Bates v. Roche Diagnostics Corp.

971 F. Supp. 2d 833, 2013 WL 5013916, 2013 U.S. Dist. LEXIS 130396
CourtDistrict Court, S.D. Indiana
DecidedSeptember 12, 2013
DocketNo. 1:12-cv-00308-RLY-DML
StatusPublished

This text of 971 F. Supp. 2d 833 (Bates v. Roche Diagnostics Corp.) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bates v. Roche Diagnostics Corp., 971 F. Supp. 2d 833, 2013 WL 5013916, 2013 U.S. Dist. LEXIS 130396 (S.D. Ind. 2013).

Opinion

ENTRY ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

RICHARD L. YOUNG, Chief Judge.

Plaintiff, Juliee L. Bates, is a former employee of Roche Diagnostics Corporation (“Roche”). Following Roche’s decision to terminate her employment in February 2011, Plaintiff filed the present case against Roche, alleging that Roche discriminated against her on the basis of her gender, under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”), and her alleged disability, under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (“ADA”), as amended by ADA Amendments Act of 2008. Plaintiff also claims Roche retaliated against her in violation of Title VII, the ADA, and the Family Medical Leave Act, 29 U.S.C. § 2601 et seq. Roche now moves for summary judgment. For the reasons set forth below, the motion is GRANTED.

I. Background

A. Roche Diagnostics

Roche is a worldwide diagnostics company that offers analytical and data management systems for the prevention, diagnosis, evaluation and monitoring of diseases. (Declaration of Scott Kincaid (“Kincaid Dec.”) ¶ 4). Roche implemented and maintains leave and nondiscrimination policies designed to optimize its diversity initiatives in the workplace and prohibit discrimination or retaliation on the basis of age, national origin, and other protected characteristics. (Id. ¶ 5). Employees, including Plaintiff, have ready access to these policies including its EEO and FMLA policies, via Roche’s intranet. (De[836]*836position of Juliee Bates (“Plaintiff Dep.”) at 142-43).

B. Plaintiffs Employment

Plaintiff was hired by Roche on September 30, 2003, as an Information Security Consultant. (Id. at 143 and Ex. 10). Plaintiffs duties consisted of helping Roche personnel in Indianapolis understand the sensitivity of electronic computer data and computer password settings, and to ensure that there were no data security breaches. (Id. at 147-48,157).

Plaintiffs supervisor at the time, Mark Gabel, performed annual reviews of Plaintiffs performance. (Id., Exs. 15-17). For example, on Plaintiffs 2005 Performance Appraisal, Gabel noted that Plaintiff “did an excellent job of taking ownership of [the Information Security Handbook] and driving the results to completion.” (Id., Ex. 17 at DEF 1-115). He also noted, however, that Plaintiff needed to focus on her “initiative,” “taking on more of a leadership role with the Information Security Group,” and becoming more “results oriented.” (Id.).

Following Gabel’s departure from Roche in 2006, Gregory Puckett became Plaintiffs supervisor. (Id. at 161). Puckett subsequently hired two women as Information Security Consultants to work with Plaintiff: Jodi Hood and Barbara Lanman. (Id. at 163-64). After becoming Plaintiffs supervisor, Puckett received complaints from Roche’s diabetes care and professional diagnostics business units about several deficient risk assessments Plaintiff had conducted. (Declaration of Gregory Puckett ¶ 5). Accordingly, in her 2006 Performance Appraisal, Puckett gave her an overall rating of “Needs Development.” (Plaintiff Dep. Ex. 18 at DEF 1-117).

In the spring of 2007, Puckett told Lan-man (who then told Plaintiff) that Plaintiff “must have slept with her previous manager to get her job.” (Id. at 165). Plaintiff reported the matter to Human Resources Manager Scott Kincaid, who advised her to discuss the comment with Puckett. (Id. at 168). Plaintiff did so, and Puckett denied making the comment. (Id. at 169). Puckett’s supervisor, Kurt Seiler, learned of Plaintiffs allegation, and ordered Puckett to apologize to Plaintiff because, in Seiler’s opinion, Plaintiff is “the type of person Roche wants in their employ.” (Id. at 176). Puckett’s apology was an acceptable resolution to the issue for Plaintiff. (Id. at 178).

In the next appraisal of Plaintiffs performance, Puckett gave Plaintiff an overall rating of “Fully Achieved.” (Id., Ex. 19). The score was higher than the rating Puckett had given Plaintiff the year before and was comparable to the ratings she received from Gabel. (Id., Exs. 15, 17).

C. Roche’s Global Reorganization

Beginning in 2007, Roche began a company-wide reorganization of its Information Technology Security Department. (Deposition of Joachim Bohnert (“Bohnert Dep.”) at 13-14, 16). During this process, the Indianapolis Information Technology Security Department in which Plaintiff worked was integrated into a newly formed Global Information Security Team that was focused on the company’s worldwide operations. (Id. at 192-93, 205). The Global Information Security Team was responsible for engaging in risk-based security analyses in order to safeguard Roche’s digital assets and proprietary information. (Declaration of Joachim Boh-nert (“Bohnert Dec.”) ¶ 5). As part of this reorganization, Plaintiff came under the supervision of Joachim Bohnert, who was based in Basil, Switzerland. (Plaintiff Dep. at 192-93; Bohnert Dec. ¶¶ 2, 4). Bohnert oversaw a team that included several employees in Europe as well as three [837]*837female Information Security Consultants located in the United States: Plaintiff, Lanman, and Hood. (Bohnert Dec. ¶ 6).

Bohnert selected Plaintiff to become the lead in risk management and administrative security for the new group. (Plaintiff Dep. at 207). In her new role, Plaintiff was responsible for, among other things, supporting global security functional areas in the development and maintenance of information security policies, procedures and standards. (Id., Ex. 22). Plaintiff was also required to train users and managers in the area of Security Awareness, and to plan and direct information security projects that were focused on process improvements, operational efficiencies, and customer satisfaction. (Id.). The job requirements for Plaintiffs position included “[excellent communication and presentation skills,” in addition to the ability to travel due to the global nature of the reorganized department. (Id.). Plaintiff was expected not only to have a mastery of information technology security and architecture, but also to communicate the complicated world of IT security to non-techni-eally oriented business people within Roche through consulting projects and security training. (Bohnert Dec. ¶ 7). In this regard, Plaintiff was expected to be able to work independently to move projects to conclusion. (Id.).

As part of the launch of the new global organization, Plaintiff attended a Diagnostics IT Security Network (“DISN”) meeting in Hinterzarten, Germany on October 15-17, 2007. (Plaintiff Dep. at 194 and Ex. 32). Plaintiff also underwent training in Basel, Switzerland in December 2007, during which she first met Bohnert in person. (Id. at 213-15).

D.Plaintiffs Performance Following the Reorganization

Over the next year, Bohnert had several opportunities to personally observe Plaintiffs performance. (Bohnert Dec. ¶ 8).

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Bluebook (online)
971 F. Supp. 2d 833, 2013 WL 5013916, 2013 U.S. Dist. LEXIS 130396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bates-v-roche-diagnostics-corp-insd-2013.