Hart v. Broadway Services, Inc.

899 F. Supp. 2d 433, 2012 U.S. Dist. LEXIS 138278, 2012 WL 4470219
CourtDistrict Court, D. Maryland
DecidedSeptember 26, 2012
DocketCivil Action No. RDB-11-2261
StatusPublished
Cited by7 cases

This text of 899 F. Supp. 2d 433 (Hart v. Broadway Services, Inc.) 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
Hart v. Broadway Services, Inc., 899 F. Supp. 2d 433, 2012 U.S. Dist. LEXIS 138278, 2012 WL 4470219 (D. Md. 2012).

Opinion

MEMORANDUM OPINION

RICHARD D. BENNETT, District Judge.

Plaintiff Ronald K. Hart (“Plaintiff’ or “Mr. Hart”) has filed this pro se employment discrimination action against his former employer, Defendant Broadway Services, Inc. (“Defendant”), alleging race discrimination in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e et seq. Mr. Hart was terminated after Broadway discovered that he had reported to work while intoxicated. He alleges that he was discharged, suffered harassment, and was denied promotional opportunities because of his race. Pending before this Court is Defendant’s Motion for Summary Judgment. The parties’ submissions have been reviewed and no hearing is necessary. See Local Rule 105.6 (D. Md. 2011). For the reasons that follow, Defendant Broadway Services, Inc.’s Motion for Summary Judgment (ECF No. 10) is GRANTED.

BACKGROUND

This Court reviews the facts and all reasonable inferences in the light most favorable to the nonmoving party. Scott v. Hams, 550 U.S. 372, 378, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007). Defendant Broadway Services, Inc. (“Defendant” or “Broadway”) is a contract management company with 1,400 employees who provide housekeeping, security, and transportation services to hospitals and other businesses, including Johns Hopkins Bayview Medical Center (“Johns Hopkins Bay-view”). Def.’s Mot. Summ. J. 1, ECF No. 10. On May 1, 2006, Broadway hired Ronald K. Hart (“Plaintiff’ or “Mr. Hart”), who is an African American male, to serve as a supervisor.in the Environmental Services Department (“EVS”) at Johns Hopkins Bayview. Pl.’s Resp. in Opp. to Mot. Summ. J. 1, ECF No. 14. Mr. Hart’s job involved supervising a housekeeping crew of fifteen to twenty employees who clean hospital rooms, dispose of trash on hospital floors, and perform other maintenance tasks. See Pl.’s Exs. 13B & 2C; Kelly. Aff. ¶ 2, ECF No. 10-2.

At the time Mr. Hart was hired, he was required to attend an employee orientation conducted by Broadway’s human resources department. Kelly Aff. ¶ 6. At this orien[436]*436tation, Mr. Hart received Broadway’s Substance Abuse Policy, which specifies that any employee who is “suspected of engaging in misuse, abuse, or illegal use of alcohol, drugs or controlled substances” may be required to submit to a drug test. Substance Abuse Policy 1, ECF No. 10-4; Kelly Aff. ¶ 6. Under the Substance Abuse Policy, an employee testing positive for drugs or alcohol is subject to discharge. Substance Abuse Policy 1-2. Mr. Hart signed the Substance Abuse Policy on April 28, 2006. Id. at 3. Broadway’s Standards of Conduct, which Mr. Hart also received at orientation, lists “reporting to work while under the influence” of an intoxicant as the violation of a major disciplinary rule, justifying immediate suspension pending discharge. Standards of Conduct, ECF No. 10-5.

Mr. Hart performed his supervisory duties without incident from the time he was hired until 2007. Def.’s Mot. Summ. J. 2; Pl.’s Resp. in Opp. 1. Indeed, Mr. Hart received several positive evaluations and more informal compliments on his work throughout his career at Broadway. For example, Mr. Hart received “highly effective” or “outstanding” performance evaluations for the employment periods of 2006 through 2007 and 2007 through May 1, 2008. PL’s Resp. in Opp. Exs. 1B-9B. A few times over the course of his employment, Mr. Hart was considered for a “shining star” award, which is given out to the employees of the month. See PL’s Exs. 15B & 16B. In addition, Mr. Hart and his housekeeping crew received an award in 2007 for excellent cleaning of a hospital room, which prevented a stomach virus from spreading throughout the hospital floor. See PL’s Exs. 11B-14B.

Beginning in 2007, however, Mr. Hart’s job performance came under scrutiny at least ten times. Several of these incidents involved Broadway’s weekly departmental performance surveys that Mr. Hart was required to submit to his superior, Assistant Director of EVS Walter Spears (“Mr. Spears”).1 Although Mr. Hart was asked to submit these surveys regularly, he failed to submit his first installment of surveys by the due date, July 30, 2007. Spears Mem. July 30, 2007, ECF No. 10-6. Mr. Spears gave Mr. Hart a “verbal warning” and informed him that his noncompliance would be considered “poor job performance.” Id. Despite this warning, Mr. Hart never turned in his first installment of surveys, prompting Mr. Spears to issue a second verbal warning on December 3, 2007, Spears Mem. Dec. 3, 2007, ECF No. 10-7, and a written warning on December 10, 2007, Spears Mem. Dec. 10, 2007, ECF No. 10-8. Finally, Mr. Spears suspended Mr. Hart for one day without pay for his continued failure to submit the first installment of surveys. Spears Mem. Feb. 25, 2008, ECF No. 10-10. In response to these allegations, Mr. Hart claims that the submission of the weekly departmental performance surveys was “nearly impossible to do.” PL’s Resp. in Opp. 2. He also claims that EVS Director Robert Gair (“Mr. Gair”) reviewed the situation and determined that Mr. Spears’s survey requests were “not reasonable.”2

In 2008 and 2009, Mr. Hart was subject to disciplinary actions on five other occasions before the violation leading to his termination. First, on February 12, 2008, EVS Manager Michael Williams (“Mr. Williams”)3 issued Mr. Hart a verbal [437]*437warning for his poor handling of the disposal of biohazard trash, which caused a safety hazard. Williams Mem. Feb. 12, 2008, ECF No. 10-9. Mr. Hart explains in response that this sort of trash disposal has “always been an issue” because the task “is almost impossible” to do well. Pl.’s Resp. in Opp. 3.

Second, on December 23, 2008, a new EVS Director Katya Petersen (“Ms. Petersen”) 4 issued Mr. Hart a notice of suspension relating to poor job performance that resulted in a patient remaining in the emergency room longer than necessary. Notice of Suspension, Dec. 23, 2008, ECF No. 10-11. Mr. Hart does not contest that the incident in the emergency room happened as Ms. Petersen described it. Nevertheless, he asserts that this disciplinary action was the result of Ms. Petersen’s “desperate attempt to suspend [him],” and that in her notice she included a false statement pertaining to job counseling sessions that Mr. Hart claims never to have attended. PL’s Resp. in Opp. 3.

Mr. Hart’s third suspension came on February 9, 2009, when Mr. Williams penalized him for leaving trash piled up in the hospital during his shift. See Ronald Hart Suspension Statement, ECF No. 10-12. In response, Mr. Hart contended that he was unfairly suspended because the previous housekeeping crew had failed to clean up their share of trash. Id. Mr. Hart now argues that his suspension was supposed to be removed, and that he was eventually paid for the day he was suspended.5

On April 10, 2009, Ms. Petersen issued a final warning to Mr. Hart for “excessive absences.” Petersen Mem. April 10, 2009, ECF No. 10-13. Again, Mr. Hart claims that Ms. Petersen’s warning contained false statements, and he suggests that this warning was her “way of harassing [him].” PL’s Resp. in Opp. 3-4.

Finally, Mr.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
899 F. Supp. 2d 433, 2012 U.S. Dist. LEXIS 138278, 2012 WL 4470219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hart-v-broadway-services-inc-mdd-2012.