Jones v. Children's Hospital
Jones v. Children's Hospital
Opinion of the Court
ORDER & REASONS
The Court has pending before it Defendants Children’s Hospital and Walter Pierre, Jr.’s Motion for Summary Judgment against Plaintiff, Keicia Jones.
BACKGROUND
Plaintiff, Keicia Jones (“Jones”), is a former employee of Defendant Children’s Hospital (“the Hospital”) and started working as a PBX (Switchboard) Operator in January of 2009.
Jones filed suit against the Hospital and Pierre on November 22, 2013 alleging that the reason given for her termination was pretextual.
Defendants Children’s ■ Hospital and Walter Pierre, Jr. assert in their motion for summary judgment that Jones was not retaliated against but instead was terminated after an alleged incident occurred while she was on duty during which Jones made threatening remarks to her co-workers and was on a personal phone call for an excessive period of time, all in violation of the Hospital’s policies.
STANDARD OF LAW
Summary judgment is appropriate only “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.”
If the dispositive issue is one on which the non-moving party will bear the burden of proof at trial, however, the moving party may satisfy its burden by simply pointing out that the evidence in the record is insufficient with respect to an essential element of the non-moving party’s claim.
ANALYSIS
Plaintiff Jones brings two FMLA claims against Defendants, one under the FMLA’s retaliation clause and the other under the FMLA’s interference clause, both of which Defendants argue should be dismissed on summary judgment. The FMLA’s interference clause “prohibits employers from ‘interfering] with, restraining], or denying] the exercise or the attempt to exercise, any right provided under’ the [A]ct.”
The parties dispute the following issues: whether Jones made any threatening statements to her co-workers,
FMLA Retaliation Claim
Jones alleges that the Hospital retaliated against her for taking FMLA leave by terminating her employment.
To make a prima facie case of retaliatory discharge, the employee must show that (1) she engaged in a protected activity, (2) the employer discharged her, and (3) there is a causal link between the protected activity and the discharge. When there is no direct evidence of discriminatory intent, ... the familiar McDonnell Douglas burden shifting framework [is used] to determine whether an employer discharged an employee in retaliation for participating in FMLA-protected activities. Specifically, once the employee establishes a prima facie case of retaliation, the burden shifts to the employer to articulate a legitimate, nondiscriminatory reason for the adverse employment action. If the employer succeeds in doing so, the burden shifts back to the employee to show by a preponderance of the evidence that the*663 employer’s articulated reason is a pretext for discrimination.44
In this case, however, Plaintiff argues that the Court should not apply the traditional McDonnell Douglas framework but should instead apply the mixed-motive framework as articulated in Richardson v. Monitronics International, Inc.
Under the mixed-motive framework, the employee still must make a prima facie case as articulated above, and, if she does, the employer still must articulate a non-diseriminatory reason. However, the third step is modified:
[T]he employee must offer sufficient evidence to create a genuine issue of fact either that (a) the employer’s proffered reason is a pretext for discrimination, or — and herein lies the modifying distinction — (b) that the employer’s reason, although true, is but one of the reasons for its conduct, another of which was discrimination. If the employee proves that discrimination was a motivating factor in the employment decision, the burden again shifts to the employer, this time to prove that it would have taken the same action despite the discriminatory animus.48
Defendants argue that the Court should not apply the mixed-motive framework in light of two Supreme Court decisions handed down after the Fifth Circuit decided Richardson.
Under both standards, Plaintiff must first establish a prima facie case by showing that (1) she was protected under the FMLA, (2) she suffered an adverse employment action, and (3) the adverse action was taken because she sought protection under the FMLA.
After the prima facie case of retaliation is established, the burden shifts to the employer under both the “but for” and “motivating factor” standards to articulate a legitimate, non-discriminatory reason for terminating the employee. In this case, the Hospital provided legitimate, non-discriminatory grounds for terminating Jones’s employment, including her engaging in threatening behavior towards her
In the third step, Jones “bears the burden of offering sufficient evidence to create a genuine issue of fact that” the reasons given by the Hospital for her termination were a pretext for discrimination or that the Hospital’s nondiscriminatory reasons “although true, [were] only some of the reasons for its conduct, another of which was discrimination.”
Plaintiff argues that a reasonable jury could find the Hospital’s stated reasons for her termination were pretextual, so genuine issues of material fact exist.
Plaintiff also argues that it is factually disputed whether Mittelstaedt acted in good faith by relying upon the witness statements relating to the incident in making the decision to terminate Jones.
On the other hand, the record indicates that the Hospital had before it considerable evidence that Jones violated the Hospital’s policies. Numerous co-workers filed written statements to the Hospital in June of 2013 reporting the alleged threatening incident.
Finally, Jones argues that she received less favorable treatment than other employees. Pretext may be shown “where an employer treats one employee more harshly than other ‘similarly situated’ employees for ‘nearly identical’ conduct.”
The Court is mindful that it must draw all reasonable inferences in favor of the non-moving party. After careful review of the record, the Court finds that Plaintiff has not carried her burden of proving that the legitimate, nondiscriminatory reasons given by the Hospital were pretextual or that her FMLA leave request actually played a role in the decision-making process and had a determinative influence on the outcome.
FMLA Interference Claim
Plaintiff also brings an FMLA interference claim, asserting that even though the Hospital approved her intermittent FMLA leave request, there is a genuine issue of material fact as to whether Jones’s supervisor, Pierre, dissuaded her from taking leave and whether Plaintiff was prejudiced by the alleged interference.
Defendants claim that, even if it were true that Pierre made this statement, Plaintiff cannot establish that there was prejudice as a result of it because any request that Plaintiff actually made to take time off was approved by Pierre, and Jones cannot point to any instance of her being denied leave' when requested.
Unlike Plaintiffs claim for retaliation, her interference claim does not require a showing of discriminatory intent.
The Court finds that there is a genuine issue of material fact as to whether Pierre discouraged Jones from taking FMLA leave or, alternatively, from taking further FMLA leave. A reasonable jury could find Pierre’s statement to Jones as discouraging Plaintiff from taking the FMLA leave to which she was entitled.
Negligent Supervision
Plaintiffs Complaint also makes a claim for negligent supervision.
“[V]iolations of anti-discrimination laws do not of themselves give rise to general tort liability, although they might meet the definition of ‘fault’ under Civil Code article 2315. To hold otherwise would abrogate the legislative remedial scheme for redressing employment discrimination.”
CONCLUSION
For the aforementioned reasons, IT IS ORDERED that Defendants’ motion for summary judgment is GRANTED IN PART as to Plaintiffs FMLA retaliation and negligent supervision claims, and DENIED IN PART as to Plaintiffs FMLA interference claim.
. R. Doc. 23.
. Id. (Defendants' Motion for Summary Judgment); R. Doc. 29 (Plaintiff's Opposition); R. Doc. 34 (Defendants’ Reply); R. Doc. 41 (Plaintiff's Memorandum of Law on the Mixed Motive Standard in FMLA Cases); R. Doc. 45 (Defendants’ Supplemental Reply).
. R. Doc. 1 at p. 2.
. R. Doc. 29-1 atp. 10.
. Id.
. R. Doc. 29-9 at p. 3 (Exhibit 3 — Plaintiff’s Affidavit); R. Doc. 29-9 at pp. 100, 105, 107 (Exhibit lc — Jones’s Deposition).
. R. Doc. 29-1 atp. 19.
. R. Doc. 1 at ¶ 13.
. Id. Plaintiff's opposition to Defendants’ motion for summary judgment and her memorandum of law on the mixed-motive standard in FMLA cases make clear that Plaintiff has abandoned the “but for” causation standard in favor of the mixed-motive framework. R. Doc. 29 at p. 13; R. Doc. 41. Thus, Plaintiff now "concedes that discrimination was not the sole reason for her discharge, but argues that discrimination was a motivating factor in her termination.” R. Doc. 41 at p. 2 (stating "[t]his is such a case” after discussing when the mixed-motive framework is the appropriate framework to apply).
. R. Doc. 1. at pp. 1, 5.
. R. Doc. 23 atpp. 1-2.
. R. Doc. 23-1 at pp. 2-3.
. Id. at pp. 3, 14-15 ("Plaintiff received five (5) separate counseling notifications during the course of her employment and before she requested FMLA leave. Just in the four (4) month period before Plaintiff requested FMLA, she received two (2) separate counseling notifications for complaints of rude and unprofessional behavior, one in which Mr. Miranda noted: ... Keicia was warned that if her performance did not improve that further disciplinary action would be taken, including termination.”).
. Id. atpp. 2, 8.
. Id. atp. 7.
. R. Doc. 29 at p. 1; R. Doc. 29-1.
. Fed.R.Civ.P. 56. See also Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).
. DIRECTV Inc. v. Robson, 420 F.3d 532, 536 (5th Cir. 2005).
. Delta & Pine Land Co. v. Nationwide Agribusiness Ins. Co., 530 F.3d 395, 398 (5th Cir. 2008). See also Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150-51, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000).
. Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994).
. Smith v. Amedisys, Inc., 298 F.3d 434, 440 (5th Cir. 2002).
. Int'l Shortstop, Inc. v. Rally’s, Inc., 939 F.2d 1257, 1263-64 (5th Cir. 1991) (quoting Golden Rule Ins. Co. v. Lease, 755 F.Supp. 948, 951 (D.Colo. 1991)).
. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).
. Id. at 324, 106 S.Ct. 2548.
. See id. at 325, 106 S.Ct. 2548.
. Id. at 332-33, 333 n. 3, 106 S.Ct. 2548.
. Ragas v. Tenn. Gas Pipeline Co., 136 F.3d 455, 458 (5th Cir. 1998) (citing Celotex, 477 U.S. at 324, 106 S.Ct. 2548; Forsyth v. Barr, 19 F.3d 1527, 1537 (5th Cir. 1994) and quoting Skotak v. Tenneco Resins, Inc., 953 F.2d 909, 915-16 & n. 7 (5th Cir. 1992)).
. Richardson v. Monitronics Int’l, Inc., 434 F.3d 327, 332 (5th Cir. 2005) (alterations in original) (quoting 29 U.S.C. § 2615(a)(1)).
. Bocalbos v. Nat’l Western Life Ins. Co., 162 F.3d 379, 383 (5th Cir. 1998).
. R. Doc. at 1 at p. 5.
. R. Doc. 29-1 at pp. 15-18.
. Id. atpp. 3, 20-21.
. Id. atpp. 10-11, 22.
. Id. atpp. 11-12.
. Id. atp. 18.
. Id. at pp. 18-19.
. Id. atp. 19.
. Id.
. Id.
. Id.
. Id. at pp. 19-20.
. R. Doc. 1 at p. 4.
. Ion v. Chevron USA, Inc., 731 F.3d 379, 389 (5th Cir. 2013) (citing 29 U.S.C. § 2615(a); 29 C.F.R. § 825.220(c)).
. Richardson v. Monitronics Int’l, Inc., 434 F.3d 327, 332 (5th Cir. 2005) (citing Hunt v. Rapides Healthcare Sys., LLC, 277 F.3d 757, 768 (5th Cir. 2001)).
. R. Doc. 29 at p. 13; R. Doc. 41 at pp. 1-2 (citing 731 F.3d 379 (5th Cir. 2013)). Plaintiff's Complaint states that the reason given to Jones for her termination “[was] pretextual. Jones was not guilty of any offensive behavior and the only calls she ever made from work had to do with her husband’s immediate and life-critical health needs. The real reason Jones was terminated was that Jones’[s] ongoing need to care for her husband was inconvenient for Children’s Hospital and for Walter Pierre, Jr. Pierre regarded it to be likely that Jones would again apply for FMLA as her husband’s health continued to deteriorate. The decision to terminate Jones was also, or in the alternative, made in retaliation for her earlier attempt to obtain FMLA.” R. Doc. 1. at p. 4. Plaintiff’s opposition to Defendants’ motion for summary judgment and her memorandum of law on the mixed-motive standard in FMLA cases make clear, however, that Plaintiff has abandoned the "but for” causation standard in favor of the mixed-motive framework. Thus, Plaintiff now “concedes that discrimination was not the sole reason for her discharge, but argues that discrimination was .a motivating factor in her termination.” R. Doc. 41 at p. 2; R. Doc. 29 at p. 13.
. Richardson v. Monitronics Int’l, Inc., 434 F.3d 327, 333 (5th Cir. 2005).
. R. Doc. 41 at p. 2.
. Richardson, 434 F.3d at 333.
. R. Doc. 43-2 at pp. 2-3.
. Id.; - U.S. -, 133 S.Ct. 2517, 186 L.Ed.2d 503 (2013); 557 U.S. 167, 129 S.Ct. 2343, 174 L.Ed.2d 119 (2009).
. R. Doc. 43-2 at pp. 3-4.
. Nigh v. School Dist. of Mellen, 50 F.Supp.3d 1034, 1054-55, 13-183, 2014 WL 4794521 at *19 (W.D.Wis. Sept. 25, 2014) (discussing Nassar and the courts that have addressed Nassar’s impact). See also Ion v. Chevron USA, Inc., 731 F.3d 379, 389-90 (5th Cir. 2013) (declining to resolve the question of Nassar's impact).
. See Ion v. Chevron USA, Inc., 731 F.3d 379, 390 (5th Cir. 2013) (stating that "we need not, and do not, decide whether Nassar’s analytical approach applies to FMLA-retaliation claims and, if so, whether it requires a plaintiff to prove but-for causation" because the parties did not "urge[ ] the court to revisit the applicability of the mixed-motive analysis” and “conclud[ing] that a genuine issue of material fact exist[ed] under either standard”).
. See id. at 390.
. See R. Doc. 23 at p. 6.
. Id. at pp. 6-9.
. Montemayor v. City of San Antonio, 276 F.3d 687, 692 (5th Cir. 2001).
. See Sanchez v. Dall./Fort Worth Int’l Airport Bd., 438 Fed.Appx. 343, 346 (5th Cir. 2011).
. ''Plaintiff was terminated because Mr. Miranda and Mr. Mittelstaedt reasonably believed, in good faith, that she engaged in a barrage of threatening and offensive behavior toward her co-workers while on a personal call for thirty[-three] (33) minutes.” R. Doc. 23-1 at p. 9.
. These problems occurred prior to her requesting FMLA leave. R. Doc. 23-1 at pp. 14-15. Her performance records also indicate that notice was given to Plaintiff that future problems could result in termination. R. Doc. 23-4 at p. 13 (Exhibit 2-B).
. Ion v. Chevron USA, Inc., 731 F.3d 379, 391 (5th Cir. 2013).
. See Sanchez, 438 Fed.Appx. at 346-47.
. R. Doc. 29 at p. 21.
. R. Doc. 29-1 at p. 21.
. Amie v. El Paso Indep. Sch. Dist., 253 Fed.Appx. 447, 454-55 (5th Cir. 2007).
. R. Doc. 29-1 at p. 19.
.Plaintiff states that "Pierre's authority extended beyond rating his subordinates: it extended to their discipline and termination. She claims that on previous occasions Pierre had influenced decisions to terminate PBX operators.” R. Doc. 29-1 at p. 20. Notably, Plaintiff admits no other PBX operators were ever actually terminated. However, she states that Pierre recommended another employee be transferred instead of discharged, and his recommendation was accepted. Id. at pp. 20-21. In doing so, she cites only to her sworn declaration. Id. Her uncorroborated subjective belief that Pierre had authority in previous employment decisions and that this is evidence that he had authority over Plaintiff’s termination is insufficient to establish a genuine issue of material fact. R. Doc. 29-1 at pp. 20-21 (citing the declarations of Miranda and Mittelstaedt for the propositions that Pierre spoke to Miranda about the incident, who then spoke to Mittel-staedt). Based on her argument that Pierre had a discriminatory motive, Plaintiff argues that Pierre’s discriminatory animus should be imputed to the Hospital through the "cat’s paw doctrine.” R. Doc. 29 at p. 18. Under
. R. Doc. 29 at pp. 20-21.
. Jackson v. Cal-Western Packaging Corp., 602 F.3d 374, 379 (5th Cir. 2010) (quoting Waggoner v. City of Garland, Tex., 987 F.2d 1160, 1165 (5th Cir. 1993)).
. See Castay v. Ochsner Clinic Found., 13-2492, 2014 WL 432518 at *2 (E.D.La. Feb. 4, 2014) (Morgan, J.). Further, " 'a dispute in the evidence concerning ... job performance does not provide a sufficient basis for a reasonable factfinder to infer that [the] proffered justification is unworthy of credence.’ ” Mayberry v. Vought Aircraft Co., 55 F.3d 1086, 1091 (5th Cir. 1995) (quoting Little v. Republic Ref. Co., 924 F.2d 93, 97 (5th Cir. 1991)).
. R. Doc. 29-1 at p. 19.
. R. Doc. 23-1 at pp. 14-15. R. Doc. 23-4 at p. 13 (Exhibit 2-B).
. R. Doc. 29-1 at p. 19.
. Vaughn v. Woodforest Bank, 665 F.3d 632, 637 (5th Cir. 2011)
. The last name is spelled "Jiles” in some parts of the opposition while spelled "Giles” in others. See, e.g., R. Doc. 29 at p. 19; R. Doc. 29-1 at p. 22.
. R. Doc. 29-5 at p. 152 (Jones’s Deposition).
. Plaintiff was warned in her counseling notification on October 11, 2012 that if her performance did not improve, further disciplinary action, including possible termination, would result. R. Doc. 23-4 (Exhibit 2-B). Other counseling notices also reference rude and discourteous behavior.
. R. Doc. 29-6 (Exhibit 4-A).
. See Lorentz v. Alcon Labs., Inc., 535 Fed.Appx. 319, 326 (5th Cir. 2013).
. See Shetty v. Hampton Univ., 12-58, 2014 WL 280448 at *12 (E.D.Va. Jan. 24, 2014); see also Johnson v. Spohn, 334 Fed.Appx. 673, 685 (5th Cir. 2009); Jenkins v. Methodist Hosps. of Dall, Inc., 478 F.3d 255, 261 (5th Cir. 2007) (citing Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 141, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000); Hazen Paper Co. v. Biggins, 507 U.S. 604, 610, 113 S.Ct. 1701, 123 L.Ed.2d 338 (1993)).
. R. Doc. 29 at pp. 11-12.
. Id. atp. 12.
. Id. at pp. 10-12 (Opposition) (stating that Jones testified that Pierre told her she could not take time off and that Jones was dissuaded from taking any FMLA leave); R. Doc. 1 at pp. 3-4 (Verified Complaint) (asserting that she “did not take FMLA leave to which she was entitled” because Pierre told her after he learned of her FMLA request: "You cannot take off. We are short staffed. We can’t hire anybody.”); R. Doc. 29-9 at pp. 3-4 (Plaintiff’s Affidavit) (“Walter Pierre informed me on February 7, 2013 that I could not take FMLA leave....”); R. Doc. 29-5 at pp. 122-123 (Jones's Deposition) (describing how she never asked Pierre for leave because of Pierre’s statement to Plaintiff).
. R. Doc. 23-1 atpp. 18-20.
. R. Doc. 23; See, e.g., R. Doc. 29-5 at p. 131-32, 137-41, 144-46, 148-49 (Jones's.Deposition).
. R. Doc. 29 at pp. 11-13; R. Doc. 29-4, 5 at pp. 119-21 (Jones’s Deposition); R. Doc. 29-9 at p. 4 (Sworn Declaration of Keicia Jones).
. Cuellar v. Keppel Amfels, L.L.C., 731 F.3d 342, 349 (5th Cir. 2013) (Elrod, J., concurring).
. Lanier v. Univ. of Tex. Sw, Med. Ctr., 527 Fed.Appx. 312, 316 (5th Cir. 2013); Cuellar, 731 F.3d at 347.
. Lubke v. City of Arlington, 455 F.3d 489, 497 (5th Cir. 2006) (citing Ragsdale v. Wolverine World Wide, Inc., 535 U.S. 81, 90, 122 S.Ct. 1155, 152 L.Ed.2d 167 (2002)).
. Bell v. Dall. Cnty., 432 Fed.Appx. 330, 334 (5th Cir. 2011) (quoting 29 C.F.R. § 825.220(b) (2010)).
. See Ragsdale, 535 U.S. at 82, 122 S.Ct. 1155.
. 29 U.S.C. § 2617(a)(1).
. For examples of decisions denying summary judgment as to FMLA interference claims, see Nixon v. Silverado Hospice of Hous., 12-0985, 2013 WL 3973980 at *4-5 (S.D.Tex. July 31, 2013); Brown v. Lassiter-Ware, Inc., 11-1074, 2013 WL 4456546 at *18 (M.D.Fla. Aug. 16, 2013); Traxler v. Multnomah Cnty., 06-1450, 2008 WL 282272 at *16 (D.Or. Jan. 29, 2008).
. 29 U.S.C.A. § 2617(a)(l)(A)(i)(II); R. Doc. 29 at p. 12; R. Doc. 29-4, 5 at pp. 119-21 (Jones’s Deposition); R. Doc. 29-9 at p. 4 (Sworn Declaration of Keicia Jones). Neither the FMLA nor the regulations define what costs qualify as costs of providing care.
. R. Doc. 1 at p. 5.
. R. Doc. 23-1 at p. 3 (citing Caletka v. State Farm Mutual Auto. Ins. Co., 936 F.Supp. 380 (W.D.La. 1996); Hornsby v. Enter. Transp. Co., 987 F.Supp. 512 (M.D.La. 1997) (“Article 2315 does not create liability for employment discrimination.”)).
. R. Doc. 29.
. Weathers v. Marshalls of MA, Inc., 02-717, 2002 WL 1770927 at *3 (E.D.La. July 31, 2002) (Engelhardt, J.) (citing Gluck v. Casino Am., Inc., 20 F.Supp.2d 991, 994-95 (W.D.La. 1998)). Additionally, such a negligence cause of action asserted by Plaintiff as a former employee against her former employer is barred by the Louisiana Workers’ Compensation Statute. Id.; La. R.S. 23:1032. See also Bertaut v. Folger Coffee Co., 06-2437, 2006 WL 2513175 at *3 (E.D.La. Aug. 29, 2006) (Zainey, J.) (stating that the plaintiff's claims for failure to train and failure to supervise are barred because Louisiana’s Workers' Compensation Statute is the exclusive remedy for injuries or damages caused by an employer’s negligence).
Reference
- Full Case Name
- Keicia JONES v. CHILDREN'S HOSPITAL
- Cited By
- 21 cases
- Status
- Published