Showers v. Endoscopy Ctr. of Cent. Pa., LLC

• Decision Date: 07 November 2014
• Docket Number: Civil Action No. 1:13–CV–1146.
• Citation: 58 F.Supp.3d 446
• Parties: Virginia L. SHOWERS, Plaintiff v. ENDOSCOPY CENTER OF CENTRAL PENNSYLVANIA, LLC et al., Defendants.
• Court: U.S. District Court — Middle District of Pennsylvania

58 F.Supp.3d 446

Virginia L. SHOWERS, Plaintiff

v.ENDOSCOPY CENTER OF CENTRAL PENNSYLVANIA, LLC et al., Defendants.

Civil Action No. 1:13–CV–1146.

United States District Court, M.D. Pennsylvania.

Signed Nov. 7, 2014.

Mark A. Hipple, Artell Law Group, LLC, Harrisburg, PA, for Plaintiff.

Bradford Dorrance, Keefer Wood Allen & Rahal LLP, Harrisburg, PA, for Defendants.

MEMORANDUM

CHRISTOPHER C. CONNER, Chief Judge.

Plaintiff Virginia Showers brings the above-captioned action pursuant to the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., and the Pennsylvania Human Relations Act (“PHRA”), 43 Pa. Stat. Ann. § 951 et seq. Showers alleges that Endoscopy Center of Central Pennsylvania, LLC and Gastroenterology Associates of Central Pennsylvania, P.C. (collectively, “defendants”) unlawfully discriminated against and terminated her on the basis of her disability. Presently before the court is defendants' motion (Doc. 15) for summary judgment. For the reasons that follow, the court will grant the motion.

I. Factual Background and Procedural History¹

From 2005 to 2011, Virginia Showers (“Showers”) worked at Endoscopy Center of Central Pennsylvania, LLC (“ECCP”) as a receptionist. (Doc. 16 ¶¶ 3, 97; Doc. 20 ¶¶ 3, 97). ECCP is a licensed ambulatory surgical center in Hershey, Pennsylvania. (Doc. 16 ¶¶ 123, 129; Doc. 20 ¶¶ 123, 129). Dr. William A. Rowe (“Dr. Rowe”) and Dr. Robert F. Werkman (“Dr. Werkman”) are the sole members and managers of ECCP. (Doc. 16 ¶ 128; Doc. 20 ¶ 128). Dr. Werkman also serves as the state-mandated Medical Director of ECCP. (Doc. 16 ¶ 133; Doc. 20 ¶ 133).

Prior to her employment at ECCP, Showers worked as a receptionist at Gastroenterology Associates of Central Pennsylvania, P.C. (“GACP”). (Doc. 16 ¶ 1; Doc. 20 ¶ 1). According to Dr. Rowe, who testified on behalf of ECCP and GACP as a corporate designee, GACP provides patient care in the fields of gastroenterology and hepatology. (Doc. 19–2, Rowe Dep. at 9:2–21, Feb. 20, 2014 (“Designee Dep.”)). Dr. Rowe and Dr. Werkman are board members and 50–percent shareholders of GACP. (Doc. 16 ¶ 127; Doc. 20 ¶ 127). Victoria Farr (“Farr”) served as the Center Director of ECCP, while Shirley Nye (“Nye”) served as the Officer Manager of GACP. (Doc. 16 ¶ 130; Doc. 20 ¶ 130). In the area of human resources, Farr managed minor disciplinary issues at ECCP, and ECCP's Governing Board made major disciplinary decisions. (Doc. 16 ¶ 19; Doc. 20 ¶ 19). ECCP's Governing Board consists of Dr. Rowe, Dr. Werkman, and Farr. (Doc. 16 ¶ 19; Doc. 20 ¶ 19).

ECCP and GACP are located in the same building and lease their offices from GI Properties of Hershey, LLP. (Doc. 16 ¶¶ 140–41; Doc. 20 ¶¶ 140–41). Dr. Rowe and Dr. Werkman own GI Properties. (Doc. 16 ¶ 140; Doc. 20 ¶ 140). Defendants state that ECCP and GACP have separate reception and work areas (Doc. 16 ¶ 141), while Showers posits that ECCP and GACP share bathrooms, a locker room, and a lunchroom (Doc. 20 ¶ 141). ECCP outsources certain services to GACP pursuant to a management agreement, including billing, bookkeeping, and the Medical Director position. (Doc. 16 ¶¶ 134, 142; Doc. 20 ¶¶ 134, 142). ECCP and GACP were separately established approximately two years apart. (Doc. 16 ¶¶ 125–26; Doc. 20 ¶¶ 125–26). Dr. Rowe and Dr. Werkman refer patients to surgical centers other than ECCP but perform approximately 90 percent of their procedures at ECCP. (Doc. 16 ¶¶ 138–39; Doc. 20 ¶¶ 138–39; Designee Dep. at 41:15–42:15).

ECCP terminated Showers's employment in June 2011. (Doc. 16 ¶ 97; Doc. 20 ¶ 97). At the time of her termination, ECCP had six full-time employees and five part-time employees. (Doc. 16 ¶ 131; Doc. 20 ¶ 131). At that same time, GACP had ten full-time employees and no part-time employees. (Doc. 16 ¶ 131; Doc. 20 ¶ 131). Showers does not allege that GACP discriminated against her (Doc. 16 ¶ 146; Doc. 20 ¶ 146), although she notes that Dr. Rowe and Dr. Werkman maintain control over major personnel decisions for both ECCP and GACP (Doc. 20 ¶ 147).

Showers's job responsibilities at ECCP included greeting patients, answering phone calls, and maintaining the confidentiality of patient and employee information. (Doc. 16 ¶ 4; Doc. 20 ¶ 4). Her regular work hours were from 6:45 a.m. to 2:45 p.m. (Doc. 16 ¶ 3; Doc. 20 ¶ 3). As Center Director, Farr supervised Showers. (Doc. 16 ¶ 5; Doc. 20 ¶ 5). Showers's employment at ECCP was governed by an employee handbook that provided applicable policies and procedures. (Doc. 16 ¶ 7; Doc. 20 ¶ 7). With respect to ECCP's attendance and call-off policy, the handbook stated that “[i]f for any unforeseen reason the employee will be late or needs to report off work, he/she should do so by calling the Center Director [Farr] at least one hour prior to the start of the work shift. The Center Director can be called at home, cell or work.” (Doc. 19–1, Showers Dep. Ex. 2 at 17, Jan. 28, 2014 (“Showers Dep.”)). Showers contends that, notwithstanding this policy, Farr instructed Showers not to call her before 8:00 a.m. on Farr's days off. (Doc. 20 ¶¶ 11–12, 74, 77). Farr remained the designated contact person unless she notified the staff that another employee would serve as the contact person for a given day. (Doc. 16 ¶ 77; Doc. 20 ¶ 77).

Showers had multiple disciplinary issues during her tenure at ECCP. In 2005, Showers received an oral warning in connection with a HIPPA violation. (Doc. 16 ¶ 14; Doc. 20 ¶ 14). The following year, Showers violated ECCP's confidentiality policy by disclosing a former ECCP employee's contact information. (Doc. 16 ¶ 15; Doc. 20 ¶ 15). In 2007, Showers violated ECCP's call-off policy by failing to notify Farr of an intended absence. (Doc. 16 ¶ 17; Doc. 20 ¶ 17). This disciplinary warning stated that a failure to improve would result in dismissal. (Doc. 16 ¶ 18; Doc. 20 ¶ 18; Showers Dep. Ex. 5). Showers also received annual performance appraisals. (Doc. 16 ¶ 23; Doc. 20 ¶ 23). The Governing Board generally concluded that Showers's performance was satisfactory, subject to documented disciplinary issues. (Doc. 16 ¶ 28; Doc. 20 ¶ 28).

In January 2011, Showers was diagnosed with colon cancer

. (Doc. 16 ¶ 31; Doc. 20 ¶ 31). The cancer was surgically removed as part of a curative resection. (Doc. 16 ¶ 31; Doc. 20 ¶ 31). Showers took a medical leave of absence for approximately six weeks before returning to work on a part-time basis. (Doc. 16 ¶ 34; Doc. 20 ¶ 34). She returned to work full-time, without any medical restrictions, in late February 2011. (Doc. 16 ¶ 34; Doc. 20 ¶ 34). Showers asserts, however, that Farr had pressured her to return to work early on a full-time basis. (Doc. 20 ¶¶ 37–38). In the evening of February 23, 2011 Showers's husband called and left three messages on Dr. Rowe's cell phone after obtaining his number from an employee contact list that had Showers brought home. (Doc. 16 ¶ 60; Doc. 20 ¶ 60; Showers Dep. at 114:2–7). Showers testified that he did so because Showers had been returning home upset due to Farr's treatment of her. (Showers Dep. at 131:19–132:10). As a result of this incident, the Governing Board issued Showers a written warning for insubordination by disclosing purportedly confidential information. (Doc. 16 ¶ ¶ 63, 65; Doc. 20 ¶¶ 63, 65; Showers Dep. Ex. 9). Showers maintains that there was no policy related to the employee contact list and disputes the validity of the warning. (Doc. 20 ¶ 64). Showers's cancer is in remission and requires no further treatment other than annual check-ups. (Doc. 16 ¶ 39; Doc. 20 ¶ 39).

In April 2011, after experiencing back pain and weakness in her legs, Showers was diagnosed with Guillain–Barré syndrome

(“GBS”), which required hospitalization. (Doc. 16 ¶¶ 40, 42; Doc. 20 ¶¶ 40, 42). The Governing Board granted Showers's request for an additional medical leave. (Doc. 16 ¶ 49; Doc. 20 ¶ 49). After recovering from GBS, Showers's physician authorized her to return to work full-time and without restrictions on May 16, 2011. (Doc. 16 ¶ 52; Doc. 20 ¶ 52). Showers contends that—as evidenced by an internal email among Dr. Rowe, Dr. Werkman, and Farr—the Governing Board had concerns about Showers's ability to perform her job duties upon her return from GBS and about whether Showers would be a liability to ECCP. (Doc. 20 ¶ 54; Doc. 19–3, Farr Dep. Ex. 21, Oct. 24, 2013 (“Farr Dep.”)). After returning from her medical leave, Showers alleges that Farr adopted a more harassing nature toward Showers and constantly criticized her performance. (Doc. 20 ¶¶ 67, 105). Showers also avers that Farr frequently called her regarding when Showers would return to work. (Id. ¶¶ 105, 110).

On June 14, 2011, Showers woke up feeling ill. (Doc. 16 ¶ 86; Doc. 20 ¶ 86). She threw up while driving to work and returned home. (Doc. 16 ¶ 87; Doc. 20 ¶¶ 87, 90). Between 6:15 a.m. and 6:30 a.m., after returning home, Showers called and left a message with a part-time nurse regarding her absence. (Doc. 16 ¶ 90; Doc. 20 ¶ 90). According to defendants, Farr was scheduled to work that day. (Doc. 16 ¶ 82). Showers believed that Farr was not scheduled to work on June 14, 2011, however, and that the nurse was the appropriate employee to contact in Farr's absence. (Doc. 20 ¶¶ 82, 85, 89).

The Governing Board convened on June 16, 2011 to discuss Showers's purported failure to comply with ECCP's call-off policy two days prior. (Doc. 16 ¶ 94). The Board unanimously decided to terminate Showers. (Doc. 16 ¶ 96). In so doing, it considered Showers's prior disciplinary warnings. (Doc. 16 ¶ 95; Doc. 20) Farr informed Showers of her termination on June 17, 2011. (Doc. 16 ¶ 97; Doc. 20 ¶ 97). Showers contends that Farr manipulated the Governing Board's decision by failing to speak with Showers about her absence on June 14, 2011 and by presenting only her version of the events to the Board. (Doc. 20 ¶¶ 96, 120). Showers maintains that Farr was the only person who discriminated against her. (Doc. 16 ¶ 116; Doc. 20 ¶ 116).

On April 23, 2013, Showers...