Center For Behavioral Health, Rhode Island, Inc. v. Barros

• Decision Date: 20 May 1998
• Docket Number: No. 96-320-MP,96-320-MP
• Citation: 710 A.2d 680
• Parties: 77 Fair Empl.Prac.Cas. (BNA) 81 CENTER FOR BEHAVIORAL HEALTH, RHODE ISLAND, INC. v. Judy L. BARROS et al.
• Court: Rhode Island Supreme Court

Page 680

710 A.2d 680

77 Fair Empl.Prac.Cas. (BNA) 81

CENTER FOR BEHAVIORAL HEALTH, RHODE ISLAND, INC. v. Judy L. BARROS et al.

No. 96-320-MP.

Supreme Court of Rhode Island.

May 20, 1998.

Stephen C. Mackie, Providence, for Plaintiff.

Miriam Weizenbaum, Pawtucket, Amato A. DeLuca, Providence, Thomas J. Fay, Cynthia M. Hiatt, Providence/Christopher M. Mulhearn, Lynette J. Labinger, Providence, for Defendant.

Before WEISBERGER, C.J., and LEDERBERG, FLANDERS and GOLDBERG, JJ.

OPINION

GOLDBERG, Justice.

This case is before the Court on the petition of the Center for Behavioral Health, Rhode Island, Inc. (CBH or the center), for certiorari. The center seeks review of a judgment of the Superior Court affirming a decision of the Rhode Island Commission for Human Rights (commission), which determined that CBH had engaged in discriminatory employment practices against Judy L. Barros (Barros), in violation of G.L.1956 § 28-5-7. For the reasons set forth below, we affirm the Superior Court judgment and dismiss CBH's petition.

I Facts and Travel

Barros is a licensed practical nurse who had approximately twelve years' experience at the time she was hired by CBH, a methadone treatment clinic, in August of 1989. Barros was hired to fill the position of dispensary nurse, and her responsibilities included dispensing medication and collecting urine samples. As a condition of her employment Barros was required to complete CBH's standard three-month probationary term, which she did successfully. In November of 1989 and August of 1990, Barros received written evaluations in which her performance was rated "meets expectations" or "exceeds expectations" in every category. Specifically in the 1989 evaluation, Cheryl Hopkins (Hopkins), Barros' immediate supervisor, remarked that Barros was "a thoughtful, conscientious worker who shows an excellent rapport with both staff and clients." In the 1990 evaluation Hopkins further observed that Barros "is pleasant and conscientious, enjoying a good relationship with both staff and clients * * *. A pleasure to work with."

In the fall of 1990 CBH moved to a new location where it experienced a reduction in the number of its clients. As result CBH shifted the responsibilities of its entire staff. Hopkins, who had been assigned to dispensing medication with Barros, was removed from performing those duties, and Barros became solely responsible for dispensing the medication at the clinic. In conjunction with this increase in workload, Barros was awarded a pay increase in the amount of $0.25 per hour. Barros complained about the size of her pay increase to Hopkins and R. Ladd Underwood (Underwood), the Clinical Director of CBH. Underwood agreed to consult with the board of directors about an additional raise. Thereafter, Underwood informed Barros that the board had denied her request for an increase in compensation.

In February of 1991 Barros informed both Hopkins and Underwood that she was pregnant and due in September of 1991. Barros inquired about CBH's maternity-leave policy and was told by Underwood that he was not aware of what the policy was but that he would find out and let her know. Underwood then asked when Barros would be returning to work following the birth of her child, to which question Barros replied that she could not presently provide him with any definitive answers. Approximately three weeks later, Underwood posed the same question to Barros, who was still unable to give him a specific date of return. She did indicate, however, that she intended to return to work at some point after the birth of her child. At no time was Barros ever informed by anyone of CBH's maternity-leave policies.

On April 15, 1991, Barros' brother was scheduled to appear for a bail hearing. Barros states that she learned the evening before that her presence would be required at the hearing and as a result she attempted to contact Hopkins to inform her that she would not be at work the next day. According to Barros, Hopkins' answering machine came on but Barros was not sure that it was working properly. In any event Barros maintains that she left a message and then called Underwood at home and spoke to him personally to ensure that the CBH staff was made aware of her anticipated absence.

Barros returned to work the day after the bail hearing and was called by Underwood into his office and told that her services at the clinic would no longer be needed. When Barros asked why she was being terminated, she was told by Underwood that she had a bad attitude, that she had difficulty getting along with the other members of the staff, and that contrary to Barros' prior assertions Hopkins had not received a message about her intended absence the day before.

On November 29, 1991, Barros filed a charge against CBH with the commission, alleging that CBH had discriminated against her with respect to the terms and conditions of her employment and had terminated her because of race, color, and sex in violation of § 28-5-7. The commission conducted an investigation and concluded that no probable cause existed to support the allegation that in terminating Barros, CBH had been motivated by race or color. The commission did find, however, probable cause to believe the allegations that CBH had discriminated against Barros on the basis of sex. Accordingly a notice of hearing and complaint issued on February 10, 1993. ¹

The hearings were conducted on August 30, 1993, and on October 20, 1993, at which time Hopkins and Underwood testified on behalf of CBH. Hopkins indicated that after Barros' raise was denied, she noticed a change in Barros' performance. According to Hopkins, Barros became unresponsive such that beginning in September of 1990, Hopkins made written notations regarding the difficulties she was having with Barros, including her reading the newspaper during work hours, presigning dosage cards, coming to work late, and failing to supervise urine screenings. Hopkins testified that she spoke with Barros on several occasions regarding these issues and that on two other occasions both Hopkins and Underwood met with Barros to discuss her job performance. Hopkins further testified that although she was home the night Barros allegedly phoned her to notify her of the impending absence, she never received any messages.

Hopkins admitted, however, that she never issued any written warnings to Barros because she thought Barros "had a possibility of changing her attitude." Hopkins testified that she was never consulted about the possibility of termination and was unaware that her superiors were contemplating it. The center's own employee manual was introduced at the hearing; it provides that "[i]f the employee's behavior, in the judgment of the employee's immediate supervisor and the Director, is of extreme severity, the Director will terminate employment of the employee." Hopkins conceded that she had no such discussions with Underwood.

When Underwood testified, he was asked about CBH employment policies and procedures. Underwood indicated that pursuant to the procedures outlined in the employee manual, the disciplinary actions are progressive in nature--an oral reprimand, which is the first warning that the behavior of an employee is unacceptable; written reprimand, which becomes a permanent part of the employee's file; probation, which is considered a severe warning issued in writing that explains clearly that action will be taken if certain deficiencies are not corrected within the probationary period; and finally suspension and termination. Underwood admitted that these incremental steps were not followed with respect to Barros but that in certain instances, such as this, he felt it was appropriate to proceed from oral warnings to termination. Furthermore, the employee manual mandates that when disciplinary action stronger than a warning is undertaken, the employee must be provided with written notice prior to enforcement that includes an announcement that an appeal of the action may be submitted in writing to the Director within five days. Underwood admitted that this policy was not followed with respect to Barros' termination.

Underwood further testified that after Barros had filed her claim, CBH created a report entitled "Documentation of Insubordination" consisting of notes compiled by himself and Hopkins. This report is the only documentation of Barros' alleged infractions. Neither Hopkins nor Underwood could produce the original notes and blamed that fact on a secretary, stating she destroyed them after she had typed the report. Furthermore, both Hopkins and Underwood admitted that they were not keeping notes of infractions with respect to other employees. Barros maintains that she was never given a copy of the "Documentation of Insubordination" or copies of the notes upon which the report purportedly was based.

On June 29, 1994, the commission entered its decision, concluding that "the respondent discriminated against the complainant because of her pregnancy." The commission found that Barros had presented sufficient evidence to establish a prima facie case of discrimination. The commission also found that CBH had met its burden by articulating legitimate, nondiscriminatory reasons for its actions, namely bad attitude, habitual tardiness, failure to perform duties, complaints by Barros about CBH to clients, and failure to notify her supervisor rather than the Director about an anticipated absence. Nevertheless, the commission ultimately found that the reasons offered were merely a pretext for discriminatory employment practices. The commission stated that in its consideration of CBH's past method of dealing with Barros' prior conduct, along with its own policies, it was not credible that the difficulties arising out of notification for an anticipated absence would prompt CBH to terminate Barros.

Pursuant to G.L.1956 § 42-35-15, CBH appealed the commission's decision to the Superior Court. Oral...