Ptasznik v. St. Joseph Hosp.

• Decision Date: 21 September 2006
• Docket Number: No. 05-2687.,05-2687.
• Citation: 464 F.3d 691
• Parties: Grace PTASZNIK, Plaintiff-Appellant, v. ST. JOSEPH HOSPITAL and Resurrection Health Care, Defendants-Appellees.
• Court: U.S. Court of Appeals — Seventh Circuit

464 F.3d 691

Grace PTASZNIK, Plaintiff-Appellant, v. ST. JOSEPH HOSPITAL and Resurrection Health Care, Defendants-Appellees.

No. 05-2687.

United States Court of Appeals, Seventh Circuit.

Argued June 1, 2006.

Decided September 21, 2006.

Noelle C. Brennan, Ines M. Monte (argued), Brennan & Monte, Chicago, IL, for Plaintiff-Appellant.

Michelle K. Mellinger (argued), Seyfarth & Shaw, Chicago, IL, for Defendants-Appellees.

Before FLAUM, Chief Judge, and WILLIAMS and SYKES, Circuit Judges.

WILLIAMS, Circuit Judge.

In this employment discrimination lawsuit, Grace Ptasznik, who is a Polish immigrant, was terminated from her job as a sleep technician at St. Joseph Hospital for allegedly failing to follow protocol while attending to a patient. Ptasznik sued St. Joseph and Resurrection Health Care, a network of healthcare providers that includes the hospital, claiming she was subjected to age discrimination, national origin discrimination, and a hostile work environment. Ptasznik sought federal relief pursuant to the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. § 621 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981. Ptasznik also asserted a state law claim against the defendants for defamation.

St. Joseph Hospital and Resurrection Healthcare filed a motion for summary judgment on all claims, and Ptasznik filed a partial cross-motion for summary judgment on her defamation claim. The district court granted summary judgment to the defendants on all of Ptasznik's claims, and she now appeals.¹ Because Ptasznik has failed to create a triable issue of fact as to whether her employer discriminated against or defamed her, we affirm the judgment of the district court.

I. BACKGROUND

The following facts are recited in the light most favorable to Ptasznik, who was the non-moving party for purposes of summary judgment: Grace Ptasznik, a fifty-one year old Polish immigrant, began working as a sleep technician at the St. Joseph Hospital sleep center in 2001. The hospital's sleep center, which is located in Chicago, Illinois, is a research facility that conducts sleep studies to determine whether patients suffer from sleep disorders. Elena Kurth was the Director of Rehabilitation Services and the manager of the Sleep Center. Dr. Joanne Kirby was responsible for clinical oversight of the St. Joseph Sleep Center, as well as reviewing and interpreting sleep studies performed by the technicians. Sara Piekielny served as Director of Human Resources throughout Ptasznik's tenure at St. Joseph.

When she started her job, Ptasznik initially reported to Elena Kurth. In May 2002, Gina Ogunseye was promoted and became Ptasznik's immediate supervisor. According to Ptasznik, Ogunseye made repeated harassing references to her national origin and age. For instance, in November 2002, Ogunseye told Ptasznik "you're old, you're Polish, and you're stupid." On another occasion, in January 2003, Ogunseye allegedly told Ptasznik that she would be better suited as a cleaning lady. Ptasznik also alleges that at other unspecified times her supervisor made disparaging comments about her age and Polish ancestry.

Ptasznik was ultimately terminated from her job, allegedly for improperly performing a sleep study. During a sleep study, a technician monitors the sleeping patient's vital statistics by attaching sensors or electrodes to the patient; these sensors are then connected to a computer that monitors the patient's heart rate and oxygen levels. Ptasznik does not dispute that she received a copy of the hospital's "Protocol for Record Documentation," which instructs sleep technicians to document the computer-generated data every 30 to 45 minutes during the study. If there are any discrepancies in the data, the hospital's protocol requires the technician to document and investigate the problem and, in some instances, notify the sleep center director or a hospital physician. If a patient's blood oxygen level registers at 89% or below, known as a "desaturation," the technician must first verify that the sensor readings are accurate and then add oxygen by applying continuous positive air pressure ("CPAP"). If blood oxygen levels do not improve, the technician must inform the director or a physician. If a study ends early, the technician is required to document the reason for terminating the study.

On January 24, 2003, Ptasznik conducted a sleep study on a patient to determine if the patient suffered from a sleep disorder. At some point during the study, the patient experienced trouble breathing, and Ptasznik made the following entry on her "Tech Impression Sheet":

Patient's nose blocked. She states to have nose surgery years ago. Patient says she has allergy, also. Patient can't close her mouth for longer than minute or two because she can't breathe. Mouth open when CPAP. Patient asked for stronger air and she wanted to try. She desaturated. I didn't add oxygen because she is having severe apnea and can't get mouth closed for CPAP. So I didn't enter 02 for that reason.²

Ptasznik also noted on her tech impression sheet that she observed the patient's oxygen level drop to 43% and to 47%, and she noted that the patient experienced "steady low desaturations." At some point during the study, Ptasznik applied a CPAP to the patient, but subsequently removed it when the patient reported being unable to breathe. After the failed attempt to administer the CPAP, Ptasznik terminated the study and stopped recording entries for the patient in her log. Over the course of the eight hour study, Ptasznik documented the patient's oxygen levels on three occasions. Ptasznik did not contact a doctor during or after the study, and she did not document a reason for ending the study early.

On February 7, 2003, Ogunseye, Kurth and Kirby met with Ptasznik to discuss the January 24 sleep study. Regarding the inconsistencies between the desaturation data and her apparent failure to respond to the computer-generated readings properly, Ptasznik stated that she did not observe oxygen levels as low as 40-50% and, therefore, did not deem it necessary to recheck the accuracy of the sensors connected to the patient.³ Ptasznik also stated that she did not continue to apply oxygen because of the patient's intolerance for CPAP. After the meeting, Ogunseye, Kurth, Kirby and Piekielny collectively decided to terminate Ptasznik for endangering the patient during the January 24 sleep study. Ptasznik unsuccessfully appealed her termination through the hospital's grievance process. She also sought unemployment benefits, and her supervisors testified at the benefits hearing that Ptasznik was terminated for placing the patient at a critical risk of harm. After Ptasznik's discharge, a 30-year-old Caucasian man who had worked part-time as a sleep technician was hired full-time in the sleep center; a 31-year-old African-American woman was also shifted from part-time to full-time work.

Ptasnik filed suit against St. Joseph Hospital and Resurrection Healthcare, claiming she was subjected to age and national origin discrimination, a hostile work environment, and defamation. The United States District Court for the Northern District of Illinois granted summary judgment to the defendants. This timely appeal followed.

II. ANALYSIS

We review the district court's judgment de novo, Ashman v. Barrows, 438 F.3d 781, 784 (7th Cir.2006), and conclude that Ptasznik has failed to create a material, triable issue of fact to survive summary judgment. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits, show that there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). If the moving party meets this burden, the nonmoving party must then go beyond the pleadings and set forth specific facts showing that there is a genuine issue for trial. Fed.R.Civ.P. 56(e); Becker v. Tenenbaum-Hill Assocs., Inc., 914 F.2d 107, 110 (7th Cir.1990). The existence of merely a scintilla of evidence in support of the nonmoving party's position is insufficient; there must be evidence on which the jury could reasonably find for the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

A. Ptasznik's Age and National Origin Discrimination Claims

Ptasznik contends that her age and national origin were impermissible motivating factors in the hospital's decision to terminate her in violation of the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. § 621 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981.⁴ Ptasznik may establish her discrimination claims using either the direct or indirect methods of proof, Scaife v. Cook County, 446 F.3d 735, 739 (7th Cir. 2006); she has failed to do so under either method.

First, under the direct method, Ptasznik must put forth evidence that her employer's decision to terminate her had a discriminatory motivation. Raymond v. Ameritech Corp., 442 F.3d 600, 610 (7th Cir. 2006); Rudin v. Lincoln Land Cmty. Coll., 420 F.3d 712, 720 (7th Cir.2005). She may do so under the direct method by providing direct evidence, such as an "outright admission" of discrimination, Cardoso v. Robert Bosch Corp., 427 F.3d 429, 432 (7th Cir.2005), or by presenting sufficient circumstantial evidence. See Jordan v. City of Gary, 396 F.3d 825, 832 (7th Cir.2005) (internal citations omitted). But such circumstantial evidence must point directly to a discriminatory reason for the termination decision. See Cerutti v. BASF Corp., 349 F.3d 1055, 1063 (7th Cir.2003) (statements regarding plaintiff's age did not form a convincing mosaic of circumstantial evidence sufficient to prevail under direct method where the...