he treated patients because that physician did not have the type of employment relationship with the hospital which foreclosed § 51 relief.

In Alcorn, the Supreme Court excluded "the employment relationship from the protection of the Unruh Act [because] the Legislature's enactment of the [FEHA] concurrently with the Unruh Act `indicated a legislative intent to exclude the subject of discrimination in employment from the latter act.'[Citation.] In other words, the issue of discrimination within the employment …

—that under the applicable regulations, "Payne had only the right to complain about... Siegel's comment, and about his general perception that hospital personnel were discriminating against him (and his patients) based upon racial considerations. He did so, both directly and through his attorney. However, once he had done so, the medical staff bylaws guaranteed him …