Preeson v. Parkview Med. Ctr., Inc.
| Decision Date | 30 March 2017 |
| Docket Number | Civil Action No. 15-cv-02263-MSK-KMT |
| Parties | KIMBERLY PREESON, Plaintiff, v. PARKVIEW MEDICAL CENTER, INC.; LAURA HARRISON, individually and as Director of Admissions and Financial Counseling of Parkview Medical Center, Inc., Defendants. |
| Court | U.S. District Court — District of Colorado |
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR SUMMARY JUDGMENT
THIS MATTER comes before the Court on Defendants' Motions for Summary Judgment (# 48, 60), Plaintiff's Reponses (# 51, 61), and Defendants' Replies (# 53, 62). Also before the Court is Plaintiffs' Motion to Restrict (# 52) and Defendants' Response (# 54).
The Plaintiff asserts claims under the Americans with Disabilities Act of 1990, 42 U.S.C. § 1210, et seq. ("ADA") and the Family and Medical Leave Act, 29 U.S.C. § 2601, et seq. ("FMLA"). The Court exercises jurisdiction over these claims pursuant to 28 U.S.C. § 1331. The Court exercises jurisdiction over Plaintiff's related state law claim pursuant to 28 U.S.C. § 1367.
The Court offers a brief summary of the pertinent facts here and elaborates as necessary in its analysis. The parties disagree as to a number of facts and where facts are in dispute, this recitation describes the facts taken in the light most favorable to Ms. Preeson.
Ms. Preeson, was employed by defendant Parkview Medical Center ("Parkview") as a financial counselor/eligibility specialist from October of 2008 through December of 2014. Throughout her employment, Ms. Preeson suffered various health reversals, including cancer treatment and a diagnosis of Cyclic Vomiting Syndrome ("CVS"), which periodically causes her to experience multi-day bouts of nausea and vomiting. Some of these health issues required her to take leaves of absence from work, all of which were approved by Parkview. Those leaves were generally designated as FMLA-approved, either contemporaneously or retroactively. By all appearances, Parkview regarded Ms. Preeson as an exemplary employee during this period.
In early 2013, Ms. Preeson prepared a grant proposal, seeking funds from Connect for Health Colorado ("C4H") to create a new Financial Counseling Department within Parkview. Ms. Preeson believed that, if the project was approved, she would be appointed to manage the new department. Parkview's CEO, Mike Baxter, and its CFO, Bill Patterson, shared that belief and told Ms. Preeson so. The grant request was partially successful: Parkview was accepted to participate in the program, but C4H did not award Parkview any funds. Nevertheless, Parkview proceeded with plans to create the department.
In June 2013, Ms. Harrison was hired by Parkview as its Director of Admissions and Financial Counseling. Ms. Harrison thus became Ms. Preeson's indirect supervisor - that is, she supervised Ms. Preeson's supervisor(s). In July 2013, Ms. Harrison complimented Ms. Preeson's knowledge and experience and the "passion you have for your work"
On September 30, 2013, Ms. Preeson was injured in a car accident. The next day, she called Ms. Harrison to let her know that she would be requesting FMLA leave to recover. Ms.Preeson's leave was approved by Parkview, and she remained out on leave until October 14, 2013. On October 16, 2013, two days after Ms. Preeson returned to work, Ms. Harrison presented Ms. Preeson with a list showing her absences from work dating back to 2012. It is undisputed that Ms. Preeson's total number of absences and tardy arrivals over the previous 12 months had exceeded the number permitted under Parkview's attendance policy, potentially exposing her to disciplinary action. Ms. Harrison told Ms. Preeson that if she could not justify each absence, she would be terminated. Ms. Preeson informed Ms. Harrison that some of the absences had related to medical issues and could be covered under the FMLA, and it appears that there was some discussion between the women as to whether Ms. Preeson had already been approved by Parkview to take intermittent FMLA leave during the period at issue and whether FMLA approval for a leave could be sought retroactively. Ms. Harrison demanded to see Ms. Preeson's medical records, and Mr. Preeson agreed to obtain them.
The following day, Ms. Preeson informed Ms. Harrison that she had spoken to her doctor and to an attorney and that she believed that some of the absences would be covered by a request for retroactive FMLA leave. Ms. Harrison confirmed with Parkview's Human Resources department that Ms. Preeson had applied for FMLA leave for those absences and been approved. Thereafter, Ms. Harrison wrote to Ms. Preeson stating "[e]ven though I do not have documentation as to why you were absent each time, if it falls within the intermittent FMLA time period [that Ms. Preeson had requested approval for], I am more than willing to excuse that absence if it was documented at the time." Ms. Harrison did not pursue any further discipline Ms. Preeson and did not inquire about her absences again.
In October 2013, Ms. Preeson had a testy exchange with Ms. Harrison over an incident involving the assignment of new office space. Ms. Preeson had complained to Ms. Harrisonabout an issue, and Ms. Harrison later conveyed that conversation to one of Ms. Preeson's co-workers. After the co-worker confronted Ms. Presson about the complaint, Ms. Preeson sent an e-mail to Ms. Harrison, stating that she was upset by Ms. Harrison failing to treat the complaint as confidential. Ms. Harrison responded in writing that there was no time "for this sort of squabbling." The following day, Ms. Harrison summoned Ms. Preeson into her office and "screamed at [her]," telling her to "never send an e-mail reprimanding her again." Ms. Preeson contacted Darrin Smith, Parkview's Vice President of Human Resources, asking for a meeting to discuss her issues with Ms. Harrison. Ms. Preeson told Mr. Smith about her concerns that Ms. Harrison was being hostile and aggressive towards her, that she thought Ms. Harrison was looking for a reason to terminate her and deprive her of a promotion to head the newly-created Financial Counseling Unit, and that she believed that Ms. Harrison "had not treated me in the manner that she did prior to be taking FMLA leave and prior to [her] finding out that I had health issues associated with cancer and nausea and vomiting." Mr. Smith assured Ms. Preeson that her job was not in jeopardy and that Ms. Harrison was not authorized to discipline her for absences that occurred in 2012.
In or about November 2013, Parkview posted an opening for a supervisor1 position in the Financial Counseling Department - the unit that Ms. Preeson's C4H grant proposal created andthat Parkview's executives had previously suggested she should receive. Ms. Preeson and her co-worker, Nadia Caldera, both applied for the position. Ms. Harrison and another supervisor, Lori Thomason, interviewed both Ms. Preeson and Ms. Caldera. Ms. Harrison also spoke to third parties to get their opinions about the two candidates. Ms. Harrison contends that two of these individuals, Julie Drake and Brenda LaCombe, spoke negatively about Ms. Preeson's work, but complimented Ms. Caldera. (As discussed in greater detail below, Ms. Preeson disputes that the women stated these things to Ms. Harrison and accuses Ms. Harrison of fabricating Ms. LaCombe's comments.) On or about November 14, 2013, Ms. Harrison selected Ms. Caldera for the position. .
Ms. Caldera thus became Ms. Preeson's supervisor. At that time, Ms. Harrison instructed Ms. Caldera to "keep specific documentation on people that were difficult," including Ms. Preeson. Ms. Caldera testified that she understood that Ms. Harrison "was asking [her] to find ways to get rid of Ms. Preeson." Ms. Caldera testified that Ms. Harrison stated that Ms. Preeson's requests for FMLA leave were "a bunch of baloney." Ms. Caldera described Ms. Harrison as being particularly intolerant of employee absences and tardiness and that if someone complains about her, "they're going to get fired."
The record does not address any particular issues occurring between the end of 2013 and November 2014. However, in early November 2014, Ms. Preeson was absent for several days due to an episode of CVS. She sought and was approved to use FMLA leave for that absence.
On December 16, 2014, Ms. Preeson arrived at Parkview at approximately 6:50 a.m. for her 7:00 a.m. shift. She temporarily parked in a patient parking area near the front of thebuilding, intending to bring Christmas decorations in from her car. She clocked in at 6:54 a.m., unloaded the Christmas decorations, and encountered a patient with whom she had a 7:00 a.m. appointment. She told the patient that she had had a busy morning, that she had just returned from dropping her son off at school, that she had to go move her car to an employee parking area, and she would return shortly for the appointment. The patient told her to take her time and that he wanted to go run an errand. Ms. Preeson moved her car to the employee parking area, and on her way back to Parkview, experienced a wave of nausea. She went to a restroom nearby (away from her regular work area) to take medication and wait out the episode. She returned to Parkview's lobby at approximately 7:10 a.m., finding the patient there. (She states that it appeared the patient had just arrived, having gone to a nearby supermarket to purchase pastries for the Parkview staff.) She then completed her appointment with the patient.
The following day, Ms. Harrison summoned Ms. Preeson to a meeting with her and Christine Velasco, a Human Resources Manager. At the meeting, Ms. Harrison relayed a significantly different version of the previous day's events. Ms. Harrison stated that Judy Drake, Parkview's receptionist, encountered the patient in the lobby at or around 7:20 a.m. The patient reported to Ms. Drake that he was here for a...
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