Williams v. Mount Sinai Med. Ctr.
| Decision Date | 08 May 2012 |
| Docket Number | No. 11 Civ. 5425(AJP).,11 Civ. 5425(AJP). |
| Citation | 114 Fair Empl.Prac.Cas. (BNA) 1672,859 F.Supp.2d 625 |
| Parties | Pamela WILLIAMS, Plaintiff, v. The MOUNT SINAI MEDICAL CENTER, Defendant. |
| Court | U.S. District Court — Southern District of New York |
OPINION TEXT STARTS HERE
Scott J. Steiner, Scott J. Steiner PC, White Plains, NY, for Plaintiff.
Rory J. McEvoy, Julie Lynn Sauer, Edwards Wildman Palmer LLP, New York, NY, for Defendant.
Plaintiff Pamela Williams, a forty-six year old African American woman, brings this action against defendant The Mount Sinai Hospital,1 alleging violations of Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law (“NYSHRL”) and the New York City Human Rights Law (“NYCHRL”). Williams asserts that Mt. Sinai unlawfully discriminated against her on the basis of her race and color. (Compl. ¶¶ 36, 39, 42.)
Presently before the Court is Mt. Sinai's summary judgment motion. (Dkt. No. 22: Notice of Motion.) The parties have consented to decision of this case by a Magistrate Judge pursuant to 28 U.S.C. § 636(c). (Dkt. No. 9.) For the reasons set forth below, Mt. Sinai's summary judgment motion is DENIED.
In August 1995, Williams began working as a phlebotomist in Mt. Sinai's Clinical Microscopy Unit. .) From May 1996 until her discharge in March 2011, Williams worked as a Patient Care Associate (“PCA”) in Mt. Sinai's GP 8 East, Orthopedic Unit, Surgical and Medical Specialties and Emergency Services (“8 East”). (Mt. Sinai & Williams Rule 56.1 Stmts. ¶ 2.) PCAs assist registered nurses with patient care, including “assisting patient with activities of daily living, collecting specimens and performing procedures; maintaining a safe, clean environment.” (Dkt. No. 23: McEvoy Aff. Ex. 1: Williams Dep. at 19–20 & Dep. Ex. 2: PCA Position Description.)
On October 19, 2009, Jennifer Jaromahum began working as 8 East's Clinical Nurse Manager and was responsible for the “day-to-day nursing operation” and the management of PCAs and nurses. Williams consistently received positive performance reviews in her position as PCA and did not receive formal discipline until 2010, after Jaromahum became her manager. (Williams Rule 56.1 Stmt. ¶¶ P1, P33.) 2
Mt. Sinai uses a progressive discipline system. Typically, a first warning is issued in the first instance where discipline is necessary, and when additional discipline is necessary, it becomes more severe. (Williams Rule 56.1 Stmt. ¶ P27; Jaromahum Dep. at 66–68; Johnson Dep. at 10–27.) The last three disciplinary steps generally are a final warning, a final warning with suspension and termination. (Williams Rule 56.1 Stmt. ¶ P27; Jaromahum Dep. at 66–68, 110.) In some instances, however, progressive discipline may not apply. (Williams Rule 56.1 Stmt. ¶ P28; Johnson Dep. at 16–20.)
Managers must contact a Senior Labor Relations Specialist (“Specialist”) in the Labor Relations Department before discipline more severe than a documented counseling is issued. While managers can recommend a level of discipline, Specialists determine the discipline to be imposed on the employee. (Mt. Sinai & Williams Rule 56.1 Stmts. ¶ 25.) The manager drafts the warning notice at the instruction of the Specialist, and after the Specialist approves the notice, the manager issues it to the employee. (Mt. Sinai & Williams Rule 56.1 Stmts. ¶¶ 26–27.)
On April 17, 2010, a discharged patient emailed Jaromahum complaining that Williams “was rude and very difficult to get help from.” Jaromahum discussed the patient complaint with Williams and “encouraged her to be careful with her patient interactions.” (Mt. Sinai & Williams Rule 56.1 Stmts. ¶¶ 36, P17; Jaromahum Dep. at 48–50.)
On May 13, 2010, another patient complained to Jaromahum that Williams had told the patient to “ ‘hold it’ ” as the patient was about to vomit. Jaromahum gave Williams a documented counseling and stated that further incidents of unsatisfactory patient care would result in disciplinary action. ( Jaromahum maintains that Williams denied any wrongdoing. (Mt. Sinai Rule 56.1 Stmt. ¶ 38; Jaromahum Dep. at 108–09.) Williams asserts that she explained to Jaromahum that the patient was about to vomit in a basin containing the patient's urine; thus, she instructed the patient to “ ‘hold it’ ” while she got a clean basin. (Williams Rule 56.1 Stmt. ¶¶ 37–38, P14; Williams Dep. at 25–27.)
On August 14, 2010, a Chinese patient's son complained to nurse Dominique Monsegur that his father had been transported roughly and a female African–American staff member lifted his father's hospital gown, laughed while pointing to his father's genitals and said “ ‘Chinese people has small penis.’ ” The complaint was brought to the attention of Clinical Nurse Manager Lorisa Richards, who was covering for the vacationing Jaromahum. (Mt. Sinai & Williams Rule 56.1 Stmts. ¶¶ 41, P22.) On August 16, Richards met with the patient using a Mandarin interpreter; the “patient said that he did not want to make a big deal, but that he wanted the Hospital to know that he understood the comment that was made about his private part.” (Mt. Sinai & Williams Rule 56.1 Stmts. ¶¶ 42–43; Richards Aff. ¶¶ 2, 6.) The parties dispute whether Williams was identified as making the comment. ( See Mt. Sinai & Williams Rule 56.1 Stmts. ¶¶ 39, 43.)
In addition, Surgical Care Associate Kialani Chambers stated that Williams said the patient was “eating too much fried rice.” (
Upon returning from vacation, Richards updated Jaromahum, and Jaromahum emailed Karen Johnson, a black Labor RelationsSpecialist, to see how she should proceed. An investigation confirmed that Chambers transported the patient to his room and that Williams was one of the PCAs assigned to the patient. (Mt. Sinai & Williams Rule 56.1 Stmts. ¶¶ 46–47, P22.) Williams provided the following statement:
I greeted the patient by saying “Welcome to 8 East”, like I usually do, Kareen informed me that the patient didn't speak any English. I said “O.K.” We all assisted the patient to the bed. The transporter and Margaret left the room first, Kareen and I got the patient settled in bed and then left. I had another admission waiting to attend in room 310B.
(Richards Aff. ¶ 9 & Ex. 7: 8/20/10 Williams Stmt.) Williams' statement, as well as statements from other staff, were sent to Johnson. ( None of the statements corroborated the complaint that a comment was made concerning the patient's private parts or identified Williams as making such a comment. (Williams Rule 56.1 Stmt. ¶ P22; Jaromahum Dep. at 118–26; see Richards Aff. Exs. 2–7.)
After reviewing Williams' prior documented counseling, Johnson wrote Jaromahum to “recommend issuing Ms. Williams a First Level Warning as a result of the recent incident” and to request a draft warning notice. Jaromahum sent Johnson a draft warning, and Johnson returned the revised warning to Jaromahum changing the level of discipline from a first to a final warning “because of the severity of the conduct.” ( On September 2, 2010, Williams was given that final warning. (Mt. Sinai & Williams Rule 56.1 Stmts. ¶ 64.)
On January 27, 2011, Jaromahum received an email complaint from a patient's daughter stating that her mother Jaromahum discussed the incident with Williams and encouraged her to be more sensitive, and when Jaromahum visited the patient later that evening, she reported that “Pam was ‘good’ now.” (Mt. Sinai & Williams Rule 56.1 Stmts. ¶¶ 66–67, P35.)
On January 28, however, the same patient complained to physical therapist Stephanie Suarez saying that Williams would not help her wash herself, was nasty and made her feel “ ‘depressed,’ ” and requested that Williams no longer work with...
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