Caldwell v. Correct Care Solutions, LLC, Civil Action No.: 3:13-cv-1202-CMC-TER
| Decision Date | 27 May 2015 |
| Docket Number | Civil Action No.: 3:13-cv-1202-CMC-TER |
| Court | U.S. District Court — District of South Carolina |
| Parties | PAMELA CALDWELL, Plaintiff, v. CORRECT CARE SOLUTIONS, LLC, Defendant. |
This is an employment case. Plaintiff alleges Defendant failed to accommodate her, discriminated against her, and retaliated against her in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, et seq. At the time this action was filed, Plaintiff was represented by counsel. During the pendency of this case, one of the attorneys of record for Plaintiff passed away and the remaining attorney of record moved to be relieved as counsel. The motion was granted and the undersigned stayed the scheduling order deadlines for thirty days to allow Plaintiff to seek new counsel. Plaintiff has chosen to proceed pro se.
On September 26, 2014, Defendant filed its Motion for Summary Judgment (Document # 54). Because she is proceeding pro se, she was advised pursuant to Roseboro v. Garrison, 528 F.3d 309 (4th Cir. 1975), that a failure to respond to Defendant's motion could result in the motion being granted. Plaintiff did not file a response to Defendant's motion, but filed her own Motion for Summary Judgment (Document # 62).1 All pretrial proceedings in this case were referred to theundersigned pursuant to the provisions of 28 U.S.C. § 636(b)(1)(A) and (B) and Local Rule 73.02(B)(2)(g), DSC. This report and recommendation is entered for review by the district judge.
Plaintiff was diagnosed with Multiple Sclerosis (MS) in November 2004. See Compl., ¶ 5. Plaintiff has relapsing and remitting MS, which means sometimes she has relapses or flare-ups of symptoms followed by periods of either partial or complete recovery. Pl. Dep. 92. Correct Care first hired Plaintiff as a Health Services Administrator at its Charleston County Detention Center site in April 2005 at a salary of $65,000 per year. Pl. Dep.156; Pl. Dep. Ex. 8. At some point in 2005, Plaintiff notified Executive Vice President John Bosch she had MS. Pl. Dep. 89-90; Bosch Decl. ¶ 2. As a Health Services Administrator, Plaintiff's responsibilities included, but were not limited to, establishing the appropriate processes and protocols to ensure Correct Care provided appropriate care to inmates in her assigned facility and managing the medical, dental, and mental health program's activities. Pl. Dep. pp. 152, 156; Pl. Dep. Exs. 5, 8. Correct Care terminated Plaintiff's employment on January 15, 2007, but only because its contract to provide medical services to inmates housed at the Charleston County Detention Center ended. Pl. Dep. pp. 90, 160; Pl. Dep. Ex. 11.
Plaintiff testified that in September 2007, Bosch, Jerry Boyle, Chairman and Chief Executive Officer of Correct Care, and Patrick Cummiskey, Director of Marketing at the time of the events at issue here2, asked her to come back to work at Correct Care's Richland County facility, the AlvinS. Glenn Detention Center (ASGDC) and told her that Correct Care would "work with [her] illness." Pl. Dep. 46. Correct Care rehired Plaintiff as a Health Services Administrator at ASGDC on November 1, 2007, at a salary of $80,000 per year. Pl. Dep. 163; Pl. Dep. Ex. 13. Plaintiff commuted back and forth from her home in Charleston to ASGDC in Columbia daily. Pl. Dep. 124. During Plaintiff's tenure at ASGDC, Kathy Harrell was the Assistant Director of the facility.3 Pl. Dep. 41. At some point in 2008, Harrell informed Plaintiff she needed to be in the office at 8:00 a.m. every day. Pl. Dep. 42; Harrell Decl. ¶ 7.
Correct Care's contract with Richland County requires both a physician and the Health Services Administrator to be on-site forty (40) hours each week. Pl. Dep. 59, 82. If these contract terms are not met, Correct Care's client, Richland County, can terminate the contract. Bosch Decl. ¶ 7; Tigges Decl. ¶ 4.
On October 1, 2008, Bosch approved Plaintiff's promotion to the position of Regional Manager and a corresponding increase in her salary to $87,500 per year. Pl. Dep. Ex. 21. Six months later, Plaintiff returned to the position of Health Services Administrator on April 1, 2009, under the supervision of Regional Manager Todd Schwartz.4 However, Plaintiff's salary remained $87,500 per year. Pl. Dep. 111; Pl. Dep. Ex. 21. Plaintiff received a merit increase to a salary of $90,125 per year on September 28, 2009. Pl. Dep. Ex. 21. Upon Schwartz's resignation from employment, Bosch supervised Plaintiff. Pl. Dep. 31. Plaintiff applied for the open Regional Manager position in March of 2011, but Bosch told her "as a friend, I don't think you can do the traveling for the [Regional Manager] position." Pl. Dep. 22, 24. Correct Care selected Nancy Tigges to be theRegional Manager in May of 2011. Pl. Dep. 31; Bosch Decl. ¶ 11.
Plaintiff requested and was granted FMLA leave several times during the course of her employment with Correct Care. Correct Care granted Plaintiff's request for FMLA leave for her own medical conditions (inflamed liver and MS) in October 2009. Pl. Dep. 213-214; Pl. Dep. Ex. 30. In 2010, Correct Care granted Plaintiff's request for FMLA leave to care for her mother. Pl. Dep.215; Pl. Dep. Ex. 31. Plaintiff applied for, and Correct Care granted, an additional request for FMLA leave from September 6, 2011 - September 13, 2011. Pl. Dep. 65-66, 177, 216; Pl. Dep. Ex. 21 (DEF 0194-0195).5
In June of 2011, Plaintiff asked Bosch to adjust her start time to 9:00 a.m. on Monday mornings because she needed additional time to get up, get dressed and drive from Charleston to Columbia. Pl. Dep. 76, 103. She needed the extra time only on Mondays. Pl. Dep. 76, 134-35. Bosch told Plaintiff he would "talk to the client about it." Pl. Dep. 72-73. Plaintiff never gave Correct Care any notes from her doctor stating she needed additional time to get up, get dressed and drive from Charleston to Columbia. Pl. Dep. 104. After not hearing back from Bosch, Plaintiff spoke to Human Resources Coordinator Clair Creasey who suggested she apply for FMLA leave. Pl. Dep. 77. At Creasey's suggestion, Plaintiff applied for, and Correct Care approved, her first request for intermittent FMLA leave6 on June 20, 2011. Pl. Dep. 176-77; Pl. Dep. Ex. 21 (DEF0198-0199). Bosch told Plaintiff "you're killing me because you can't get your butt out of bed." Pl. Dep. 20-21. Correct Care approved Plaintiff's second request for intermittent FMLA leave on September 20, 2011. Pl. Dep. Ex. 21 (DEF 0190-0191).7 Correct Care granted Plaintiff FMLA leave each time she asked. Pl. Dep. 71.
Plaintiff felt that Bosch's comment was discriminatory and harassing. Pl. Dep. 22. Plaintiff talked to Regional Vice President Kim Palmer about her feeling, but does not remember telling Palmer about Bosch's comment. Pl. Dep. 22-23. Plaintiff told former Human Resources Director Mel Waymaster that Bosch needed employee interaction training, but did not report Bosch's alleged comments to Waymaster. Pl. Dep. 23-24. Plaintiff told Creasy that "[Bosch] is treating me differently because I'm having to take off for medical reasons." Pl. Dep. 113. She also told Cummiskey all "that [Bosch] was doing and how he was acting and how nasty he was being." Pl. Dep. 114. However, she does not remember whether she told Cummiskey that Bosch was doing these things because of her disability. Pl. Dep.114-115; Cummiskey Decl. ¶ 9. Plaintiff also asserts that she complained about Bosch to another Regional Manager named Wanda Streeter, but she cannot remember whether she told her that Bosch was mistreating her because of her medical condition. Pl. Dep. 115-117.
Plaintiff asserts that, in 2011, Correct Care was trying to find the "cheapest way" to provide health benefits to its employees. Pl. Dep. 54. Plaintiff testified that Cummiskey once stated abouta nurse with multiple health problems that "those are the ones we'd like to see on their husband's plans to assist us to keep our costs down." Pl. Dep. 54-55. Plaintiff admits Cummiskey's comment did not show any discriminatory attitude (either his or the Company's) toward her, and she did not report Cummiskey's comments to anyone at Correct Care. Pl. Dep. 56, 122-123.
In January of 2012, Harrell reported to Correct Care concerns about Plaintiff failing to provide coverage for a vacationing physician because Correct Care's contract with Richland County requires that a physician be available and on-site forty hours each week. Pl. Dep. 81-82; Harrell Decl. ¶¶ 4, 9-10; Boddie Decl. ¶¶ 4, 11. Correct Care requires the facility's physician or its Health Services Administrator to provide coverage when the facility's physician is going to be out on vacation or extended leave that would otherwise leave a site uncovered by a doctor. Palmer Dep. 24-26. If a relief physician is not available for a particular facility, Correct Care can provide doctors who work out of the company's home office in Nashville, Tennessee. Palmer Dep. 24-26. Correct Care also has a medical director and assistant medical director who can cover for any physician. Palmer Dep. 24-26.
In December 2011, ASGDC's physician, Dr. Yates, was scheduled to be on vacation for a few days. Pl. Dep. 81, 86. It was Plaintiff's job to ensure ASGDC had physician coverage for forty hours per week. Pl. Dep. 85. Plaintiff testified that Dr. Miles, the physician for the Lexington County Detention Center, was the only physician available to provide coverage. Pl. Dep. 130. Plaintiff arranged with Dr. Miles to provide at least 24 hours of coverage while Dr. Yates was on vacation. Pl. Dep. 88. However, Dr. Miles did not show up to work on the first day he was to begin covering for Dr. Yates. Pl. Dep. 81. Plaintiff was at work on that day, but testified that "[n]obody told me that [Dr. Miles] did not show up." Pl. Dep. 81-82.
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