McKinney v. Hackensack Meridian Health, Inc., 101818 FED3, 18-1051

Docket Nº:18-1051
Opinion Judge:PER CURIAM.
Party Name:GLORIA MCKINNEY, Appellant v. HACKENSACK MERIDIAN HEALTH, INC.
Judge Panel:Before: JORDAN, RESTREPO, and SCIRICA, Circuit Judges.
Case Date:October 18, 2018
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
FREE EXCERPT

GLORIA MCKINNEY, Appellant

v.

HACKENSACK MERIDIAN HEALTH, INC.

No. 18-1051

United States Court of Appeals, Third Circuit

October 18, 2018

NOT PRECEDENTIAL

Submitted Pursuant to Third Circuit LAR 34.1(a) October 3, 2018

On Appeal from the United States District Court for the District of New Jersey (D.C. Civil Action No. 3-16-cv-04139) District Judge: Honorable Peter G. Sheridan

Before: JORDAN, RESTREPO, and SCIRICA, Circuit Judges.

OPINION [*]

PER CURIAM.

Gloria McKinney appeals from an order of the United States District Court for the District of New Jersey, which granted summary judgment to Hackensack Meridian Health, Inc. ("Meridian"), her employer at the time of the complaint. We will affirm the District Court's judgment.

I.

Because we write primarily for the parties, we discuss the background of this case only to the extent needed to resolve this appeal. McKinney, who is Black and 64 years old, began working for Meridian Nursing & Rehab at Bayshore ("Bayshore") in 1999 as a Nutritional Services Supervisor. McKinney alleges that she was hired for the opening shift (starting between 5:30 a.m. and 6:30 a.m., and finishing between 2:00 p.m. and 3:00 p.m.). Meridian acquired Bayshore in 2011.1 In April 2013, Laura Perez, Bayshore's Director of Nutritional Services and McKinney's direct supervisor, and William Hamilton, then Assistant Administrator, decided to require all Nutritional Services Supervisors to take turns working the opening shift and the closing shift (closing starts around 11:30 a.m. and ends around 8:00 p.m.).

Perez met with McKinney to explain the decision and McKinney objected, since she had always worked only the opening shift. McKinney also complained that people doing the closing shift were not doing their jobs and that McKinney would have to pick up the slack the next morning. Perez replied "that's your nature," which McKinney took as an insult.2 McKinney met with Hamilton to complain about the decision, and Hamilton brought Perez into the meeting. Perez then apologized to McKinney in case she had said anything that had offended her. But McKinney remained upset and told them that they were making the decision because she is Black.

McKinney sent a report to a Meridian Team Member Relations Specialist, Claudia Myers, indicating that Perez told her, "Gloria you are the opening supervisor, now you will be the closing supervisor." Myers investigated, and learned that McKinney was not the only closing supervisor; in May and June 2013, Caucasian supervisor David diGiacomo was scheduled to work four closing shifts each week, Hispanic supervisor Yolanda Torres was scheduled to work two closing shifts each week, and McKinney also was scheduled to work two closing shifts each week. Myers explained to McKinney that her co-worker Fern Collins was not required to close because she was the Assistant Director of Nutritional Services, rather than a Nutritional Services Supervisor.

McKinney's complaint also mentioned an incident in July 2015, when a patient with seafood allergies was erroneously served clam chowder. Because it was McKinney's duty to check the patient trays to ensure patients received the proper...

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