Grice v. Jackson-Madison Cnty. Gen. Hosp. Dist.

• Decision Date: 05 November 2013
• Docket Number: No. 11–1363.,11–1363.
• Citation: 981 F.Supp.2d 719
• Parties: Kimberly Laray GRICE, Plaintiff, v. JACKSON–MADISON COUNTY GENERAL HOSPITAL DISTRICT aka West Tennessee Healthcare, Defendant.
• Court: U.S. District Court — Western District of Tennessee

981 F.Supp.2d 719

Kimberly Laray GRICE, Plaintiff,

v.JACKSON–MADISON COUNTY GENERAL HOSPITAL DISTRICT aka West Tennessee Healthcare, Defendant.

No. 11–1363.

United States District Court,

W.D. Tennessee,

Eastern Division.

Nov. 5, 2013.

Linda Nettles Harris, Nettles Harris Law Firm PLLC, Memphis, TN, for Plaintiff.

John D. Burleson, Matthew Robert Courtner, Rainey Kizer Reviere & Bell, Jackson, TN, V. Latosha Dexter, Rainey Kizer Reviere & Bell, Memphis, TN, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

J. DANIEL BREEN, Chief Judge.

Plaintiff, Kimberly Grice, brought this action against Defendant, Jackson–MadisonCounty General Hospital District aka West Tennessee Healthcare (“WTH”) on November 30, 2011 alleging racial discrimination, a hostile work environment, and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and the Tennessee Human Rights Act, Tenn.Code Ann. § 4–21–101 et seq. Before the Court is Defendant's motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure to which Plaintiff has responded and Defendant has replied to the response.

I. STANDARD OF REVIEW

Rule 56 provides that a court “shall grant summary judgment if the movant 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 Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986); Canderm Pharmacal, Ltd. v. Elder Pharm., Inc., 862 F.2d 597, 601 (6th Cir.1988). A dispute about a material fact is genuine only if “a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Once the moving party satisfies its initial burden, “the opposing party must go beyond the contents of its pleadings to set forth specific facts that indicate the existence of an issue to be litigated.” Slusher v. Carson, 540 F.3d, 449, 453 (6th Cir.2008). In reviewing a motion for summary judgment, the court must view the evidence “in the light most favorable to the nonmoving party, and draw all reasonable inferences in that party's favor.” Smith v. Perkins Bd. of Educ., 708 F.3d 821, 825 (6th Cir.2013) (quoting Slusher, 540 F.3d at 453);see Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). Thus, summary judgment is warranted, following discovery and proper motion, against a party who fails to make a sufficient showing to demonstrate the existence of an element essential to her case and on which she will bear the burden at trial. Celotex, 477 U.S. at 322–23, 106 S.Ct. at 2552.

II. FACTS

The facts construed in the light most favorable to the nonmoving party are as follows. Defendant is a hospital and governmental entity created by Chapter 686 of the Private Acts of the General Assembly of the State of Tennessee for 1949, as amended. (Docket Entry (“D.E.”) 100–2 at 19.) Plaintiff is a black female who was employed as a clinical nurse manager on C8, an outpatient floor at WTH, beginning on or around January 2008. (D.E. 118 at ¶¶ 1, 3.) Richard Wood, a white male, served as nurse director of C8 from September 2007 to January 2010. (D.E. 100–2 at ¶ 3; D.E. 108–1 at ¶ 4.) Wood was Grice's immediate supervisor and reported to Steven Albright, a white male, who is the Administrative Director of the West Tennessee Heart and Vascular Center and supervisor of the nursing directors. (D.E. 100–2 at ¶ 4; D.E. 108–1 at ¶¶ 5, 65.) In both 2008 and 2009, Grice scored high marks on her employee evaluations conducted by Wood—both of which reflected scores of 5/5 for compliance with policies and showed overall scores of 91 and 92 (out of 100), respectively. (D.E. 108–1 at ¶¶ 1, 2.)

Wood left WTH in January 2010, at which point Debbie Harris, the then-Director of Recruitment and Retention, performed prescreening interviews for Wood's replacement with Plaintiff and other employees, including Renee Peebles, Brad Hatch, and Allison Meeks. (100–2 at ¶ 6; 100–2 at 148, ¶ 5.) However, a decision was made to delay filling the position, and Deborah Lewis and Kim Bailey Roberts, both acting directors of other floors, were appointed as interim co-directors of C8 beginning February 1, 2010. (D.E. 100–2 at ¶¶ 6, 7.) On Friday, January 29, 2010, a snowstorm hit the area and C8 was closed by WTH administrators for the weekend. ( Id. at ¶ 9; D.E. 108–1 at ¶ 9.) WTH's policy regarding staffing on these occasions provided that

[e]mployees are expected to make every effort to report to work during times of inclement weather, unless otherwise advised by their director. Staffing at sufficient levels must be accomplished on days of inclement weather as well as normal days. In the event that inclement weather begins while nursing staff is at work, directors, managers, supervisors or charge nurses will call Clinical Services before sending any nursing staff home before the end of their shift. Employees may not leave without permission of management.... In the event an employee absolutely cannot report to work, appropriate department call-in procedures must be followed.

(D.E. 109 at 3.)

As clinical manager, Grice was primarily responsible for ensuring C8 was adequately staffed at all times. (D.E. 100–2 at 36.) Although the floor was closed, nurses working on C8 were still required to report for duty to cover other areas of the hospital if needed. ( Id.) Plaintiff called all the C8 staff scheduled for the evening of January 29, and the remainder of the weekend, to inform them of the closure and their duty to report under hospital policy. ( Id.) However, staff members expressed a general sentiment of reluctance to endure the weather just to potentially cover open areas of the hospital where other employees had called in. ( Id. at 35–37.) Plaintiff was wary that the staff would not show up and relayed this concern to Roberts. ( Id. at 35.) Feeling that she had done everything possible, Plaintiff left work on January 29 at 7:00 p.m., past her scheduled time, after checking with the staffing office and being informed she was not needed elsewhere, but before ensuring that the C8 employees had reported as scheduled for the night shift. ( Id. at 37; D.E. 118 at ¶ 12.) She left the building with Wood, who was working his last day as her director. (D.E. 118 at ¶ 12.) All of the C8 staff eventually called in that evening and weekend citing the inclement weather and failed to report to work. (D.E. 100–2 at ¶ 16.)

Two other clinical nurse managers, Anita Moss and Sally Burrow, whose floors were not closed, stayed beyond their scheduled time to ensure the staffing needs of their floors were met. (D.E. 100–2 at ¶¶ 13, 14.) When Plaintiff returned to WTH on February 1, she met with Roberts, Lewis, and Harris regarding the staff call-ins and was informed that they were looking into the matter and would be speaking to staff one-on-one. ( Id. at ¶¶ 18, 19). In these individual meetings, the staff expressed concerns of inconsistent treatment by Grice and relief that she not been appointed interim director. ( Id. at ¶ 20.) Plaintiff was ultimately held responsible, but at least at this time not formally disciplined, for failing to ensure C8 was adequately staffed that weekend. (D.E. 108–1 at ¶ 16.)

On February 5, 2010, Lewis sent Plaintiff an email instructing her to report to the staffing office at 6:45 a.m. on Monday, February 8 to work as a staff nurse if C8 remained closed. (D.E. 100–2 at 43.) Grice says she did not receive the email before leaving Friday, and therefore did not arrive by 6:45 a.m. on Monday. ( Id.) That same day, Steve Albright and Debbie Harris met with Grice expressing concerns about her leadership and performance. ( Id. at ¶ 28.) Albright informed Grice that Lewis and Roberts would be meeting with her to discuss a corrective action plan and that, effective the next day, she should report to the staffing office at 6:45 a.m. while C8 was closed. (D.E. 108–1 at ¶ 17; D.E. 100–2 at ¶ 29.) Lewis and Roberts went through the corrective action plan form with Plaintiff to discuss her employment expectations and responsibilities. (D.E. 100–2 at ¶ 30.) This was not considered a formal reprimand at the time, but was referenced as a disciplinary action in a later reprimand. ( Id.; D.E. 108–1 at ¶ 23.)

On February 10, 2010, Plaintiff was given a formal written reprimand by Roberts and Lewis for misrepresenting certain facts to them. (D.E. 100–2 at ¶ 33.) Grice had stated to her directors that she had permission to work and receive training in another part of the hospital while C8 was still closed, although she had not yet had explicit permission to do so. ( Id.) This reprimand stated that further violations of performance expectations or procedures could result in progressive discipline up to and including demotion and termination. ( Id.) Grice filed a grievance contesting the action and asserting that the incident was just a miscommunication. (D.E. 100–2 at 51.) She stated that if discipline was necessary, a verbal warning was more appropriate. ( Id.) No allegations of discriminatory treatment or retaliation were raised by Plaintiff, and the reprimand was ultimately upheld on review by Ron Hill, the vice president of WTH. ( Id. at ¶¶ 36, 37.)

Grice soon incurred further discipline for the events occurring over the following weekend. First, she did not inform her directors that she would be more than one hour out of town in Memphis on Saturday, February 13 as was required of her. ( Id. at ¶¶ 42, 43.) Next, on the following day, there was inadequate coverage on C8—a responsibility of hers. ( Id. at ¶¶ 44, 45.) As a result of the inadequate staffing, Plaintiff was contacted by the staffing office numerous times by home phone, cell phone, and pager to come into work that morning, but she failed to respond as required until later that...