Dailey v. Elkton SNF, LLC

CourtDistrict Court, D. Maryland
DecidedOctober 3, 2025
Docket1:25-cv-01828
StatusUnknown

This text of Dailey v. Elkton SNF, LLC (Dailey v. Elkton SNF, LLC) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dailey v. Elkton SNF, LLC, (D. Md. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

DAILEY *

* Plaintiff, * v. Case No. 1:25-cv-1828-JMC * ELKTON SNF, LLC, ET AL. * Defendants.

* * * * * * * * * * * * * * * * * MEMORANDUM OPINION AND ORDER Plaintiff Shirley Dailey (“Plaintiff”) initiated the present lawsuit on June 9, 2024, against her former employer, Elkton SNF, LLC and its affiliate, Elkton Health Holdco LLC (“Defendants”). (ECF No. 1). The lawsuit arises from alleged hostile work environment discrimination, adverse employment decision discrimination, failure to accommodate, and retaliation in connection with Plaintiff’s leg amputation disability. Id. Plaintiff asserts unlawful disability discrimination and adverse employment decision violations of the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (the “ADA”) and Md. Code Ann., State Gov’t § 20- 601, et seq. (“MFEPA” or “FEPA”) (Count I); unlawful failure to accommodate violations of the ADA and MFEPA (Count II); and unlawful retaliation violations of the ADA and MFEPA (Count III). (ECF No. 1). Presently before the Court is Defendants’ Motion to Partially Dismiss Counts I and II. (ECF No. 16). The motion has been fully briefed (ECF Nos. 16, 17, 18) and no hearing is necessary. See Loc. R. 105.6 (D. Md. 2025). For the reasons set forth herein, Defendants’ Motion to Partially Dismiss (ECF No. 16) shall be denied. I. BACKGROUND Defendants employed Plaintiff at the Elkton Nursing and Rehabilitation Center from some time before January 2021 to July 22, 2024. (ECF No. 1 at 3, 8 ).1 After suffering an adverse reaction to two Covid-19 vaccine injections, Plaintiff “underwent a below-the-knee amputation of her right leg” on March 7, 2022. Id. at 4. Three days later, she “underwent a second amputation of the right leg, this time above her knee. Id. Plaintiff sought leave under the Family Medical Leave Act for her recovery from the amputation, which she was granted. Id. at 5. While on leave, Plaintiff “underwent physical therapy and was fitted with a prosthetic leg.” Id.

Plaintiff returned to work on July 19, 2022, as a Full-Time Licensed Practical Nurse. Id. Upon returning to work, now with an amputated leg, Plaintiff alleges Defendants granted Plaintiff “reasonable accommodations” that would “allow her to transition into a role where she was not required to perform the physically demanding functions of her job.” Id. at 9. Then, “[l]ess than a week after returning to work, [Plaintiff] received a letter stating that her employment status was being changed from Full-Time Licensed Practical Nurse to Part-Time Practical Nurse.” Id. at 5. Plaintiff asserts she was “internally referred to as a ‘clinical assistant.’” Id. Plaintiff asserts that in May of 2023, her employment status changed again to a “Full-Time Minimum Data Set Coordinator.” Id. at 6. Plaintiff asserts that “Defendants subjected her to a work environment that was severely

and pervasively hostile and offensive based upon her disability and need for accommodation.” Id. Specifically, the “handicap parking space reserved for [Plaintiff] was frequently used by other employees who were not disabled, and [Plaintiff] was yelled at and derided when she asked them to move.” Id. “On one occasion, an employee of Defendants saw [Plaintiff’s] attire and asked,

1 When the Court cites to a specific page number or range of page numbers, the Court is referring to the page numbers provided in the electronic filing stamps located at the top of every electronically filed document. Where a document does not have an electronic filing stamp, the Court is referring to the page numbers at the bottom of the document. ‘why would you wear a dress with that?’ referring to her prosthetic leg.” Id. According to Plaintiff, she reported “this hostile work environment to her supervisors via email on January 31, 2024” and “sent a follow-up email [on] February 12, 2024.” Id. According to Plaintiff, “both emails unequivocally complained of discriminatory mistreatment” and were both “unanswered.” Id. In March of 2024, Plaintiff’s employment status was “changed once more…to Full-Time

Infection Prevention and Control/Quality Assurance.” Id. at 6-7. She “acknowledged and agreed to this change only after being told she would be terminated if she refused.” Id. at 7. With respect to this position, Plaintiff asserts Defendants assured her that “she would receive adequate training, assistance, and credentialing to succeed in her new roles, which were outside of [her] expertise, qualifications, and licensed scope of practice.” Id. Plaintiff “respectfully emailed Defendants multiple times from March 2024 through July 2024 expressing concerns as to the lack of training and assistance she received in her new role.” 2 Id. Then, “[a]fter one such email, [Plaintiff] was written up for not ensuring that other nurses were charting properly even though [she] was never informed this responsibility was included in her new position.” Id. With respect to training,

Defendants told Plaintiff “to attend her job training courses on zoom while actively working at the facility, making it impossible for [Plaintiff] to devote adequate time to trainings.” Id. Plaintiff further alleges that despite an accommodation that sought to allow her to transition into a role that

2 Plaintiff alleges she also reported “many problems at the facility” including

Dirty ice chests used by residents with standing water present, a lack of clean paper towels for nurses to dry their hands after washing, a cracked shower seat, dirty curtains in residents’ rooms, mold on scooters used by residents, dirty fridges in the nutrition room, an incident where a nurse hit a resident with her car and remained employed by the facility, nurses refusing to clean the showers between their use by residents, maintenance refusing to sanitize ice machines, nurses not charting appropriately, nurses not washing their hands, glucometers not being cleaned in between uses, bedpans not being cleaned, and infections not being documented correctly by doctors and nurses at the facility.

(ECF No. 1 at 7). did not require her to “perform the physically demanding functions of her job,” she “routinely worked 12-hour days at the Defendants’ command. Id. at 9-10. While working as a Full-Time Infection Prevention and Control/Quality Assurance, Plaintiff learned that one of her new responsibilities included “adding certain papers to employee files.” Id. at 8. When doing so, she “discovered the facility only had employee files from 2018

onward and her own employment file was missing.” Id. “After informing Defendants, [Plaintiff] was instructed to get rid of those files because, ‘the state will feed on what is there.’” Id. Thereafter, Plaintiff “expressed frustration and confusion via email on July 12, 2024, regarding her task of ‘getting rid of’ the employee files amongst other complaints of disability discrimination.” Id. Plaintiff alleges that on that same day, she “was written up for insubordination and suspended pending an investigation.” Id. Then, Plaintiff was “terminated on July 22, 2024” after the investigation was complete. Id. With the foregoing facts in mind, Plaintiff contends she has been the target of discrimination because “Defendants created and maintained a workplace pervaded by severely

hostile and offensive harassment of [Plaintiff] based upon her disability and request for accommodation.” Id. at 10. Plaintiff “promptly filed a Charge of Discrimination with the Equal Employment Opportunity Commission (“EEOC”) alleging disability discrimination and retaliation.” Id. at 8. Thereafter, the EEOC issued a “Right to Sue” letter on March 21, 2025. (ECF No. 1-2 at 2).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

McDonnell Douglas Corp. v. Green
411 U.S. 792 (Supreme Court, 1973)
National Railroad Passenger Corporation v. Morgan
536 U.S. 101 (Supreme Court, 2002)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Hoyle v. FREIGHTLINER, LLC
650 F.3d 321 (Fourth Circuit, 2011)
Edwards v. City of Goldsboro
178 F.3d 231 (Fourth Circuit, 1999)
Benjamin Reynolds v. American National Red Cross
701 F.3d 143 (Fourth Circuit, 2012)
Lamont Wilson v. Dollar General Corporation
717 F.3d 337 (Fourth Circuit, 2013)
Humphrey v. National Flood Insurance Program
885 F. Supp. 133 (D. Maryland, 1995)
Dewitt v. Proctor Hospital
517 F.3d 944 (Seventh Circuit, 2008)
Petry v. Wells Fargo Bank, N.A.
597 F. Supp. 2d 558 (D. Maryland, 2009)
Foster v. University of Maryland-Eastern Shore
787 F.3d 243 (Fourth Circuit, 2015)
Michael Woods v. City of Greensboro
855 F.3d 639 (Fourth Circuit, 2017)
Matthew Perkins v. International Paper Company
936 F.3d 196 (Fourth Circuit, 2019)
Pickering v. Virginia State Police
59 F. Supp. 3d 742 (E.D. Virginia, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
Dailey v. Elkton SNF, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dailey-v-elkton-snf-llc-mdd-2025.