Deppner v. Spectrum Health Care Res., Inc.
Deppner v. Spectrum Health Care Res., Inc.
Opinion of the Court
Estrella Deppner brings these Title VII and District of Columbia Human Rights Act (DCHRA) actions against her former employer, Spectrum Healthcare Resources, asserting that it discriminated against her based on national origin, subjected her to a hostile work environment, and retaliated against her for engaging in protected activity. She also brings a DCHRA action against her former supervisor, Jerl Huling, in his individual capacity, asserting that he did the same. Before the Court is defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment. Dkt. 11. For the reasons that follow, the Court will grant the motion.
I. BACKGROUND
Spectrum Healthcare Services-a government contractor tasked with providing healthcare services to various federal agencies-employed Deppner as a nurse coordinator. Am. Compl. ¶¶ 4-5, Dkt. 6. From February 4, 2015 to March 30, 2016, Deppner was placed at the Health Center for the Department of Veteran's Affairs. Id. ¶ 4. During that time, Deppner was directed to prepare a report on "bed bugs" discovered in the health center. Id. ¶ 19. Her supervisor, Jerl Huling, was "made aware" of the bed bugs and instructed Deppner not to discuss them with other nurses. Id. ¶ 24.
On the afternoon of April 27, 2016, Deppner reported to the Potomac Education Center, where she was asked to measure the blood pressure of two female patients-"Client 1" and "Client 2."
*182¶¶ 9-13. During Client 1's visit, Deppner called her "honey bunny" and told her she "looked good and was sexy." Id. ¶ 11. Deppner also asked her to "uncross her legs and arms" to avoid inaccuracies in the blood pressure reading. Id. When Client 1 failed to do so, Deppner "touched Client 1's knee" and repeated the request. Id. After the treatment, Client 1 filed a complaint against Deppner alleging that Deppner's use of the terms " 'Honey Bunny' and 'Sexy' made her feel uncomfortable" and "amounted to 'sexual [sic] harassment." Id. ¶ 12.
Later that afternoon, Deppner told Client 2 she was "pretty" and "had a nice smile." Id. ¶ 13. Deppner began testing Client 2's blood pressure using a standard-sized cuff, which proved too small. Id. She then switched to the largest cuff available and administered the test. Id. The result was lower than usual, which Deppner explained could have been due to "diet, exercise, lack of sleep, dehydration" or "stress." Id. Client 2 responded "angrily" that if she needed advice, she would consult her doctor. Id. She filed a complaint against Deppner, in which she described Deppner's explanation for the low blood pressure result as a "lecture" that was both "demeaning and harassing." Id.
Spectrum reviewed the incidents and concluded that Deppner's conduct was "inappropriate, unprofessional and harassing." Id. ¶ 14. Huling called Deppner on April 29 and informed her she would be "suspended without pay until [Spectrum's] investigation is done." Id. Later that day, Deppner provided Spectrum with a statement in which she denied that her actions constituted harassment but admitted to calling Client 1 "Honey Bunny" and "sexy" and to "touching her on the knee" while asking the patient to "uncross her legs." Defs.' Mot. at Ex. 5, Dkt. 11-7 at 2-3.
Deppner filed a Charge of Discrimination with the Equal Employment Opportunity Commission on October 25, 2016. Dkt. 11-13 at 2. When asked the basis for the alleged discrimination, she checked the boxes for "Race," "National Origin," and "Other" (specifying "Discriminatory Discipline"). Id. She did not check the box for "Retaliation." Id. In the sworn Statement of Particulars accompanying the charge, Deppner described her interactions with *183Client 1 and Client 2, and Spectrum's investigation of their complaints. Id. at 3-5. Deppner alleged that Spectrum suspended her without pay and "threatened to terminate [her] if similar conduct occurred again." Id. at 5. Deppner further explained she "fell out of communication with Spectrum" and was told by Huling that her position had changed to "PRN duty," meaning "Spectrum could assign her to work wherever there [wa]s a need and a vacancy appeared, if she was prepared to work." Id. at 6. From this, Deppner "concluded that she was terminated from her employment as reprisal to her complaint of Bed Bugs." Id. And she "believe[d] that Spectrum took this action because of her national origin, Filipino." Id.
Deppner filed this case in June 2017, asserting the following counts against Spectrum:
• Count I: National origin discrimination and hostile environment harassment under Title VII
• Count II: National origin discrimination and hostile environment harassment under the DCHRA
• Count III: Retaliation under Title VII
• Count IV: Retaliation under the DCHRA
In addition, Deppner brought the following count against Huling in his individual capacity:
• Count V: National origin discrimination, reprisal, and hostile environment harassment under the DCHRA
The defendants filed a joint Motion to Dismiss or, in the Alternative, Motion for Summary Judgment. They argue that Deppner failed to exhaust administrative remedies as to her hostile work environment and retaliation claims, that Deppner failed to state a claim upon which relief can be granted as to all claims, and that Deppner failed to satisfy the pleading requirements of Federal Rule of Civil Procedure 8(a)(2), Bell Atl. Corp. v. Twombly ,
II. LEGAL STANDARDS
Rule 12(b)(6) of the Federal Rules of Civil Procedure allows a defendant to move to dismiss the complaint for failure to state a claim upon which relief can be granted. Fed. R. Civ. P. 12(b)(6). To survive a Rule 12(b)(6) motion, a complaint must contain factual matter sufficient to "state a claim to relief that is plausible on its face." Bell Atl. Corp. ,
A motion to dismiss Title VII claims for failure to exhaust administrative remedies is properly analyzed under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Jones v. Bush ,
*184Okusami v. Psychiatric Inst. of Wash., Inc. ,
When deciding a Rule 12(b)(6) motion, the court may consider only the complaint itself, documents attached to the complaint, documents incorporated by reference in the complaint, and judicially noticeable materials. EEOC v. St. Francis Xavier Parochial Sch. ,
A court grants summary judgment if the moving party "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 also Anderson v. Liberty Lobby, Inc. ,
III. ANALYSIS
Before the Court is defendants' motion to dismiss or, in the alternative, for summary judgment. Because the Court may dispose of Deppner's Title VII hostile work environment and retaliation claims by reviewing only her amended complaint and EEOC documents, the Court treats the motion as a motion to dismiss with respect to those claims. But because both parties have attached materials relevant to Deppner's Title VII national origin discrimination claim against Spectrum, the Court will treat the motion as a motion for summary judgment with respect to that claim. See Zuver v. Sprigg , No. CV 16-2505 (DLF),
*185A. Exhaustion of Deppner's Hostile Work Environment and Retaliation Claims Under Title VII
Defendants first argue that Deppner failed to exhaust administrative remedies as required by Title VII. The Court agrees.
"Title VII complainants must timely exhaust their administrative remedies before bringing their claims to court." Payne v. Salazar ,
"A Title VII lawsuit following the EEOC charge is limited in scope to claims that are like or reasonably related to the allegations of the charge and growing out of such allegations." Park ,
Defendants do not dispute that Deppner has exhausted a claim based on national origin discrimination. But her EEOC charge cannot be stretched to include a claim for harassment or retaliation.
1. Hostile Work Environment
Deppner never once mentioned "harassment" or a "hostile work environment" to the EEOC. See Dkt. 11-13. Rather, she focused on a single discrete event-termination-and her "belie[f] that Spectrum took this action because of her national origin, Filipino." Id. at 6-7.
A plaintiff raising a hostile work environment claim, however, must allege more than a discrete act. The plaintiff must show that the "workplace is permeat ed *186with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment." Vickers v. Powell ,
Further, the D.C. Circuit made clear in Park v. Howard that "[t]he bald statement that '[i]t is my belief that I was denied the opportunity for advancement in my career because of ... my national origin' ... cannot be read to encompass a hostile work environment claim" for purposes of exhaustion.
2. Retaliation
Deppner likewise failed to exhaust her retaliation claim. The only possible basis for construing Deppner's EEOC charge to encompass retaliation is a single line in which Deppner asserts she "was terminated from her employment as reprisal to her complaint of Bed Bugs." Dkt. 11-13 at 6. But that lone reference to "reprisal" could not have exhausted a retaliation claim. For one, Deppner was explicitly asked to provide the basis for her claim, and she checked the boxes for "race" and "national origin" while leaving unchecked the box for "retaliation." Id. at 2. More fundamentally, Deppner never alleged "reprisal" for protected activity , as required by Title VII. See Broderick v. Donaldson ,
B. Deppner's National Origin Discrimination Claim
Title VII of the Civil Rights Act of 1964 makes it "an unlawful employment practice for an employer ... to discriminate against any individual with respect his compensation, terms, conditions, or privileges of employment, because of such individual's race ... or national origin." 42 U.S.C. § 2000e-2(a)(1). An employee can prove unlawful discrimination with either direct or indirect evidence. An employee has direct evidence of unlawful discrimination if, for example, the employer "overtly refer[s]" to the employee's protected trait when making an unfavorable employment decision. Price Waterhouse v. Hopkins ,
Deppner has not provided direct evidence of discrimination but instead points to the circumstances surrounding her suspension and eventual departure from Spectrum. Defendants challenge Deppner's prima facie case on multiple grounds.
Defendants' non-discriminatory reason for disciplining Deppner is straightforward: Spectrum received complaints from two patients about Deppner's behavior, and Deppner admitted in writing to "the most egregious" of the patients' accusations. Defs.' Reply at 13. To demonstrate that reason, Spectrum has attached copies of both patients' complaints, Dkt. 11-3, 11-4, a declaration by Huling, Dkt. 11-5, a series of emails and letters exchanged between Huling and Deppner, Dkt. 11-6, 11-7, 11-9, 11-11, 11-12, an Employee Corrective Counseling Form, Dkt. 11-8, and Deppner's response to that form, Dkt. 11-10.
Those documents clearly establish that Spectrum disciplined Deppner because of the complaints it received from Client 1 and Client 2. The Employee Corrective Counseling Form sent to Deppner is particularly revealing. In it, Spectrum explains that Client 1 complained about Deppner's use of the words "Honey Bunny" and "sexy" and the fact Deppner "touched her leg in a way that made the patient feel uncomfortable." Dkt. 11-8 at 2. Spectrum also explains that Client 2 complained that she felt "embarrassed" when Deppner "insisted upon utilizing a small blood pressure cuff," that she felt "uncomfortable" with being called "pretty," and that she "felt like she received a lecture" regarding issues "unrelated" to the purpose of her visit. Id. at 3. To rectify the issues raised in the patients' complaints, Spectrum required Deppner to take certain "action steps for improvement." Id. Those steps consisted of reviewing Spectrum's Behavior, Conduct, and Performance Guidelines, reviewing Spectrum's policy on Employee and Workplace Harassment, and refraining from treating "unrelated issues or providing unsolicited opinions" in the future. Id. If Deppner failed to take those steps, her dismissal would be "recommended." Id.
Deppner admits to nearly all of these facts: that she treated Clients 1 and 2 on April 27, Am. Compl. ¶¶ 9, 11, 13; that she called Client 1 "Honey Bunny" and "sexy," id. ¶ 11; that she "touched Client 1's knee", id. ; that Client 1 filed a complaint stating Deppner's use of the words "Honey Bunny" and "Sexy" made her feel uncomfortable and "amounted to 'sexual [sic] harassment," id. ¶ 12; that Deppner used a small blood pressure cuff on Client 2 before switching to a larger one, id. ¶ 13; that Deppner called Client 2 "pretty," id. ; that Client 2 responded "angrily" when Deppner provided unsolicited advice, id. ; that Client 2 filed a complaint describing Deppner's treatment as "demeaning and harassing," id ; that Spectrum reviewed the April 27 incidents and concluded Deppner's conduct was "inappropriate, unprofessional and harassing," id. ¶ 14; that Huling informed Deppner she would be suspended without pay pending the results of an internal investigation, id. ; and that Spectrum ultimately concluded Deppner's actions violated its policy on workplace harassment, id.
*189Deppner adds merely one twist: that despite all those facts, she "believes" Spectrum really disciplined her "because of her national origin, Filipino." Id. ¶ 33. To support that allegation, Deppner provides two affidavits: her own and that of a co-worker, Karyn Miller. See Dkt. 21, 22 (redacted versions supplied by defendants with permission of the Court). Deppner's affidavit, however, contradicts her own complaint. She asserts that she doesn't "recall referring to [Client 1] as being sexy," Dkt. 21 ¶ 5, and that she "believe[s] Spectrum manufactured [the two patients'] complaints" as punishment for "complaining to the Veteran's Administration about bed bug infestation," id. ¶ 11. But even if Spectrum had "manufactured" the complaints for this purpose, it would not make a difference. "[A] plaintiff cannot survive summary judgment merely by showing that the employer was motivated by a different nondiscriminatory reason"-like complaining about bed bugs. Moses v. Kerry ,
Miller's affidavit fares no better. It explains that Miller was the "charge nurse" at Potomac Education Center on April 27, Dkt. 22 ¶ 1, that neither Client 1 nor Client 2 complained to her about the treatment they received, id. ¶ 5, and that such complaints would "[n]ormally" be made to her so that she could "address concerns at the lowest level and promptly," id. ¶ 7. She further explains that she never heard anything from Spectrum regarding the complaints. Id. ¶ 6. And she states her "opinion" that "Deppner did not engage in inappropriate communications or contact with the two patients." Id. ¶ 9. Presumably, Miller's testimony is meant to show two things: first , that the complaints never existed; and second , that Deppner acted appropriately on April 27. But it fails at the first, and the second is irrelevant.
First, Deppner herself alleged that both Clients filed complaints about her performance, Am. Compl. ¶¶ 12, 13, and that Spectrum "conducted a review of these incidents and concluded that Ms. Deppner's conduct was inappropriate, unprofessional and harassing," ¶ 14. But even if that were not the case, Miller's testimony that patients "[n]ormally" complain to her instead of Spectrum is not nearly enough to rebut defendants' evidence. Defendants have provided, among other things, purported copies of the patients' actual complaints, see Dkt. 11-3, 11-4, and two written statements (whose authenticity is undisputed) in which Deppner confirms the critical details of April 27 and objects only to the characterization of her conduct as improper, see Dkt. 11-7 at 2-4; Dkt. 11-10 at 5-6. In a letter to Huling, Deppner says that she "suspected that [she] would receive feedback from these 2 patients, because they were obviously upset." Dkt. 11-7 at 2. And in her response to the corrective counseling form, she does not challenge any of the "Facts and Events" recounted by Spectrum but only Spectrum's "one sided" focus "on the statements of the 2 patients." Dkt. 11-10 at 5. In light of Deppner's own written statements admitting to the conduct for which she was disciplined and predicting and acknowledging the patients' complaints, Miller's affidavit could not lead a reasonable juror to conclude that those complaints were "manufactured" as a pretext for discrimination.
Second, Miller's "opinion" about Deppner's conduct is irrelevant because *190"[t]he question is not whether the underlying sexual harassment incident occurred; rather, the issue is whether the employer honestly and reasonably believed that the underlying sexual harassment incident occurred." Brady ,
To be sure, a Title VII plaintiff has "multiple ways to show that the employer's stated reason for the employment action was not the actual reason."
C. Deppner's DCHRA Claims
The only remaining counts are Deppner's DCHRA claims against both defendants. The Court has an "affirmative obligation" to consider its own jurisdiction, James Madison Ltd. v. Ludwig ,
When this case began, the Court had supplemental jurisdiction over Deppner's D.C. claims because they derived from the same "nucleus of operative fact" as her federal claims. United Mine Workers v. Gibbs ,
*191(dismissing all federal claims and declining to exercise supplemental jurisdiction over remaining state-law claims).
In exercising that discretion, courts consider "judicial economy, convenience and fairness to litigants." United Mine Workers ,
In this case, the factors weigh against retaining Deppner's state-law claims. The case has not progressed beyond defendants' first motion, and the Court has not developed any familiarity with Deppner's state-law claims. Moreover, Deppner will not be prejudiced in any way by dismissal. As the Supreme Court recently recognized-specifically in the context of District proceedings- § 1367(d)'s tolling provision not only provides for a thirty-day grace period for refiling in state court after dismissal; it also stops the clock on any otherwise-applicable limitations period during the pendency of the federal-court suit. See Artis v. District of Columbia , --- U.S. ----,
CONCLUSION
For the foregoing reasons, the Court grants defendants' Motion to Dismiss Count I to the extent it advances a harassment or hostile work environment claim. The Court grants defendants' Motion to Dismiss Count III. The Court grants defendants' Motion for Summary Judgment regarding Count I. And the Court dismisses Counts II, IV, and V for lack of subject-matter jurisdiction. A separate order consistent with this decision accompanies this memorandum opinion.
The Court treats this motion as a motion for summary judgment with respect to Deppner's national origin discrimination claim under Title VII and as a motion to dismiss with respect to all other claims. Because the Court in resolving a motion to dismiss must treat plaintiff's "factual allegations as true and must grant the plaintiff the benefit of all inferences that can be derived from the facts alleged," Ctr. for Responsible Sci. v. Gottlieb ,
During this conversation, Deppner also told Huling she overheard two nurses-her "friends"-talking about her in the "Jamaican language." Am. Compl. ¶ 24. One of them (apparently switching to English) referred to her as a "Filipino doll."
To protect the patients' privacy, the Court adopts plaintiff's convention of referring to them as Client 1 and Client 2.
The copy of Deppner's statement furnished by defendants is appropriately considered regardless of whether the Court treats the motion as a motion for summary judgment or a motion to dismiss. "[T]he court may consider a document supplied by defendant in a motion to dismiss if 'the complaint necessarily relies' on the document and when ... there is no genuine dispute that the document is what 'its proponent claims.' " George v. Bank of America N.A. ,
Deppner argues that summary judgment is inappropriate because she "has not had an opportunity to engage in discovery ... and has not presented any evidence." Pl.'s Opp'n at 6, Dkt. 13. But the Court disagrees. "The decision to convert a motion to dismiss into a motion for summary judgment ... is committed to the sound discretion of the trial court." Flynn v. Tiede-Zoeller, Inc. ,
Specifically, they argue that Deppner has failed to allege satisfactory performance and adverse employment action and that her complaint does not meet the "plausibility" requirement of Iqbal and Twombly . See Defs.' Mot. at 10-12, 16-17.
Defendants primarily discuss Spectrum's non-discriminatory reason as a challenge to Deppner's prima facie case, arguing that she failed to allege that "her job performance was satisfactory." Defs.' Mot. at 10. Satisfactory performance, however, is not a necessary element of national origin discrimination. See Stella v. Mineta ,
Reference
- Full Case Name
- Estrella DEPPNER v. SPECTRUM HEALTH CARE RESOURCES, INC.
- Cited By
- 24 cases
- Status
- Published