Mariano v. Rite Aid of Me., Inc.
| Decision Date | 15 October 2018 |
| Docket Number | Docket no. 2:17-cv-301-GZS |
| Parties | CHRISTINE MARIANO, Plaintiff, v. RITE AID OF MAINE, INC., Defendant. |
| Court | U.S. District Court — District of Maine |
Before the Court are Defendant's Motion for Summary Judgment (ECF No. 35), Plaintiff's Motion to Amend Complaint (ECF No. 52), and the Unopposed Amended Motion to Allow Oral Argument on Summary Judgment (ECF No. 53). As to the request for oral argument, the Court has determined, in an exercise of its discretion, that the pending motions can be decided without oral argument. Therefore, this request is DENIED. For reasons explained herein, the Court GRANTS IN PART and DENIES IN PART Defendant's Motion for Summary Judgment (ECF No. 35) and DENIES Plaintiff's Motion to Amend Complaint (ECF No. 52).
Generally, a party is entitled to summary judgment if, on the record before the Court, it appears "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). "[T]he mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986). An issue is "genuine" if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Id. at 248. A "material fact" is one that has "the potential to affect the outcome of the suit under the applicable law." Nereida-Gonzalez v. Tirado-Delgado, 990 F.2d 701, 703 (1st Cir. 1993).
The party moving for summary judgment must demonstrate an absence of evidence to support the nonmoving party's case. Celotex Corp. v. Catrett, 477 U.S. 317, 325 (1986). In determining whether this burden is met, the Court must view the record in the light most favorable to the nonmoving party and draw all reasonable inferences in its favor. See Santoni v. Potter, 369 F.3d 594, 598 (1st Cir. 2004).
Once the moving party has made this preliminary showing, the nonmoving party must "produce specific facts, in suitable evidentiary form, to establish the presence of a trialworthy issue." Triangle Trading Co., Inc. v. Robroy Indus., Inc., 200 F.3d 1, 2 (1st Cir. 1999) (); see also Fed. R. Civ. P. 56(e). "Mere allegations, or conjecture unsupported in the record, are insufficient." Barros-Villahermosa v. United States, 642 F.3d 56, 58 (1st Cir. 2011) (quoting Rivera-Marcano v. Normeat Royal Dane Quality A/S, 998 F.2d 34, 37 (1st Cir. 1993)); see also Wilson v. Moulison N. Corp., 639 F.3d 1, 6 (1st Cir. 2011) (). "As to any essential factual element of its claim on which the nonmovant would bear the burden of proof at trial, its failure to come forward with sufficient evidence to generate a trialworthy issue warrants summary judgment for the moving party." In re Ralar Distribs., Inc., 4 F.3d 62, 67 (1st Cir. 1993). "However, summary judgment is improper when the record is sufficiently open-ended to permit a rational factfinder to resolve a material factual dispute in favor of either side." Morales-Melecio v. United States (Dep't of Health and Human Servs.), 890 F.3d 361, 368 (1st Cir. 2018) (quotation marks omitted).
Having reviewed the record and the statements of material fact in accordance with Local Rule 56, "the Court constructs the following narrative from the undisputed facts as well as the disputed material facts viewed in the light most favorable to the non-movant," here, Plaintiff. Ramsdell v. Huhtamaki, Inc., 992 F. Supp. 2d 1, 5 (D. Me. 2014).
Defendant Rite Aid of Maine, Inc.
Rite Aid Of Maine, Inc. ("Rite Aid") is a drug store chain engaged in the business of providing pharmacy services. Rite Aid's advertised mission is: (Joint Statement (ECF No. 32), PageID # 288.) In general, Rite Aid staffs each pharmacy with one or more pharmacists who are supported by a team of pharmacy technicians. Rite Aid also employs Pharmacy District Managers ("PDMs") to provide another level of management for its stores. Each PDM manages a district that contains approximately twenty-five stores and approximately fifty to sixty pharmacists working in those stores.
Rite Aid has adopted a Nondiscrimination Policy and a Harassment in the Workplace Policy, both of which are contained in the Rite Aid Associate Handbook (ECF No. 38-1).1 The Rite Aid Associate Handbook also contains procedures to report discrimination or harassment, a policy prohibiting retaliation against employees that utilize these reporting procedures, and apolicy for accommodating associates with disabilities. Additionally, the Handbook contains Rite Aid's Family and Medical Leave ("FMLA") Policy and a Non-FMLA Medical Leave Policy, which includes leave as an accommodation under the ADA.2 Rite Aid's FMLA Policy generally provides up to twelve weeks of unpaid FMLA leave for eligible associates with qualifying family and/or medical needs. The policy also notes that an "associate may be eligible for additional leave beyond the FMLA . . . as a reasonable accommodation." (Rite Aid Family & Medical Leave Policy (ECF No. 44-4), PageID # 1194.)
Generally, requests for leave and accommodations are handled by the Rite Aid Benefits Service Center ("RABSC"), whereas Rite Aid's short and long term disability benefits are administered by Prudential Insurance Company. When RABSC has "enough information" to determine leave is being taken for a "FMLA-qualifying reason," the policy states that the associate must be notified that her leave is designated and counted as FMLA leave within five business days. (Rite Aid Family & Medical Leave Policy (ECF No. 44-4), PageID # 1195.) The Handbook explains that non-FMLA medical leave requires that a packet of information supporting the leave request be returned to RABSC "within 15 days" and further indicates that "medical leaves of absence . . . ordinarily have a cap of 180 days (consecutive or cumulative) in any 365-day period." (Handbook (ECF No. 38-1), PageID # 1071.)3
One of the essential job functions of a Rite Aid Staff Pharmacist is to ensure the accuracy and appropriateness of all filled prescriptions. During the relevant time period, Rite Aid used a process to monitor its prescriptions—called the Rite Prescription Program—to track whether each pharmacist was fulfilling this function. The Rite Prescription Program includes (1) quality assurance guidelines to prevent prescription incidents, (2) handling, reporting and auditing of prescription incidents, and (3) a Continuous Quality Improvement (CQI) Process. The Program states: "It is company policy that all quality related incidents in the pharmacy be reported immediately upon discovery, after the pharmacist has addressed the incident with the patient." (Armiento Decl. (ECF No. 38), PageID # 1042.) The program required that all quality related incidents in Rite Aid's pharmacies (including prescription errors) be reported immediately using Rite Aid's toll-free claims reporting number. These reports are then tracked and attached to a particular pharmacist via a program known as Net Claims.
Rite Aid has a step-by-step process for disciplining Pharmacists when there are prescription errors. To the extent a Technician or Cashier working at the pharmacy makes a prescription error, the error is the responsibility of the Pharmacist working at the time.
During the relevant time period, if a Pharmacist incurred three errors4 in a rolling twelve-month period, the Pharmacist received a verbal warning from the PDM. If a Pharmacist incurred six errors in the same rolling twelve-month period, the Pharmacist received a written counseling from the PDM. If a Pharmacist incurred nine errors in the same rolling twelve-month period, thePharmacist received a final written warning from the PDM. If a Pharmacist incurred an additional error in the same rolling twelve-month period, the Pharmacist's continued employment was subject to review by a Peer Review Committee, which could recommend corrective actions or termination of the pharmacist subject to review.
Christine Mariano, R. Ph. ("Mariano") completed a five-year program at the Massachusetts College of Pharmacy and graduated with a Bachelor of Science degree in Pharmacy in 1985. She became licensed to practice pharmacy in the State of Maine in November 1985 and has practiced pharmacy since that date. On August 13, 1990, Mariano was hired as a Pharmacist at a store located at 37 Portland Road in Kennebunk, Maine (the "Kennebunk Store" or the "Store"). Rite Aid acquired the Store shortly thereafter.5 At various times during her Rite Aid career, Mariano worked as a Staff Pharmacist, Pharmacy Manager, and Pharmacy District Manager ("PDM").6 On or about February 29, 2000, Mariano voluntarily transferred to the Rite Aid store in Biddeford, Maine (the "Biddeford Store"). Thereafter, she worked as a PDM from 2005 until 2007 before transferring back to a Staff Pharmacist position at the Biddeford Store. On or about September 22, 2013, Mariano transferred back to the Kennebunk Store as a Staff Pharmacist.
Throughout her tenure at Rite Aid, Mariano's annual performance evaluations rated her at meeting or exceeding expectations. On or before April 12, 2015, Mariano received an overall "Meets Expectations" performance rating from the Kennebunk Store Pharmacy Manager Christopher Joseph ("Joseph")...
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