Jefferies v. UNC Regional Physicians Pediatrics
Jefferies v. UNC Regional Physicians Pediatrics
Opinion of the Court
This is an employment discrimination action by Plaintiff Shannon Jefferies, proceeding pro se. Jefferies's sole remaining claim is one of retaliation in violation of 42 U.S.C. § 2000e et seq. ("Title VII") because UNC Regional Physicians Pediatrics ("Regional") terminated her employment. Before the court is Regional's motion for summary judgment (Doc. 22.) The motion is fully briefed and ready for decision. For *623the reasons discussed below, Regional's motion will be granted.
I. BACKGROUND
Viewed in the light most favorable to Jefferies as the nonmoving party, the facts reflect the following:
Jefferies is a black woman who worked as a Certified Medical Assistant ("CMA") at Regional from September 2014 to June 19, 2017. (Doc. 5-1 at 1.) During the summer of 2016, Cornerstone Healthcare ("Cornerstone"), Jefferies's former employer, merged with Regional, resulting in tension between the two staffs. (Doc. 23-1 at 2-3; Doc. 23-3 at 3.)
Under the attendance policy at Regional, employees were disciplined after the occurrence of a specific number of unscheduled absences and tardies, with each tardy counting as half an occurrence. (Doc. 23-1 at 3.) After three occurrences, employees received an oral reminder. (Id. at 18). After five occurrences, employees received a written reminder. (Id. ) After six occurrences, employees received a final reminder. (Id. ) And after seven occurrences, employees would be terminated. (Id. ) In January 2017, Regional's Practice Manager, Eric Welch, who was Jefferies's immediate supervisor, gave all employees a "clean slate" with respect to attendance, meaning that each employee began 2017 with zero occurrences. (Doc. 23-1 at 4; Doc. 23-2 ¶ 6.)
Between January and June 2017, Jefferies received several disciplinary actions from Welch. On March 20, 2017, Welch issued Jefferies an oral reminder based on three unscheduled absences, which Jefferies signed on March 21, 2017. (Doc. 23-1 ¶ 15; Doc. 25-7 at 2.) Jefferies later became suspicious that Welch was not equally enforcing the attendance policy against former Cornerstone employees and complained to Welch's supervisor, Becca Wohlgemuth. (Doc. 23-7 at 2.) During this time Allison Skeen, CMA, who is white, informed Jefferies that she had also received an oral reminder for attendance policy violations. (Doc. 23-4 at 29.)
On May 11, 2017, Welch issued Jefferies a second oral reminder based on complaints from coworkers and a patient's mother. (Doc. 23-1 ¶ 16; Doc. 23-2 at 8.) The coworkers had complained that Jefferies had slammed down a clipboard at the registration desk and stated that "someone was 'being a bitch.' " (Doc. 23-2 at 8-9.) On May 10, 2017, a patient's mother told an office manager that she had an exchange with Jefferies that was "very inappropriate" when Jefferies accused her of "[having] an attitude problem this morning" and Jefferies "was rude to her the rest of the visit and just made her feel uncomfortable."
*624On May 24, 2017, Jefferies was contacted by Paul Earring of Regional's Human Resources department in response to her May 23 email. (Doc. 25 at 9.)
When Jefferies returned to the office on June 19, 2017, she was immediately terminated by Wohlgemuth. (Doc. 23-3 ¶ 22.) Wohlgemuth told Jefferies she was being terminated based on emails Wohlgemuth had received from other employees alleging that Jefferies violated company policy. (Id. ¶¶ 12, 15-18, 22; Doc. 25-18 at 5.) These emails described Jefferies rummaging through a coworker's drawer, retrieving personal information (including a coworker's disciplinary action), and sharing it with other employees in violation of both Regional's employee code of conduct and its confidentiality policy. (Doc. 23-3 ¶¶ 12, 15-17; Doc. 25-22 at 4; Doc. 23-1 at 14-15; Doc. 23-2 at 34.) There is no indication in the record that Wohlgemuth knew that Jefferies had filed an EEOC charge; to the contrary, Wohlgemuth states in her affidavit that she was not aware that Jefferies had filed or planned to file a charge with the EEOC at the time she made the decision to terminate Jefferies's employment. (Doc. 23-3 ¶ 25.)
On June 20, 2017, Jefferies filed a second EEOC charge claiming she was terminated in retaliation for having filed the previous EEOC charge. (Doc. 25-18 at 5.)
On March 5, 2018, Jefferies filed this lawsuit against Regional in the General Court of Justice, Guilford County, District Court Division-Small Claims court. (Doc. 1-1.) Regional timely removed the action to this court based on federal question jurisdiction. (Doc. 1.) Regional then moved to dismiss the complaint, and the court granted the motion as to all claims against Welch and all claims against Regional except for Jefferies's retaliation claim now before the court. (Doc. 7; Doc. 11.) The court issued Jefferies a Roseboro letter,
II. ANALYSIS
A. Standard of Review
Summary judgment is appropriate where evidence in the record "shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a) ; see Celotex Corp. v. Catrett,
*625Anderson v. Liberty Lobby, Inc.,
In analyzing a summary judgment motion, the court "tak[es] the evidence and all reasonable inferences drawn therefrom in the light most favorable to the nonmoving party." Henry v. Purnell,
In response to a motion for summary judgment, "[a] party asserting that a fact ... is genuinely disputed must support the assertion by ... citing to particular parts of materials in the record, including ... affidavits or declarations ...." Fed. R. Civ. P. 56(c)(1)(A). The responding party "may not rest upon mere allegations or denials of his pleading, but 'must come forward with specific facts showing that there is a genuine issue for trial.' " Emmett v. Johnson,
Jefferies proceeds pro se. Pro se litigants are accorded some generosity in construing their pleadings and filings. Armstrong v. Rolm A. Siemans Co.,
Pro se litigants, like all litigants, are bound by the Federal Rules of Civil Procedure, especially as they relate to the fundamental requirement of presenting admissible evidence to support claims. In deference to Jefferies's pro se status, the court sent her a Roseboro letter on April 2, 2019, informing her that "[her] failure to respond, or if appropriate, to file affidavits or evidence in rebuttal within the allowed time may cause the court to conclude that the defendants' contentions are undisputed ...." (Doc. 24.) A party's brief does not *626constitute evidence that the court can consider on a motion for summary judgment. Similarly, statements such as those submitted by Jefferies that "do[ ] not subject the author to the penalty of perjury for any misstatements" (see Doc. 25-19 at 8) cannot by themselves defeat a summary judgment motion. Turner v. Godwin, 1:15CV770,
In the end, even where a motion for summary judgment is not opposed with sufficient admissible evidence to create a dispute of material fact, the court will review the motion to make an independent determination whether the moving party is entitled to summary judgment as a matter of law. Robinson v. Wix Filtration Corp. LLC,
B. Retaliation Claim
Absent direct evidence of intentional discrimination, claims under Title VII are analyzed under the burden-shifting framework established in McDonnell Douglas Corp. v. Green,
Here, Regional argues that Jefferies has failed to establish a prima facie case of retaliation, as she has shown neither protected activity nor causation. Regional also argues that Jefferies has failed to establish that its nonretaliatory reason for terminating Jefferies was a pretext for retaliation. In response, Jefferies contends that she has established a prima facie case and that Regional's reasons for termination were pretextual.
1. Protected Activities
Title VII makes it "an unlawful employment practice for an employer ... to discriminate against any individual with respect to [her] compensation, terms, conditions, *627or privileges of employment, because of such individual's race, color, religion, sex, or national origin." 42 U.S.C. § 2000e-2(a)(1). Title VII also prohibits retaliation by a private employer against an employee because the employee has (1) "made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing" under Title VII or (2) "opposed any practice made an unlawful employment practice by" Title VII. 42 U.S.C. § 2000e-3(a). These are referred to as the participation clause and the opposition clause, respectively. Under the opposition clause, "an employee is protected when she opposes not only ... employment actions actually unlawful under Title VII but also employment actions she reasonably believes to be unlawful." Boyer-Liberto v. Fontainebleau Corp.,
Jefferies claims that she engaged in three separate protected activities: (1) warning Regional's Human Resources department that she would involve the EEOC if her complaints were not resolved, (2) sending the May 23, 2017 email to Wohlgemuth and Welch alleging discrimination, and (3) filing an EEOC complaint on June 19, 2017.
Jefferies's first basis for liability appears to refer to her alleged conversation with Earring, recounted in her brief. (Id. at 9.) Jefferies argues that during this call she suggested to Earring that if her complaints did not get handled she would like "a neutral party such as EEOC [to] come in." (Id. ) However, she provides no record evidence for this statement, and because it lacks evidentiary support it will not be considered by the court. White,
Jefferies's second basis for liability - complaints of racial discrimination made to Wohlgemuth and Welch in her May 23, 2017 email - can constitute protected activity if Jefferies's subjective belief of discrimination was "objectively reasonable in light of the facts." Cuffee v. Tidewater Cmty. Coll.,
As to the third basis for liability, it is well established that filing an EEOC discrimination charge constitutes protected activity under the participation clause of Title VII. See 42 U.S.C. § 2000e-3(a) ; Dowe v. Total Action Against Poverty in Roanoke Valley,
2. Materially Adverse Action
To establish a materially adverse action, "a plaintiff must show that a reasonable employee would have found the challenged action materially adverse, which ... means it well might have dissuaded a reasonable worker from making or supporting a charge of discrimination." Burlington,
*6293. Causal Connection
Finally, to establish a prima facie case of retaliation a plaintiff must prove that a causal connection existed between a plaintiff's protected activity and a defendant's materially adverse action. Strothers,
To establish a causal connection, Jefferies must show that (1) the protected activity preceded the materially adverse action and (2) that the employer knew the employee engaged in a protected activity. Causey v. Balog,
Jefferies meets the first element. She engaged in the protected activity of filing an EEOC charge hours before her termination. As to the second element, however, Jefferies has failed to establish that Regional knew of her engagement in protected activity at the time of her termination. Though she argues that Welch, not Wohlgemuth, was the decisionmaker in her termination, she submits no evidence that either of them knew she had filed an EEOC complaint just hours earlier that day before her termination. See Conrad v. CSX Transp., Inc.,
4. Legitimate Nonretaliatory Reason
Even if Jefferies could establish a prima facie case of retaliation, the burden would then shift to Regional to produce a legitimate nonretaliatory reason for her termination. Strothers,
Regional has offered a legitimate nonretaliatory reason for terminating Jefferies. It explains it terminated Jefferies based on reports from three separate employees that she had rummaged through the drawer of another employee, removed confidential information, then shared that information with coworkers in violation of Regional's code of conduct and Jefferies's confidentiality pledge. (Doc. 23-3 ¶¶ 12, 15-18, 22; id. at 10; Doc. 23-2 at 27-28; Doc. 25-22 at 4.) Jefferies does not contest *630that she was provided with this reason at the time of her termination.
The violation of company policy is recognized as a legitimate reason for terminating an employee. See Laing v. Fed. Express Corp.,
5. Pretext
Because Regional has produced a legitimate nonretaliatory reason for the materially adverse action, the burden shifts to Jefferies to produce evidence from which a jury could reasonably conclude that "the employer's purported nonretaliatory reasons were not its true reasons, but were a pretext for discrimination." Strothers,
Though Jefferies argues that the emails received by Wohlgemuth were falsified by Welch in furtherance of a conspiracy to end her employment, she provides no evidence to support these allegations.
Therefore, even if Jefferies could establish a prima facie case of retaliation, she cannot demonstrate that Regional's proffered reasons for her termination were pretextual, and she has thus failed to meet her burden under McDonnell Douglas. Accordingly, Regional is entitled to summary judgment.
III. CONCLUSION
For the reasons stated,
IT IS THEREFORE ORDERED that Regional's motion for summary judgment *631(Doc. 22) is GRANTED and this action is DISMISSED WITH PREJUDICE.
While Jefferies now asserts that these complaints were entirely fabricated by Welch, she offers no evidence to support this claim aside from text messages between herself and coworkers criticizing Welch and his job performance. (Doc. 25 at 8; Doc. 25-8 at 3-5.)
Jefferies admitted verbally and in writing that there had been incidents with a patient's mother and the registration desk staff. (Doc. 23-1 ¶ 17.)
Though Jefferies states in her brief that during this call she suggested to Earring that if her complaints did not get handled she would like "a neutral party such as EEOC [Equal Employment Opportunity Commission] come in," she provides no record evidence for this statement. (Doc. 25 at 9.)
See Roseboro v. Garrison,
Though Jefferies also makes generalized attendance complaints and intimates discrimination against her following the medical practice merger and discrimination due to general personal animosity, Title VII only provides protection against discrimination on the basis of "race, color, religion, sex, or national origin." 42 U.S.C. § 2000e-2(a)(1) ; see also Burlington,
Unpublished decisions of the Fourth Circuit are not precedential and are generally entitled only to the weight of their persuasive reasoning. See Collins v. Pond Creek Mining Co.,
Jefferies also argues that Welch's enforcement of the attendance policy against her constitutes a materially adverse action. The court need not decide whether this is so because Jefferies cannot establish a causal connection on this ground as each enforcement of the attendance policy against Jefferies preceded her protected activity of filing the EEOC charge. See Causey v. Balog,
Although Jefferies submits text messages attached to her brief in support of her claims, these messages make no reference to the emails or the allegations resulting in Jefferies's termination and thus provide no support for her claims. (Doc. 25-17 at 2-23.)
Reference
- Full Case Name
- Shannon Oranda JEFFERIES v. UNC REGIONAL PHYSICIANS PEDIATRICS and Eric Welch
- Cited By
- 10 cases
- Status
- Published