Bellisle v. Landmark Medical Center

207 F. Supp. 3d 153, 2016 U.S. Dist. LEXIS 130392, 2016 WL 4987119
CourtDistrict Court, D. Rhode Island
DecidedSeptember 15, 2016
DocketC.A. No. 14-266-M-LDA
StatusPublished
Cited by1 cases

This text of 207 F. Supp. 3d 153 (Bellisle v. Landmark Medical Center) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bellisle v. Landmark Medical Center, 207 F. Supp. 3d 153, 2016 U.S. Dist. LEXIS 130392, 2016 WL 4987119 (D.R.I. 2016).

Opinion

MEMORANDUM AND ORDER

JOHN J. McCONNELL, JR., United States District Judge.

Landmark Medical Center terminated Kayleigh Bellisle from her employment as a registered nurse after it investigated several reports of inappropriate behavior by her including: dyeing her hair during a work shift, swearing at and harassing fellow employees and patients, using a cell phone at the nurses’ station in contravention of hospital policy, and possessing an illegal weapon1—a stun-gun—at work. Her union, United Nurses & Allied Professionals, Inc. (“Union”) provided representation during the disciplinary and termination process in accordance with its role set forth in the collective bargaining agreement (“CBA”), and the parties eventually settled Ms. Bellisle’s grievances by agreement.

Ms. Bellisle sued Landmark, Landmark’s owner Prime Healthcare Services-Landmark, LLC, and two Landmark employees, Charlene Elie and Glenn Miller, charging them with various discrimination and retaliation claims as well as state law tort claims. She alleges that Defendants subjected her to a hostile work environment and ultimately terminated her because of her sexual orientation and that she was retaliated against after taking an approved medical leave of absence. Ms. Bellisle has also sued Union for failing properly to represent her in breach of the terms of CBA during the several grievance procedures following her disciplinary actions. All Defendants have moved for summary judgment. Because the Court finds [160]*160that it is undisputed that Landmark terminated Ms. Bellisle because of inappropriate conduct, not her sexual orientation, and that Landmark did not retaliate against her or subject her to a hostile work environment, the Landmark Defendants’ Motion for Summary Judgment (ECF No. 33) is GRANTED. The Court GRANTS the Union’s Motion for Summary Judgment (ECF No. 36) as well.

FACTS

On March 5, 2012, Landmark hired Ms. Bellisle to work as a registered nurse in its Progressive Care Unit. Several months into her employment, Ms. Bellisle discovered that she was pregnant and took a four month medical leave of absence. Upon her return, she requested and received a transfer to the Emergency Department.

Sometime in September or October of 2013, Ms. Bellisle claims that it became known at Landmark that she is a lesbian and she believes that her problems at work began with that knowledge. Ms. Bellisle reported to her supervisor, Melissa Frias, that her shift supervisor was treating her poorly. Ms. Frias notified the human resources department about Ms. Bellisle’s complaint and as a result, the shift supervisor was informed about standards for behavior at Landmark. Landmark did not conclude any wrongdoing because it could not substantiate Ms. Bellisle’s complaint.

During the course of her employment, Ms. Bellisle and her co-worker, Defendant Glenn Miller, engaged in several text message exchanges discussing Ms. Bellisle’s relationship with her girlfriend and her interactions with other employees at Landmark. The messages included a string of scissor emoji’s that Ms. Bellisle indicates is a lesbian symbol. Ms. Bellisle alleged that Mr. Miller made two offensive comments about her sexual orientation in the text message exchanges. Ms. Bellisle told Mr. Miller that the comments were offensive, but she did not report this to anyone at Landmark.

On January 5, 2014, while she was working the night shift, Ms. Bellisle dyed her hair in the sink of the hospital’s break room. Dr. John Jardine, who observed this behavior, reported the incident to Ms. Bellisle’s supervisor, Melissa Frias. The next day, Ms. Frias met with Ms. Bellisle to discuss Dr. Jardine’s report. Ms. Belli-sle admitted to dyeing her hair, but asserted that she was on an unpaid break, even though she also admitted that she did not notify anyone that she was taking a break. Landmark considered terminating her, but instead gave Ms. Bellisle a written warning. Represented by the Union, Ms. Bellisle grieved the discipline because she argued that the break was unpaid.2 Landmark’s chief nursing officer, Charlene Elie denied the grievance at step two.

A few days after the hair dyeing discipline, Ms. Bellisle e-mailed Ms. Frias that she would be unable to work because her daughter’s father had passed away. She then e-mailed the president, human resources director, and chief nursing officer to report her belief that on a number of occasions Dr. Jardine communicated with her less than he did with other employees because of her sexual orientation. Ms. Elie responded to Ms. Bellisle’s e-mail and informed her that Landmark would conduct an investigation. Approximately a week later, Ms. Bellisle dropped her claims of discrimination against Dr. Jardine while continuing to maintain that he had treated her in an unprofessional manner. After-wards, Landmark instructed Dr. Jardine [161]*161to communicate with Ms. Bellisle in a professional manner.

After returning from a one-week leave, Ms. Bellisle sent an e-mail to Ms. Frias stating that she felt that her co-workers were subjecting her to harassment and discrimination because of her sexual orientation. She based this on the fact that she overheard staff speaking about her sexual orientation. Ms. Frias forwarded the email to human resources for further investigation.

On January 15th, several hours after she was disciplined for the hair-dyeing incident, Dr. Jardine and Ms. Frias observed Ms. Bellisle using her cell phone at the nurses’ station, in violation of Landmark’s personal communication device policy. The prohibition on cell phone use had been discussed at a staff meeting five days earlier. Ms. Bellisle signed that she received a copy of the cell phone prohibition policy. Landmark issued Ms. Bellisle a second written warning for violating this policy. Although she declined union representation, the Union filed a second grievance at step two in response to Landmark’s disciplinary action.

In February 2014, Ms. Frias received a few reports that Ms. Bellisle was verbally abusive to co-workers and patients. First, Mr. Frias received a report that after getting into an argument with a doctor, Ms. Bellisle berated him to other staff members. Second, a co-worker informed Ms. Frias that Ms. Bellisle was arguing loudly with a psychiatric patient and when confronted, Ms. Bellisle stormed out of the room. Third, Landmark’s risk manager informed Ms. Frias that a patient’s family called to complain that she heard Ms. Bel-lisle telling a patient, “Shut up, shut up! You did this to yourself. You are a cocaine addict.” Lastly, a fellow nurse observed Ms. Bellisle swearing at a doctor in front of a patient. Landmark supervisory personnel were preparing a third warning to Ms. Bellisle about her behavior when Landmark terminated her employment for the incident that ultimately became the straw that broke the camel’s back.

That same month, a Landmark employee reported that she observed Ms. Bellisle with a taser while at work at the hospital. Ms. Bellisle denied bringing the weapon to the hospital, yet she had posted to her Facebook page, “I think it should be legal for nurses on duty to carry tasers ... many animals out there these days.” Landmark conducted an investigation, in which three employees reported that they observed Ms. Bellisle possessing a taser at the nurses’ station. Landmark concluded that Ms. Bellisle had brought an illegal weapon to work. It terminated her employment. Ms. Bellisle’s union representative filed a grievance at step three in response to the termination.

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Cite This Page — Counsel Stack

Bluebook (online)
207 F. Supp. 3d 153, 2016 U.S. Dist. LEXIS 130392, 2016 WL 4987119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bellisle-v-landmark-medical-center-rid-2016.