Dewitt v. Proctor Hospital

517 F.3d 944, 20 Am. Disabilities Cas. (BNA) 385, 2008 U.S. App. LEXIS 4157, 102 Fair Empl. Prac. Cas. (BNA) 1199, 2008 WL 509194
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 27, 2008
Docket07-1957
StatusPublished
Cited by36 cases

This text of 517 F.3d 944 (Dewitt v. Proctor Hospital) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dewitt v. Proctor Hospital, 517 F.3d 944, 20 Am. Disabilities Cas. (BNA) 385, 2008 U.S. App. LEXIS 4157, 102 Fair Empl. Prac. Cas. (BNA) 1199, 2008 WL 509194 (7th Cir. 2008).

Opinions

EVANS, Circuit Judge.

After she was fired from her job as a registered nurse at Proctor Hospital, 47-year-old Phillis Dewitt sued, alleging “association discrimination” under the Americans with Disabilities Act (ADA) as well as age and gender discrimination. The district court entered summary judgment in [946]*946favor of Proctor. The court also denied Dewitt’s motion for leave to amend her complaint to add a claim of ERISA retaliation. Today we resolve Dewitt’s appeal from those decisions.

In September 2001, Proctor, a hospital in Peoria, Illinois, hired Dewitt to work as a nurse on an “as-needed” basis. Proctor apparently liked how Dewitt did her job because the following month she was promoted to the permanent position of second-shift clinical manager. In that role, Dewitt supervised nurses and other Proctor staff members.

Three years into the job, Dewitt switched to the first-shift clinical manager slot. In the summer of 2005, she switched to a part-time schedule, sharing the responsibilities of second-shift clinical manager with a coworker.

Dewitt, it appears (for we must assume the facts to be as she presents them at this stage of the proceedings), was a valuable employee. In her last evaluation, her supervisor, Mary Jane Davis, described her as an “outstanding clinical manager [who] consistently goes the extra mile.” But things were not quite as rosy as they appeared.

Dewitt and her husband, Anthony, were covered under Proctor’s health insurance plan. Throughout Dewitt’s tenure at Proctor, Anthony suffered from prostate cancer and received expensive medical care. His covered medical expenses were paid by Proctor, which was partially self-insured. It paid for members’ covered medical costs up to $250,000 per year. Anything above this “stop-loss” figure was covered by a policy issued by the Standard Security Life Insurance Company of New York.

Dewitt was able to maintain health insurance coverage for herself and Anthony even during her short part-time stint, since Proctor credited Dewitt with “hospital approved absence” (unpaid time), allowing her to reach the minimum number of hours necessary to qualify for benefits.

Since Proctor was self-insured, it took a keen interest in the medical claims submitted by its employees. Each quarter, in fact, Progressive Benefits Services, the administrator of Proctor’s medical plan, prepared a “stop-loss report” for Linda K. Buck, Proctor’s vice-president of human resources. The report identified all employees whose recent medical claims exceeded $25,000.

The stop-loss reports highlighted Dewitt’s expenses. Although Dewitt was not listed on reports for 2001 and 2002 (indicating that her family’s medical expenses, particularly those of her husband, were less than $25,000), during the next three years Anthony underwent costly medical procedures. In 2003, the Dewitts’ medical claims for Anthony were $71,684. In 2004, the figure jumped to $177,826. In the first eight months of 2005, the expenses were $67,281.50.

In September 2004, Davis confronted Dewitt about Anthony’s high medical claims. Specifically, she asked what treatment Anthony was receiving, and Dewitt responded that he was undergoing chemotherapy and radiation. Davis asked Dewitt if she had considered hospice care for her husband; Dewitt responded that Anthony’s doctor considered less expensive hospice care placement to be premature. Davis explained that a committee was reviewing Anthony’s medical expenses, which she described as unusually high.

In February 2005, Davis again pulled Dewitt aside to ask about Anthony’s treatment. Dewitt informed her that Anthony’s situation had not changed.

In May 2005, Davis organized a meeting for Proctor’s clinical managers. She informed the employees that Proctor faced [947]*947financial troubles, which, according to Davis, required a “creative” effort to cut costs.

Proctor fired Dewitt on August 3, 2005, and designated her as “ineligible to be rehired in the future.” Proctor provided no explanation for its “ineligible for rehire” decision.1 Dewitt’s medical benefits with Proctor continued through the end of August. After that, Dewitt paid for COBRA coverage (which she was able to get for a maximum of 18 months) for herself and her husband. But 18 months, as it turned out, wasn’t necessary as Anthony, a year and a week after Dewitt was fired, gave up his fight with cancer. He died on August 9, 2006.

Dewitt’s age and gender discrimination claims can be quickly resolved. On her age claim, she says she was replaced by a 25-year-old woman named Michelle Patton. But Dewitt’s “evidence” on this point is nothing more than a statement in her affidavit which is not based on her personal knowledge. Proctor, on the other hand, offers personal knowledge from Ms. Buck to the effect that during the two months following Dewitt’s discharge, several different employees (a total of eight is suggested) filled her spot before it was given, permanently, to Sarilee Glover, who was 57 years old. Dewitt’s inability to satisfy the requirement, under the often-cited McDonnell Douglas test, that she was replaced by someone outside the protected group — someone under 40 years of age — dooms her age discrimination claim.

Ditto for her gender discrimination claim, where Dewitt alleges that a male employee with high medical expenses, a chap named Ray Lockhart, was not fired. But Lockhart’s medical expenses were actually quite modest as compared to Dewitt’s. In 2004, his expenses were $4,114.05, a staggering $173,712.32 short of Dewitt’s total. On top of that, Dewitt offers next to nothing about Lockhart’s job responsibilities other than to say he was a registered nurse and an emergency room manager. The district court, on this sparse record, correctly concluded that Dewitt’s gender discrimination claim had to fail because she did not, again as required by the ubiquitous McDonnell Douglas test, identify a “similarly situated” member of the other sex who received more favorable treatment from the hospital.

Now we come to Dewitt’s best claim as she invokes the infrequently litigated “association discrimination” section of the ADA. Under 42 U.S.C. § 12112(b)(4), an employer is prohibited from discriminating against an employee as a result of “the known disability of an individual with whom [the employee] is known to have a relationship or association.” Specifically, she alleges that Proctor fired her to avoid having to continue to pay for the substantial medical costs that were being incurred by her husband under Proctor’s self-insured health insurance plan.

In our seminal case on this issue, Larimer v. International Business Machines Corp., 370 F.3d 698, 700 (7th Cir.2004), we outlined three categories into which “association discrimination” plaintiffs generally fall. We called them (1) expense; (2) disability by association; and (3) distraction. In the “expense” scenario, we noted that an employee, fired because her spouse has a disability that is costly to the employer (i.e., he is covered by the company’s health plan) is within the intended scope of the [948]*948“associational discrimination” section of the ADA.

The McDonnell Douglas

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Bluebook (online)
517 F.3d 944, 20 Am. Disabilities Cas. (BNA) 385, 2008 U.S. App. LEXIS 4157, 102 Fair Empl. Prac. Cas. (BNA) 1199, 2008 WL 509194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dewitt-v-proctor-hospital-ca7-2008.