Catherine Willis v. Childrens Hospital of Pittsbur

808 F.3d 638, 2015 U.S. App. LEXIS 22308, 128 Fair Empl. Prac. Cas. (BNA) 776, 2015 WL 9286713
CourtCourt of Appeals for the Third Circuit
DecidedDecember 22, 2015
Docket15-1526
StatusPublished
Cited by428 cases

This text of 808 F.3d 638 (Catherine Willis v. Childrens Hospital of Pittsbur) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Catherine Willis v. Childrens Hospital of Pittsbur, 808 F.3d 638, 2015 U.S. App. LEXIS 22308, 128 Fair Empl. Prac. Cas. (BNA) 776, 2015 WL 9286713 (3d Cir. 2015).

Opinion

OPINION

VAN ANTWERPEN, Circuit Judge.

Appellant Catherine Willis appeals the final decision of the U.S. District Court for the Western District of Pennsylvania granting University of Pittsburgh Medical Center Children’s Hospital of Pittsburgh’s (“Children’s”) Motion for Summary Judgment on her Age Discrimination in Employment Act of 1967 (“ADEA”) and Pennsylvania Human Relations Act (“PHRA”) claims. For the following reasons, we will affirm the decision of the District Court.

*641 I. Factual Background and Procedural History

A Factual Background

Viewing the record in a light most favorable to the nonmovant, Willis, the facts in this case are as follows. Willis worked as a Neonatal Nurse Practitioner (“NNP”) at Children’s from August 16, 1993 until her termination on January 13, 2012. (A-375). From 2001 until 2011, Willis served as co-lead NNP. (A-84, A-87). At all times relevant to the instant action, Margaret Lamouree, the nurse manager for the newborn intensive care unit (“NICU”) was Willis’s supervisor. (A-85-A-86). Lamouree’s supervisors were Cynthia Va-lenta and Diane Hupp. (A-85-A-86). From August 2011 through January 2012, Children’s issued disciplinary warnings to Willis for her conduct in three distinct incidents, the relevant details of which are included below.

The first disciplinary incident took place one morning in mid-August 2011. While on duty, Willis received a call that she was needed in the room of a patient who had recently undergone surgery necessitating an endotracheal tube. (A-105-A-106). In the hallway on her way to assist the patient, Willis passed a nurse who remarked to Willis that the patient’s tube must be out. (A-106). In response, Willis stated, “[t]hat fuckin [sic] tube better not be out, I’ll fuckin [sic] kill someone.” (A-346). The patient’s father was in the room at the time, but did not hear Willis’s statement. (A-278-A-279). Willis received a final written warning regarding this incident in early September, which stated that she would be removed from her role as a co-lead NNP. 1 (A-344).

Later that month, after she received the written notice of the warning and demotion, Willis attended a meeting at which Lamouree and Valenta were present. (A-86-A-87). At the meeting, clinical leadership explained that the co-lead NNP role was changing to include a greater focus on administrative and budgetary duties, rather than patient care. (A-87-A-88). Willis was interested and thought she was qualified for the role, but felt that Lamouree and Valenta coerced her to step down. (A-88).

The second disciplinary incident took place in early January 2012. One evening while Willis was on duty, another nurse indicated she was looking for someone to start an intravenous line on a patient. Frustrated with the nurse, whom Willis believed to be inexperienced, and concerned that there was not enough time to look for someone else, Willis started the line herself. (A-112). Afterwards, Willis approached the NICU clinical leadership to express her concerns about the inexperience of some of the nursing staff. (A-113-A-114). Willis raised her voice loud enough for the NICU supervisor Missy Locke, who was nearby, to hear her. (A-114-A-115). A week later, Lamouree sent Jenelle Taylor in Human Resources an email summarizing her conversation with Willis about the incident. (A-347-A-348). Lamouree’s email stated that Willis became defensive when Lamouree told her the clinical leaders were offended by how Willis handled the situation. (A-347-A-348). When Lamouree asked Willis if she thought that she could have communicated her concerns without yelling, Willis said, “[n]ever mind I’m always wrong” and walked out of the room. (A-347-A-348). *642 Willis denies yelling, but otherwise agrees with Lamouree’s characterization of the incident. (A-122-A-125).

The third disciplinary incident occurred one night the following week when Willis was near the end of her shift. On any shift, all the NICU nurses are split into two teams, blue and green. (A-384). Willis, who was assigned to the green team that night, received a patient who was assigned to the blue team, but did not perform a history and physical or complete admission orders, as required. (A-127-A-129). There is some confusion about who was supposed to take care of. these tasks. Willis contends that another nurse, Holly Bernardi, who was assigned to the blue team that night, was responsible. (A-129).

Concerned that this patient’s care fell through the cracks, Hupp called both Willis and Bernardi at home after their shifts to discuss the incident. Hupp documented the call with Willis in an internal memo. (A-350). Willis told Hupp that she thought she had placed the admission orders, but, as Bernardi was aware, this was the extent of the responsibility Willis assumed. (A-350). The next day, Willis emailed Hupp about their conversation the previous night regarding the incident, and stated that she put the admission orders in and relayed this information to Bernardi. (A-351). Hupp forwarded the email to Taylor in Human Resources. (A-351). At her deposition, Willis again stated that the patient was Bernardi’s and not her responsibility at all, but that she completed the admission orders, which Bernardi knew. (A-127-A-128). Hupp’s internal memo, the contents of which Willis does not dispute, indicates that Willis left without completing the patient’s admission orders. (A-129, A-350). Willis also told Hupp that it was common practice for nurses to complete admission orders received at the end of their shift, but then pass along the physical and history to those in the oncoming shift. (A-128-29, A-350). When Lamouree asked Willis if this is what she did that night, Willis said that it had been “very busy” and she was unable to recall to whom she had reported about the patient. (A-350).

Two days after this incident, on January 13, 2012, Hupp, Valenta, and Lamouree met with Willis to terminate her employment. (A-156, A-342-Ar343). Willis was sixty-one years old at the time of her termination, making her a member of a protected class under the ADEA and the PHRA. (A-76).

B. Procedural History

Willis filed a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”) in April 2012. (A-352-A-355). The EEOC closed Willis’s case and issued a right to sue letter in November 2012. (A-38). Willis brought suit against Children’s in the Western District of Pennsylvania on January 28, 2013. After Children’s filed an Answer to the Complaint, Willis filed an Amended Complaint, to which Children’s filed an Answer. 2 (A-24-A-26). The District Court, (Flowers Conti, J., C.J.), granted Children’s- Motion for Summary Judgment on both claims. (A-22). This timely appeal followed. (A-l).

*643 II. Discussion 3

A. Standard of Review

We exercise plenary review over a district court order granting summary judgment. Simpson v. Kay Jewelers, Div. of Sterling, Inc.,

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808 F.3d 638, 2015 U.S. App. LEXIS 22308, 128 Fair Empl. Prac. Cas. (BNA) 776, 2015 WL 9286713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/catherine-willis-v-childrens-hospital-of-pittsbur-ca3-2015.