Saridakis v. South Broward Hosp. Dist.

• Decision Date: 28 December 2009
• Docket Number: Case No. 08-62005-CIV.
• Citation: 681 F. Supp.2d 1338
• Parties: Angeleke SARIDAKIS, Plaintiff, v. SOUTH BROWARD HOSPITAL DISTRICT, Defendant.
• Court: U.S. District Court — Southern District of Florida

681 F. Supp.2d 1338

Angeleke SARIDAKIS, Plaintiff, v.SOUTH BROWARD HOSPITAL DISTRICT, Defendant.

Case No. 08-62005-CIV.

United States District Court, S.D. Florida.

December 28, 2009.

Dana Mason Gallup, Hollywood, FL, David Steinfeld, Richard H. Levenstein, Kramer, Sopko & Levenstein, P.A., Stuart, FL, for Plaintiff.

Jenna Rinehart Rassif, Jennifer T. Williams, Sherica Rene Bryan, Akerman Senterfitt, Miami, FL, for Defendant.

ORDER

CECILIA M. ALTONAGA, District Judge.

THIS CAUSE is before the Court on Motion by Defendant, South Broward Hospital District ("South Broward"), for Summary JudgmentD.E. 58, filed on October 19, 2009.The Court has carefully considered the parties' written submissions, pertinent portions of the record, and applicable law.

I.BACKGROUND

This case involves claims of discrimination and retaliation in the workplace.Plaintiff, Angeleke Saridakis ("Saridakis"), was employed by South Broward as a trauma surgeon beginning in November 2001.(SeeDefendant's Statement of Undisputed Facts ("Defendant's Facts")D.E. 59 at ¶ 6;seePlaintiff's Statement of Facts in Dispute ("Plaintiff's Facts")D.E. 73 at ¶ 6).When Saridakis began her employment at South Broward, her supervisor was Lawrence Lottenburg, M.D.("Lottenburg"), Director of Trauma Services.(SeePlaintiff's Factsat ¶ 5).Lottenburg was replaced as Director of Trauma Services by Eddy Carrillo, M.D.("Carrillo") in October 2003, at which time Carrillo became Saridakis's supervisor.(Seeid.).Carrillo reported to J.E. Piriz("Piriz"), Administrator for South Broward at the time.(Seeid.).

A. Saridakis's Work History

South Broward claims Carrillo had concerns dating back to 2002 regarding Saridakis's abilities in certain areas: laparoscopy skills, thoracic skills, and vascular skills.(SeeDefendant's Factsat ¶ 8).Saridakis disputes she had any performance issues as to these skills, and notes that prior to coming to South Broward, she had completed a trauma fellowship at Shock Trauma at the University of Maryland, one of the premier training institutes in the world.(SeePlaintiff's Factsat ¶ 8).South Broward also asserts Carrillo had concerns with Saridakis's performance as to lateness for rounds, clinic, and teaching activities, as well as her efficiency.(SeeDefendant's Factsat ¶ 8).

Saridakis received annual performance evaluations during her employment with South Broward.(Seeid.at ¶ 9).Saridakis was given "needs improvement" ratings by Lottenburg and Carrillo in the following areas: (1) uses time effectively and efficiently; (2) supports team decisions and recognizes validity of others' viewpoints; (3) interpersonal communication skills; (4) develops and maintains positive working relationships with co-workers; (5) minimizes conflict when dealing with problems; and (6) treats others with respect, dignity, courtesy, and integrity.(Seeid.).Saridakis also received many ratings of "exceeds standards" in other areas.(SeePlaintiff's Factsat ¶ 9).Saridakis had conflicts on two particular occasions with ICU nurses.(Seeid.at ¶ 10).Complaints by nurses about members of the trauma team were not uncommon.(Seeid.).

In October 2002, Chief Medical Officer Stanley Marks, M.D.("Marks"), Piriz, and Lottenburg had a meeting with Saridakis in which they discussed a patient who Saridakis had treated without first obtaining his consent.(SeeDefendants Factsat ¶ 11).The patient had a psychiatric disorder and refused to provide consent for treatment of a stab wound to his abdomen.(SeePlaintiff's Factsat ¶ 11).Saridakis had obtained administrative consent to perform the procedure, which was proper protocol under the circumstances.(Seeid.).During the meeting with Marks, Piriz, and Lottenburg, Saridakis agreed she should have made a more thorough and clear entry in the patient's medical chart; her decision to perform the procedure was not at issue.(SeeDeposition of Angeleke Saridakis Volume I ("Plaintiff's Dep. I") D.E. 73-74at 63-64).At the same meeting, Piriz expressed concerns that some people had characterized Saridakis as having "explosive" behavior and suggested she seek professional help for anger management.(Seeid. at 68-69).However, Piriz did not provide Saridakis with any concrete examples of her "explosive" behavior.(Seeid. at 71).

In November or December of 2004, an individual made a complaint about Saridakis which was reported to Marks.(Seeid. at 172).The person stated that Saridakis was speaking about private patient information in a public place.(Seeid.).Marks had a meeting with Saridakis about the incident, and Saridakis agreed the she had committed an indiscretion.(Seeid. at 173).

South Broward claims Carrillo witnessed and heard complaints about Saridakis regarding the following issues: refusal to work with Trauma Team and Operating Room staff, failure to complete paperwork, failure to ensure adequate on-call coverage, failure to coordinate scheduling of surgeries, and tardiness.(SeeDefendant's Factsat ¶ 14).Saridakis disputes these claims, maintaining that she failed to provide coverage on only one occasion, and that male trauma surgeons who missed coverage were not chastised.(SeePlaintiff's Factsat ¶ 14).Saridakis similarly claims that male surgeons who behaved comparably to her were not found wanting by Carrillo.(Seeid.).

Carrillo claims he learned of a complaint made against Saridakis concerning her behavior with a patient.(SeeDefendant's Factsat ¶ 15).Carrillo received an incident report in which Saridakis was identified as demanding that life support be withdrawn from a patient because she"needed beds."(Seeid.).Saridakis denies she ever made such a statement.(SeePlaintiff's Factsat ¶ 15).In January 2004, Carrillo met with Saridakis concerning complaints from staff.(SeeDefendant's Factsat ¶ 16).Carrillo felt Saridakis was insubordinate during the meeting and issued a written counseling to Saridakis.(Seeid.).In October 2004, Saridakis misdiagnosed a cancerous mass in a patient's thyroid as benign, when the biopsy results were actually "inconclusive."(Seeid.at ¶ 17).Saridakis apologized for the error.(SeePlaintiff's Factsat ¶ 17).

Saridakis performed certain thyroid surgeries for some time with the support of Carrillo.(Seeid.at ¶ 18).Carrillo later decided to distribute these surgeries among the trauma team.(Seeid.).Saridakis held the position of research coordinator for the trauma team.Carrillo claims Saridakis resigned from that position; Saridakis agrees that Carrillo sent her a letter accepting her resignation, but claims she never resigned from the position.(Seeid.at ¶ 19;seeDefendant's Factsat ¶ 19).South Broward asserts Saridakis accessed another employee's files in connection with the rescheduling of thyroid surgeries; Saridakis denies ever accessing another employee's files.(SeePlaintiff's Factsat ¶ 20;seeDefendant's Factsat ¶ 20).

Carrillo claims he received complaints about Saridakis not completing paperwork, being unavailable to coordinate scheduling, being late to clinic, and creating disruptions in the operating room.(SeeDefendant's Factsat ¶ 21).Saridakis disputes that these incidents occurred.(SeePlaintiff's Factsat ¶ 21).She further claims that after her complaint to Carrillo about gender discrimination in the summer of 2005, negative information about her began to circulate among certain staff members.(Seeid.).South Broward additionally claims Saridakis was late to rounds, failed to attend meetings, and missed a lecture she was presenting.(SeeDefendant's Factsat ¶¶ 24-26).Saridakis does not deny she was ever late for rounds, but counters that all attending surgeons are occasionally late for rounds.(SeePlaintiff's Factsat ¶ 24).She agrees that she missed a lecture, but explains she was in surgery at the time the lecture was scheduled.(Seeid.).Saridakis further notes that other trauma surgeons failed to attend meetings.(Seeid.at ¶ 25).

B. Saridakis's Compensation

Saridakis had negotiated a compensation contract with South Broward that started her at $170,000 per year, and increased to $210,000, $220,000, and $23 5,000 for the following three years, respectively.(SeePlaintiff's Dep. Iat 122-123).A male colleague, Dr. Lama ("Lama"), had a contract that also started at $170,000 per year, with increases to $200,000, $250,000, and $275,000 for the following three years, respectively.(Seeid.).In July 2004, Saridakis sent a memorandum to Carrillo expressing concerns that her pay was not comparable to Lama's.(SeeJuly 2004 Memorandum from Saridakis to Carrillo ("July 2004 Memo")D.E. 73-43).In this memorandum, Saridakis wrote:

As we discussed, if you compare my salary over the relevant contract term to that of Teo's, I end up earning approximately $55,000 less even though, with all due respect to Teo who is a fine and capable surgeon, I am more senior with more experience and a broader range of skills.Although, arguably, I should probably be earning more than Teo over the contract term, I am willing to earn about the same, but feel it is simply not fair for me to earn substantially less.Under my proposal, I would earn $25,000 more over the contract term than the figures you provided, but, again, this would still be less than the amount earned by Teo over his contract term.

Please understand that I am not ungrateful for my position or my salary.I know that I am well compensated for my work, but also know that I work hard for my compensation.This is not about me earning as much as I can get, but is instead about earning a comparable salary to my colleagues for doing comparable work.

(Id.).Carrillo asked Saridakis to submit a salary proposal, which she did.(SeeDefendant's Factsat ¶ 36;seePlaintiff's Factsat ¶ 36).South Broward then increased her salary.(SeeDefendant's Factsat ¶ 37;seePlaintiff's Factsat ¶ 37).

On August 5, 2004, Saridakis sent...