Jajua v. Ministries
Jajua v. Ministries
Opinion of the Court
Plaintiff Alice Jajua, a nurse, filed suit against her former employer, Diakon Lutheran Social Ministries, alleging race and national origin discrimination, retaliation, and a hostile work environment in violation of Title VII of the Civil Rights Act of 1964,
I. BACKGROUND
The following facts are undisputed, or where parties have presented conflicting evidence, construed in the light most favorable to Plaintiff as the non-moving party.
Defendant is the owner and operator of Twining Village, a nursing home facility that provides health care and rehabilitation services to the elderly and disabled.
The alleged discrimination and retaliation in this case began around November 2014 and lasted until Plaintiff's termination on September 4, 2015.
In January 2015, Plaintiff applied for a transfer from her "second shift" position, which lasted from 3:00 pm to 11:00 pm, to the more desirable "first shift" position, which lasted from 7:00 am to 3:00 pm, so she could care for her son after school.
The transfer did not go smoothly for Plaintiff. The unit manager for first shift was Amanda Leitenberger, whom at least one nurse had heard make derogatory comments concerning African food.
Between May and September of 2015, Plaintiff's previously satisfactory performance record devolved into a series of disciplinary investigations and write-ups that ultimately led to her termination. On May 8, 2015, Ms. Bermingham placed Plaintiff on an investigatory suspension based on an allegation that Plaintiff had been "rough" with a resident in repositioning him in his chair.
In August 2015, Plaintiff was again suspended based on a separate incident involving Ms. Leitenberger, during which Plaintiff allegedly refused to take a break when Ms. Leitenberger came to relieve her. According to Plaintiff, on August 17, after she asked Ms. Leitenberger to relieve her, Ms. Leitenberger abruptly approached Plaintiff and demanded that she hand over her keys and take her break immediately.
A few weeks later, on September 4, 2015, Plaintiff was terminated by Ms. Leitenberger and Billie DeRemer, Diakon's Employee Relations Manager. The asserted impetus for the termination was an alleged incident on September 1, 2015, during which a family member of a resident "complained that nurse did not care for resident on 9/1/15 in a professional manor [sic ]" and stated that the "nurse was unable to identify a medication that she gave to a resident."
Ms. Jajua was replaced by a Caucasian employee, Belinda Janiszeqski.
II. STANDARD OF REVIEW
"The underlying purpose of summary judgment is to avoid a pointless trial in cases where it is unnecessary and would only cause delay and expense."
In evaluating a summary judgment motion, a court "must view the facts in the light most favorable to the non-moving party," and make every reasonable inference in that party's favor.
III. DISCUSSION
Defendant moves for summary judgment on each count of the Complaint, including Plaintiff's claims of race and national origin discrimination, retaliation, and hostile work environment.
A. Race and National Origin Discrimination
Plaintiff asserts race and national origin discrimination under Title VII and the PHRA, and race discrimination under
In the absence of direct evidence, courts evaluate indirect evidence of discrimination using the McDonnell Douglas Corp. v. Green
*653Here, Plaintiff asserts race and national origin discrimination based on 1) Defendant's delay in transferring her to first shift; and 2) Defendant's disciplinary actions against her, culminating in her termination.
1. Discriminatory refusal to transfer
At the outset, Defendant contends that Plaintiff's delay in transferring Plaintiff does not constitute a cognizable adverse employment action as a matter of law. The Court disagrees. An "adverse employment action" is an action that is "serious and tangible enough to alter an employee's compensation, terms, conditions, or privileges of employment."
In arguing to the contrary, Defendant relies primarily on two cases from other circuits, which the Court finds unpersuasive here. In Amro v. Boeing Co. ,
*654
Defendant also contends that Plaintiff has not provided sufficient evidence to support an inference of discriminatory intent. Specifically, Defendant asserts that any statement by Ms. Bermingham that Plaintiff's transfer was delayed because of her accent is not direct evidence of discrimination because an employer can legitimately consider an employee's oral communication skills in evaluating his or her qualifications. But in this case, at the time Ms. Bermingham made the alleged statement concerning Plaintiff's accent, Plaintiff had already been found qualified for the transfer at issue, including with respect to her "communication skills."
Moreover, even without direct evidence of discriminatory intent, Plaintiff has provided sufficient indirect evidence to sustain an inference of discrimination based on Plaintiff's race and national origin. Plaintiff was eligible for the transfer, but has adduced evidence that the transfer was delayed for three months while nurses of other races were being transferred to first shift in her place. She also identified a Caucasian colleague, Lisa, who was transferred to another shift without the delay that attended Plaintiff's transfer. Moreover, Ms. Bermingham's refusal to address complaints concerning derogatory comments made by other nurses could further support an inference of discriminatory intent.
Accordingly, a reasonable fact finder could conclude that Defendant's delay in transferring Plaintiff to first shift was an adverse employment action that was motivated by discrimination based on race and national origin. Defendant's motion will be denied with respect to this claim.
2. Discriminatory Disciplinary Actions and Termination
With respect to Plaintiff's discrimination claims based on her termination and the preceding disciplinary actions, Defendant contends that Plaintiff has failed to establish that Defendant's proffered justifications are pretextual. The Court addresses each of the disciplinary actions at issue in turn.
a. May 2015 Disciplinary Actions
Construing the evidence in the light most favorable to Plaintiff, a fact finder could conclude that the May 6, 2015 investigatory suspension and May 18, 2015 written warning against Plaintiff both *655arose from an incident in which a resident complained that a nurse or clinical nurse assistant, who was African American, wore a wig, and had glasses, was abusive in repositioning the resident in his chair.
Defendant asserts that the resulting disciplinary actions cannot be pretextual because Defendant is obligated by law and its own written policies to investigate and address all allegations of abuse made by a resident. However, Plaintiff contends that regardless of Defendant's duty to investigate, Ms. Bermingham unjustifiably chose to discipline Plaintiff rather than investigate other nurses and aides who were not of recent African origin, and more accurately met the resident's description. Plaintiff's testimony that she was mistakenly identified, in conjunction with evidence of Ms. Bermingham's earlier statements concerning Plaintiff's accent and her refusal to address derogatory comments made against Plaintiff in the workplace, may support a claim of national origin discrimination based on Ms. Bermingham's decision to investigate Plaintiff rather than other nurses who were not of recent African origin. However, the evidence shows that the resident identified the nurse's race, and therefore Plaintiff cannot establish that race discrimination motivated Defendant's investigation.
Accordingly, at trial, Plaintiff will be permitted to assert a claim of national origin discrimination, but not race discrimination, based on the May 2015 disciplinary actions against her.
b. August 2015 Disciplinary Action
Plaintiff was disciplinarily suspended in August 2015 based on Ms. Leitenberger's allegations that Plaintiff yelled loudly across the nursing station, and acted disrespectfully towards patients and their visiting families. During her deposition in this case, Plaintiff testified that the allegations are false, and that on August 17, 2015, after Plaintiff had asked Ms. Leitenberger to relieve her for a break, Ms. Leitenberger abruptly approached Plaintiff while she was administering medication to a resident and demanded that she take a break and hand over her key to her medication kiosk immediately.
Plaintiff's testimony is sufficient to create a genuine dispute of fact over the credibility of the assertions underlying the August 2015 disciplinary action. A reasonable fact finder could choose to credit Plaintiff's version of the events on August 17, 2015 over the account provided in the disciplinary report and conclude that Defendant's allegations were pretextual. Accordingly, Plaintiff will be permitted to proceed with her race and national origin discrimination claims based on her August 2015 disciplinary suspension.
c. September 2015 Termination
Defendant asserts that Plaintiff's termination was based on Plaintiff's past disciplinary actions and triggered by a complaint from a resident's daughter alleging that Plaintiff was unable to identify the resident's medication. In response, Plaintiff testified during her deposition that she correctly identified the medication to the resident, and that the allegations against her are implausible because even if she was not familiar with the resident's medication, she could easily look up the medication on the computer or on her phone.
*656No written statements or testimony from the family member have been produced, and Ms. Leitenberger has given conflicting accounts of the manner in which she received the family member's complaint.
B. Retaliation
To establish a prima facie case of retaliation under the McDonnell Douglas framework, Plaintiff must bring forth evidence that (1) she engaged in a protected employee activity; (2) Defendant took an adverse employment action after or contemporaneous with the protected activity; and (3) a causal link exists between the protected activity and the adverse action.
Defendant contends that Plaintiff has failed to establish that she engaged in any protected activity. Plaintiff has testified that she (1) complained to Cindy Woodward regarding the delay in her transfer and informed her of Ms. Bermingham's purported reasons for the delay;
A reasonable fact finder could conclude that these complaints to management, in context, were discernibly directed to discriminatory conduct. First, Plaintiff's repetition of Ms. Bermingham's and Ms. Salas's statements concerning Plaintiff's accent and food would lead a reasonable person to discern that Plaintiff was alleging discrimination on the basis of national origin. Second, Plaintiff testified that in complaining about Ms. Leitenberger's failure to relieve her, she specifically pointed to Ms. Leitenberger's willingness to relieve other nurses.
Defendant also contends that even if Plaintiff could establish a prima facie case of retaliation, Plaintiff has failed to show that Defendant's proffered reasons for disciplining and terminating her were pretextual. This argument fails for the same reasons discussed above with respect to Plaintiff's discrimination claims. Specifically, Plaintiff provides alternative accounts of each of the incidents giving rise to the disciplinary actions that, together with her history of satisfactory performance, and the proximity in time between her protected activities and the disciplinary actions in question, are sufficient to raise genuine disputes of material fact as to pretext.
C. Hostile Work Environment
To prove a hostile work environment claim under Title VII, § 1981, or the PHRA, Plaintiff must establish that (1) she suffered intentional discrimination; (2) the discrimination was severe or pervasive; (3) the discrimination detrimentally affected her; (4) the discrimination would have affected a reasonable person in the same position; and (5) there is a basis for employer liability.
Here, Plaintiff offers evidence of the following alleged conduct: (1) employees at Diakon, including Ms. Salas, who later became director of nursing, commented that Africans came to America to take the money and jobs of others, and specifically made such comments to Plaintiff when she took on a double shift or stayed past the end of her shift;
Defendant argues that these events are insufficient to establish the third prong of plaintiff's prima facie case. The Court disagrees. First, contrary to Defendant's contention, discriminatory conduct need not be both severe and pervasive to form the basis of a hostile work environment claim. Under the Third Circuit's holding in Castleberry v. STI Group , the "severe or pervasive" element is disjunctive.
Defendant also contends that the disciplinary actions against Plaintiff cannot form the basis for a hostile work environment claim because they were motivated by legitimate reasons. But for the same reasons discussed above with respect to Plaintiff's discrimination and retaliation claims, a reasonable fact finder could conclude that Defendant's stated reasons were not credible.
IV. CONCLUSION
For the reasons discussed above, Defendant's motion will be granted as to Plaintiff's race discrimination claim based on the May 2015 investigatory suspension and written warning against her, and denied in all other respects. An order follows.
42 U.S.C. § 2000e et seq.
43 Pa. Stat. Ann. § 951 et seq.
Stip. Fact ¶ 3.
Stip. Fact ¶ 1; Pl.'s Exh. A (Jajua Dep.) at 9.
Throughout her Complaint, her deposition, and her briefing, Plaintiff refers to her race as "black," and her nationality as "African." Plaintiff does not identify herself as "African American." Out of respect for Plaintiff, the Court will adopt the terms she uses.
Stip. Fact ¶ 1; Pl.'s Exh. H (Bermingham Dep.) at 72.
Stip. Fact ¶ 3.
Pl.'s Exhs. B, C; Stip. Fact. ¶ 4.
Stip. Fact ¶ 5.
Jajua Dep. 40.
Jajua Dep. 47, 149-150.
Jajua Dep. 124-125.
Jajua Dep. 40-42.
Pl.'s Exh. F (Wangole Dep.) at p. 21-24, 35-36; Pl.'s Exh. S (Gboo Dep.) at 19-20, 44-45.
Pl.'s Fact ¶ 55; Wangole Dep. 23-24, 27, 51.
Stip. Fact ¶ 24; Pl.'s Fact ¶ 14; Wangole Dep. at 25, 26.
Stip. Fact ¶ 25-26; Pl.'s Ex. I.
Stip Fact ¶ 26.
Jajua Dep. 38-39.
Jajua Dep. 55, 150-151.
Jajua Dep. 38-39, 136.
Pl.'s Facts 26-27; Jajua Dep. 30-33, 38-39, 127-128, 135; Pl.'s Ex. L (Bowen Dep.) at 33.
Jajua Dep. 30-33, 128; Pl.'s Ex. D (Woodward Dep.) at 20-21.
Stip. Fact ¶ 8; Wangole Dep. 20.
Jajua Dep. 50-52, 61.
Jajua Dep. 51-52; Plaintiff's African colleague, a per diem nurse, observed that Caucasian nurses were regularly relieved to take their breaks, while Plaintiff went without her break. Wangole Dep. 42.
Stip. Fact ¶ 11; Jajua 123-124.
Def.'s Ex. R.
Pl.'s Fact 37; Jajua Dep. 82-88.
Def.'s Ex. R; Pl.'s Ex. O.
Def.'s Ex. T.
Bermingham Dep. 53-54.
Jajua Dep. 52.
Jajua Dep. 52, 98-99.
Def.'s Exhibit U.
Pl.'s Ex. Q (Wiener Dep.) at 33-36, 62.
Pl.'s Ex. W.
Jajua Dep. 105-109; Exhibit Z.
Pl.'s Exh. X at Rog. No. 7.
Walden v. Saint Gobain Corp. ,
Fed. R. Civ. P. 56(a).
Anderson v. Liberty Lobby, Inc. ,
Hugh v. Butler Cty. Family YMCA ,
Boyle v. Cty. of Allegheny Pa. ,
Celotex Corp. v. Catrett ,
Anderson , 477 U.S. at 249-50,
Wisniewski v. Johns-Manville Corp. ,
Turgeon v. Marriott Hotel Servs., Inc. , No. 99-4401,
Anderson v. Wachovia Mortg. Corp. ,
Anderson ,
Sarullo v. U.S. Postal Serv. ,
Sarullo,
Fuentes v. Perskie,
Storey v. Burns Int'l Sec. Services,
Glanzman v. Metro. Mgmt. Corp. ,
Mondzelewski v. Pathmark Stores, Inc. ,
See, e.g. , Harley v. Paulson , No. 07-3559,
Pl.'s Ex. I.
Def.'s Exhs. R, T; Bermingham Dep. 53-54; Jajua Dep. 82-88.
Jajua Dep. 52.
Id. at 52, 98-99.
Jajua Dep. 104-106.
Pl.'s Ex. K (Leitenberger Dep.) at 63-64, 62-63 (testifying that the family called her twice and complained about Plaintiff over the phone); Pl.'s Exh. AA (Leitenberger Unemployment Proceedings Transcript) at 11-12 (testifying that the family member approached Ms. Leitenberger in person, pulled her aside, and asked her to switch assignments for her mother); DeRemer Dep. at 24.
Leitenberger Dep. 38-41.
See St. Mary's Honor Ctr. v. Hicks ,
Daniels v. Sch. Dist. of Phila. ,
Curay-Cramer v. Ursuline Acad. of Wilmington, Dela. ,
Daniels v. Sch. Dist. of Philadelphia ,
Jajua Dep. 30-33, 38-39, 127-128, 135.
Id. at 40-42, 46-47.
Jajua Dep. at 51-52, 122-123, 143.
Jajua Dep. at 122-123.
Although Defendant disputes Plaintiff's assertion that there were no other black full time nurses at Diakon, a reasonable fact finder could reach the same conclusion so long as Plaintiff was reasonably perceived to be one of few black nurses whom Ms. Leitenberger was responsible for relieving. Moreover, Defendant has not pointed specifically to other black full-time nurses whom Ms. Leitenberger was responsible for relieving, but instead points generally to other black and African employees at Diakon. Def's Resp. to Sur-Reply at 4 n.2.
Dykes v. Marco Grp., Inc. ,
Jajua Dep. 40-41, 45, 47; Pl.'s Exh. S (Gboo Dep.) at 12-13, 18-19, 28-29, 54.
Jajua Dep. at 40, 45; 149-50; Wangole Dep. at 20-25, 27-28, 34-36, 51-52; Gboo Dep. at 42-45.
Jajua Dep. 38-39, 136.
Def.'s Exhs. R, T, U, V.
Jajua Dep. 50-52, 60-61; Wangole Dep. at 42.
Jajua Dep. 52, 98-101.
Castleberry v. STI Grp. ,
Reference
- Full Case Name
- Alice JAJUA v. DIAKON LUTHERAN SOCIAL MINISTRIES, d/b/a Twining Village
- Cited By
- 8 cases
- Status
- Published