Duarte v. St. Barnabas Hosp.

• Citation: 265 F.Supp.3d 325
• Decision Date: 13 September 2017
• Docket Number: 15 Civ. 6824 (PGG)
• Parties: Ruth Rojas DUARTE, Plaintiff, v. ST. BARNABAS HOSPITAL, Defendant.
• Court: U.S. District Court — Southern District of New York

265 F.Supp.3d 325

Ruth Rojas DUARTE, Plaintiff,

v.ST. BARNABAS HOSPITAL, Defendant.

15 Civ. 6824 (PGG)

United States District Court, S.D. New York.

Signed September 13, 2017

Gabrielle Vinci, Megan Sarah Goddard, Nesenoff & Miltenberg. LLP, New York, NY, for Plaintiff.

James Stuart Frank, John Francis Fullerton, III, Adriana Stefanie Kosovych, Epstein Becker & Green, P.C., New York, NY, for Defendant.

MEMORANDUM OPINION & ORDER

PAUL G. GARDEPHE, U.S.D.J.:

Plaintiff Ruth Rojas Duarte brings this action against her former employer, St. Barnabas Hospital (the "Hospital"), pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e etseq. ; the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12101 etseq. ; the New York State Human Rights Law ("NYSHRL"), N.Y. Exec. Law §§ 290 etseq. ; the New York City Human Rights Law ("NYCHRL"), N.Y.C. Admin. Code § 8–101 etseq. ; New York Labor Law §§ 740 and 741 ; New York Labor Law §§ 190 etseq. ; the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201 etseq. ; and the Family and Medical Leave Act ("FMLA"), 29 U.S.C. §§ 2601 etseq. Plaintiff contends that the Hospital discriminated against her, and subjected her to a hostile work environment, based on her gender, race, national origin, and disability, and retaliated against her after she complained about this discrimination. (See Cmplt. (Dkt. No. 5)) Plaintiff also contends that the Hospital retaliated against her, in violation of the New York Whistleblower Law, N.Y. Labor Law §§ 740 and 741, after she complained to her supervisors about the Hospital's billing, treatment, and wage practices. (Id. ) Plaintiff further asserts that the Hospital interfered with her rights under the FMLA, and retaliated against her after she complained about this interference. Finally, Plaintiff claims that the Hospital violated the wage and overtime compensation provisions of the FLSA and New York Labor Law. (Id. )

Defendant has moved for summary judgment on all claims. (Notice of Motion (Dkt. No. 48)) For the reasons set forth below, Defendant's motion will be granted in part and denied in part.

BACKGROUND

I. FACTS ¹

A. The Parties

Defendant St. Barnabas Hospital is a not-for-profit community hospital located in the Bronx. The Hospital provides, inter alia, outpatient mental health services through the Fordham–Tremont Community Mental Health Center (the "Center"). (See Pltf. Resp. to Def. R. 56.1 Stmt. (Dkt. No. 54) ¶ 1)² The Center's Reverend David Casella Children's Services Program ("CSP") provides mental health and case management services to children and adolescents and their families. (Id. ) At all times relevant to this litigation, Edgardo Quinones—a Hispanic man—served as the Director of CSP, and Milagros Arce–Tomale—a Hispanic woman—served as the Assistant Director of CSP. (Id. ¶¶ 5–8)

Plaintiff Duarte is a Hispanic woman who has—from birth—suffered from a hearing disability in both of her ears. (See Def. R. 56.1 Appx., Ex. 1 (Pltf. Dep.) (Dkt. No. 49–2) at 50–52)³ Duarte has a master's degree in social work. From 2007 until her termination on August 6, 2014, Plaintiff was employed by the Hospital as a clinician in the CSP, providing mental health services, treatment, and therapy sessions to children and adolescents and their families. (Pltf. Resp. to Def. R. 56.1 Stmt. (Dkt. No. 54) ¶¶ 9, 16–17; Def. R. 56.1 Appx., Ex. 20 (Termination Notice) (Dkt. No. 49–22))

B. Plaintiff's Employment at St. Barnabas Hospital

1. Hiring and Job Responsibilities

Plaintiff was hired as a clinician in the CSP on July 9, 2007. (Pltf. Resp. to Def. R. 56.1 Stmt. (Dkt. No. 54) ¶ 9; Def. R. 56.1 Appx., Ex. 1 (Pltf. Dep.) (Dkt. No. 49–2) at 16–17) Arce–Tomale interviewed Plaintiff for the position, and Quinones reviewed her resume and work experience. (Pltf. Resp. to Def. R. 56.1 Stmt. (Dkt. No. 54) ¶ 10) Arce–Tomale and Quinones then jointly recommended to the Hospital's human resources department that Plaintiff be hired. (Id. ¶ 11) The terms and conditions of Plaintiff's employment were governed by a collective bargaining agreement between the Hospital and 1999 SEIU United Healthcare Workers East, which is the union that represents the Hospital's clinicians. (Id. ¶¶ 12–13)

As a clinician in the CSP, Plaintiff was assigned a caseload of child and adolescent patients and provided mental health services and treatment, including therapy sessions. (Id. ¶ 17) After a patient was referred to Plaintiff, she conducted an "intake," which includes an interview of the patient; an assessment of the patient's psychosocial condition, current mental status, and functioning (referred to as a "biopsychosocial"); a diagnosis; and a determination of the appropriate therapeutic services for that patient. (See id. ¶ 18; see also Def. R. 56.1 Appx., Ex. 1 (Pltf. Dep.) (Dkt. No. 49–2) at 17) Plaintiff then implemented a therapy program for that patient. (Pltf. Resp. to Def. R. 56.1 Stmt. (Dkt. No. 54) ¶ 19)

Depending on each patient's needs, Plaintiff provided individual therapy sessions, group therapy sessions, or family therapy sessions. (Def. R. 56.1 Appx., Ex. 2 (Quinones Dep.) (Dkt. No. 49–3) at 41–43; id., Ex. 3 (Arce–Tomale Dep.) (Dkt. No. 49–4) at 28) Plaintiff also provided "collateral sessions," during which she met with a patient's parent or guardian. (Id., Ex. 2 (Quinones Dep.) (Dkt. No. 49–3) at 44) Individual therapy sessions ran thirty minutes for Medicaid patients, and forty-five minutes for patients who had private insurance. (Id., Ex. 1 (Pltf. Dep.) (Dkt. No. 49–2) at 35; id., Ex. 2 (Quinones Dep.) (Dkt. No. 49–3) at 41) Family and group therapy sessions ran one hour, while "collateral sessions" lasted thirty minutes. (Id., Ex. 2 (Quinones Dep.) (Dkt. No. 49–3) at 42–44)

Plaintiff and the other clinicians in the CSP are given a weekly target for patient interactions, which is referred to as "levels of service." The weekly target is forty face-to-face patient contacts of at least thirty minutes each. (Pltf. Resp. to Def. R. 56.1 Stmt. (Dkt. No. 54) ¶ 21) Each patient present in a given therapy session—whether individual, family, or group—counts as one patient contact, and a collateral session with a patient's family member likewise counts as one patient contact. (Id. ¶ 22) To meet the target of forty patient contacts in a week, clinicians are expected to meet with eight patients per day. (See Def. R. 56.1 Appx., Ex. 2 (Quinones Dep.) (Dkt. No. 49–3) at 55; id., Ex. 3 (Arce–Tomale Dep.) (Dkt. No. 49–4) at 55–56) Because about one-third of patients do not appear for their scheduled appointment, clinicians are expected to schedule twelve patients per day. (Id., Ex. 2 (Quinones Dep.) (Dkt. No. 49–3) at 56) In the event that all twelve scheduled patients appear for their therapy session, clinicians are expected to meet with all twelve. (Id., Ex. 3 (Arce–Tomale Dep.) (Dkt. No. 49–4) at 63)

Clinicians must complete a progress note for every face-to-face encounter with a patient. (Pltf. Resp. to Def. R. 56.1 Stmt. (Dkt. No. 54) ¶ 28) A progress note is a detailed summary of a clinician's therapy session with a patient, and includes a description of the patient's response to the interaction and a treatment plan for the future. (Def. R. 56.1 Appx., Ex. 2 (Quinones Dep.) (Dkt. No. 49–3) at 57; id., Ex. 3 (Arce–Tomale Dep.) (Dkt. No. 49–4) at 27–28) Progress notes must also list the type of therapy session conducted, whether individual, group, or family. Clinicians must complete progress notes for each patient by noon on the day after the patient's therapy session, and have the notes reviewed and co-signed by a supervising clinician. (Pltf. Resp. to Def. R. 56.1 Stmt. (Dkt. No. 54) ¶¶ 30–33) The Hospital's billing department relies on the progress notes to obtain payment for the clinician's services. (Id. 129; Def. R. 56.1 Appx., Ex. 2 (Quinones Dep.) (Dkt. No. 49–3) at 100–102)

Every ninety days, clinicians must review and update the treatment plan for each of their patients and create a treatment plan review ("TPR"). (Pltf. Resp. to Def. R. 56.1 Stmt. (Dkt. No. 54) ¶ 34) A TPR contains a summary of the services provided and, based on the patient's progress, modifies goals and objectives for the patient. (See id.)

Clinicians must also attend weekly meetings with their supervising clinician. (Id. ¶ 36) At Plaintiff's weekly meetings with Arce–Tomale—her direct supervisor—the two discussed Plaintiff's patients, identified any patient issues or candidates for discharge, reviewed Plaintiff's progress towards meeting her weekly "levels of service" requirement, and reviewed Plaintiff's progress notes and TPRs. (Id. ) At the end of each meeting, Arce–Tomale prepared a summary of the meeting, which Plaintiff reviewed and signed. (Def. R. 56.1 Stmt. (Dkt. No. 49) ¶ 37)

2. Alleged Discrimination Against Plaintiff

Plaintiff contends that, throughout her employment at the Hospital, she was discriminated against on the basis of her gender, race, national origin, and disability.

a. Disability

Plaintiff has had difficulty hearing out of both her ears throughout her life. (See Def. R. 56.1 Appx., Ex. 1 (Pltf. Dep.) (Dkt. No. 49–2) at 50, 53) While employed at the Hospital, Plaintiff began to use an "amplifier," which is a "small device ... that sit[s] on a table," connects to the user's ears through headphones, and amplifies the sound of surrounding conversations. (Id. at 51–52) Plaintiff used an amplifier to assist her hearing "at the employee [staff] meetings, [during] ... sessions with her patients, or when she would [meet with] someone that spoke very low." (Id. ) According to Plaintiff, Quinones regularly commented on and ridiculed her hearing disability during staff meetings and other interactions. (See id. at 61–73)

For example, during weekly staff meetings, Quinones would ask, "Are you deaf? Are you deaf, Ruth?" Referring to Plaintiff's amplifier, Quinones would say, "[p]ut that thing on because you're deaf and you're not going to be able to hear what I...