Faulk v. Shinseki

216 F. Supp. 3d 752, 2016 U.S. Dist. LEXIS 147843, 100 Empl. Prac. Dec. (CCH) 45,666, 2016 WL 6240384
CourtDistrict Court, W.D. Louisiana
DecidedOctober 25, 2016
DocketCIVIL ACTION NO. 13-3129
StatusPublished

This text of 216 F. Supp. 3d 752 (Faulk v. Shinseki) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Faulk v. Shinseki, 216 F. Supp. 3d 752, 2016 U.S. Dist. LEXIS 147843, 100 Empl. Prac. Dec. (CCH) 45,666, 2016 WL 6240384 (W.D. La. 2016).

Opinion

MEMORANDUM RULING

ELIZABETH E. FOOTE, UNITED STATES DISTRICT JUDGE

Pending before the Court is a Motion for Summary Judgment [Record Document 32] submitted by Defendant, Eric'Shinseki, in his capacity as the United States Secretary of Veterans Affairs, which prays for this Court to dismiss all claims brought against him by Plaintiff, Nancy Faulk. Plaintiff asserts claims of discrimination and retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e, et seq. Upon consideration of the briefs filed by the parties and for the reasons stated below, Defendant’s motion for summary judgement is GRANTED with respect to the discrimination claim and DENIED with respect to the retaliation claim.

BACKGROUND

This case arises out of Plaintiffs employment at Overton Brooks Veterans Affairs Medical Center (the “medical center”), located in Shreveport, Louisiana. In August of 2010, Plaintiff (Caucasian) was employed as the Associate Chief Nurse (“ACN”) for Acute Care and Mental Health, Nurse IV. Plaintiff was one of four Associate Chief Nurses. The other three ACNs were Kim Banks (“Banks”) (African American), Harriet Cunningham (“Cunningham”)' (African American), and Imogene Thompson (“Thompson”) (Caucasian). All four ACNs worked under the supervision of Nurse Executive Beverly Rashad (“Rashad”) (African American).

In August of 2010, Plaintiff, Rashad, the other three ACNs, and other medical center staff members were part of an investigation into allegations that nursing staff members had signed and/or initialed “standard operating procedures and required competency reviews for Reusable Medical Equipment” on behalf of other staff members. Record Document 51, p. 4. The allegations were essentially that Plaintiff and others initialed and/or signed training verification documents on behalf of Renna Tol-bert-Ford (“Tolbert-Ford”) (African American), a nurse manager at the medical center. Upon questioning, Plaintiff admitted that she “placed Ms. Tolbert-Ford’s initials on several [of] the competency checklists after being assured the competency checklists had [been] completed.” Record Documents 32-7, p. 7; 51, pp. 3-4. Plaintiff alleged that she and the other ACNs initialed the documents at the instruction of their supervisor, Rashad. She also claimed that the competency documents were already signed by Tolbert-Ford, and that she and the other ACNs were simply adding Tolbert-Ford’s initials to sections within the documents. Record Document 32-7, p. 7. All four ACNs admit[756]*756ted initialing the documents, and on August 20, 2010, all four ACNs (including Plaintiff) were placed on administrative leave. Record Document 51, pp. 4-5. On August 26, 2010, an Administrative Investigation Board (“AIB”) was convened to investigate the matter. All four ACNs, Rashad, and other medical center personnel were interviewed by the AIB.

On September 28, 2010, Plaintiff provided a supplementary statement to the AIB, in which she stated that in early August 2010, she “received information that a preemptive decision to permanently remove the Nurse Executive (Rashad) from her position was being discussed.” Document 32-14, p. 1. In her statement, she questioned whether there was a connection between the ongoing investigation and this rumor she allegedly heard concerning a plan to remove Rashad from her position as Nurse Executive. At the outset of the statement, Plaintiff wrote, “I am aware that I risk reprisal in coming forward with such information.” Id. In that statement, Plaintiff did not mention race; however, Plaintiff alleges that she informed leadership that she believed race was a motivating factor in the events unfolding around the investigation. Document 51, p. 6. Specifically, Plaintiff alleges that she informed the AIB that in early August 2010 she received information that “there was a conspiracy by the VA’s white senior leadership to remove Rashad.” Record Document 39-4, pp. 3—4.

The AIB issued a Report of Investigation on October 15, 2010 which recommended that “[a]ppropriate corrective action be taken in regard to the Nursing staff identified in this report who initialed, signed or otherwise falsified competency documentation .... ” Record Document 32-10, p. 13. All four ACNs were identified in the report. All four ACNs were reassigned upon their return from administrative leave. Record Document 51, p. 8. On December 2, 2010, Sheila Creekmore (“Creekmore”) (Caucasian), the Acting Nurse Executive, issued a letter notifying all four ACNs of the “proposed discharge” she recommended following the AIB investigation. Id. at p. 9; see Record Document 32-15.

After receiving notice of the proposed discharge, Plaintiff applied for the position of Assistant Chief of Mental Health, but was not interviewed. Record Document 51, pp. 9-10. In February 2011, it was announced that a psychiatrist, Ronald Schneider (“Schneider”), was selected for the position. Plaintiff was notified that she was not considered for the position due to administrative error, and after the position was re-announced, Plaintiff reapplied. Plaintiff was interviewed, but Schneider was again chosen for the position. Id. at pp. 10-11.

On March 9,2011, Plaintiff filed a formal grievance wherein she expressed concern that she would not be properly considered for any administoative position at the medical center due to her involvement in the high profile “case” involving the investigation, See Record Document 32-19. In the grievance, Plaintiff stated that she was aware that her “two African-American coworkers (Ms. Cunningham and Ms. Banks) ha[d] made complaints of race discrimination and that their EEO’s [sic] ha[d] been accepted for investigation.” Iff at p. 2. She went on to explain that she supports Cunningham and Banks, and was concerned that she was being retaliated against for her support of their EEO complaints. Iff

In April of 2011, Plaintiff alleges that she requested to be detailed as Deputy Nurse Executive to the Perry Point VA Medical Center in Perry Point, Maryland. Record Document 39-1, p. 13. Plaintiff claims that, while she was not approved to go on the detail, Thompson, another former ACN, was approved to go on detail to [757]*757Las Vegas. Plaintiff further alleges that she had filed an EEO claim, while Thompson had not. Id.; Record Document 51, p. 11.

On April 14, 2011, Kathleen Fogarty (“Fogarty”), Acting Center Director, issued a “final decision” to mitigate the proposed discharge to a reduction in grade for Plaintiff and the other ACNs from Nurse IV to Nurse III. Record Document 51, p. 9. Two of the ACNs (one African American and one Caucasian) retired prior to the effective date of the “final decision.” Id.

Plaintiff alleges that, as a result of her demotion, she suffered a pay decrease of approximately $15,000 annually. By contrast, Plaintiff alleges that Banks, the only remaining ACN still employed with the Veterans Administration, had her salary increased by approximately $600 annually in spite of her demotion. Id. at p. 23.

In addition to these allegations, Plaintiff asserts that she was forced to inactivate her Advanced Practice Nursing License, was not allowed to participate in speaking engagements, and that “actions were taken by the Acting Nurse Executive to have Plaintiff removed from the National Mental Health Field Advisory Committee.” Record Document 1, p. 3. She also claims that she was denied consideration for other positions within the medical center. Record Document 39-1, p. 16.

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216 F. Supp. 3d 752, 2016 U.S. Dist. LEXIS 147843, 100 Empl. Prac. Dec. (CCH) 45,666, 2016 WL 6240384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faulk-v-shinseki-lawd-2016.