Jennifer Hitchcock v. Angel Corps Incorporated

718 F.3d 733, 2013 WL 2507243, 2013 U.S. App. LEXIS 11761, 97 Empl. Prac. Dec. (CCH) 44,847, 118 Fair Empl. Prac. Cas. (BNA) 1097
CourtCourt of Appeals for the Seventh Circuit
DecidedJune 11, 2013
Docket12-3515
StatusPublished
Cited by89 cases

This text of 718 F.3d 733 (Jennifer Hitchcock v. Angel Corps Incorporated) 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
Jennifer Hitchcock v. Angel Corps Incorporated, 718 F.3d 733, 2013 WL 2507243, 2013 U.S. App. LEXIS 11761, 97 Empl. Prac. Dec. (CCH) 44,847, 118 Fair Empl. Prac. Cas. (BNA) 1097 (7th Cir. 2013).

Opinion

WILLIAMS, Circuit Judge.

Plaintiff Jennifer Hitchcock alleges that Angel Corps, a home care agency, fired her because she was pregnant, in violation of the Pregnancy Discrimination Act. Angel Corps proffered multiple explanations for why Hitchcock was fired, all revolving around a bizarre incident involving the death of a 100-year-old potential client. After both parties consented to adjudication of the matter before the magistrate, he granted Angel Corps’s motion for summary judgment. We find that this was error. Hitchcock submitted evidence that the supervisor who fired her expressed animus towards pregnant women and treated Hitchcock differently after learning she was pregnant, only a few weeks before she was fired. Angel Corps’s many explanations for Hitchcock’s termination were shifting, inconsistent, facially implausible, or all of the above. Therefore, a reasonable jury could conclude that Angel Corps’s explanations were lies, and that Hitchcock was fired because she was pregnant. So we reverse and remand.

I. BACKGROUND

Since Angel Corps moved for summary judgment, we construe the facts in the light most favorable to Hitchcock to the extent that there is a material dispute. Angel Corps is a non-medical home care agency that performs personal care services for its clients. In October 2008, Hitchcock was hired as a client services supervisor, which generally required her to perform new client admissions and assess the new client’s needs to help Angel Corps determine what services ought to be provided.

In late January 2010, Hitchcock learned that she was pregnant. She told a few coworkers in late February or early March, and word got to her immediate supervisor after about a week. During a meeting with the supervisor on March 25 (at which point Hitchcock was only three months pregnant), the supervisor asked Hitchcock whether she was “quitting” after she gave birth. Hitchcock said it was too early to say, and that such a big decision could not be made for a few more months. The supervisor said Hitchcock needed to make *735 a decision “as soon as possible” so as to have “continuity of care for our clients,” and Hitchcock said she would give a minimum of 30 days’ notice.

After this conversation, the supervisor began to significantly increase Hitchcock’s workload. She started directing all client problems to Hitchcock even if the client insisted on speaking with the supervisor, a change from past practice. She made Hitchcock complete certain monthly reports for which the supervisor was previously responsible, assemble “new admission packets” that were previously handled by an administrative assistant, and perform certain marketing duties that a separate marketing director was already charged with doing. She also began to meet with Hitchcock on a weekly basis to “scrutinize” her progress for the week, which also had never been done before she learned of Hitchcock’s pregnancy. The supervisor levied these increased responsibilities even though she had long been aware that Hitchcock could not work more than 40 hours a week because of child care issues, which meant that Hitchcock had to do more work in a shorter amount of time. As a result, Hitchcock felt it was “nearly impossible” to complete these tasks.

Hitchcock also proffered evidence of her supervisor’s attitude towards pregnancy through an affidavit of a former co-worker. According to the co-worker’s affidavit, shortly after the supervisor became aware of her pregnancy in early 2009, the supervisor said that because she already had two children and seemed to have enough “trouble” with them, she needed to “think about how much trouble” she would have with three children regarding her “attendance,” and said, “If I were you I would have an abortion.” (The co-worker was eventually fired, but for reasons that are irrelevant to this suit.)

The event that Angel Corps claims was the cause for Hitchcock’s firing occurred on April 5. That day, Hitchcock went to the home of a new client to do an intake and assessment. She was originally scheduled to visit her on March 31 but she called in sick and had to postpone the visit. The client was 100 years old and living with her son. When Hitchcock went into the home, she first went through the paperwork with the son, during which he expressed his “vehement” refusal to allow any medical agency into his home, said that “all doctors are pill pushers” and that his mother would never be put on any medication or see a doctor because he did not trust them. (Recall that Angel Corps technically does not provide medical services.) The son then said that his mother had been refusing nourishment and fluids the last few days, so Hitchcock recommended that he reach out to a hospice for end-of-life care. The son reiterated his opposition to medical care.

After completing the paperwork, Hitchcock asked to see his mother. The son “reluctantly” led her to the bedroom, opened the door, and walked to the bedside while Hitchcock was positioned in the doorway. From that vantage point, Hitchcock could only see the mother’s backside which was covered with a sheet, and the son stood between Hitchcock and his mother the entire time. The son began pointing to areas of the room to explain where her clothes and other items were stored, which Hitchcock perceived was an attempt to divert her attention from the mother. From the doorway, Hitchcock tried to look for signs of breathing or the client’s own volitional movement and saw none. Hitchcock also saw brown stains on the pillow case and asked the son if that was blood, but the son said it was simply the Ensure that he tried to give her that morning, which he said she spat out. At that moment, the son stepped towards *736 Hitchcock, turned off the light, and shut the door, backing Hitchcock into the hallway. Hitchcock felt like she had just stepped “into a horror movie” and feared for her safety. Contributing to her fear was the son’s apparent hostility to medical care and also what Hitchcock perceived was mental instability. She quickly thanked the son, said that a caregiver would be sent the next day, and left.

Shaken and distraught, Hitchcock drove straight to the Angel Corps office, a 10-to-15 minute drive, and went directly to her supervisor. Hitchcock relayed everything to her, including the son’s odd behavior (there is vigorous dispute about whether the evidence shows that Hitchcock specifically told the supervisor that she feared for her safety, but this fact turns out to be unnecessary to our analysis). The supervisor asked Hitchcock if she should call emergency personnel, and Hitchcock said yes, because the client “was possibly dying, or already dead.” The supervisor contacted Adult Protective Services (“APS”) and left a message. APS called her back 30 minutes later and directed the supervisor to call 911, and the supervisor called the police. An ambulance was sent, and it was confirmed that the client had died. The supervisor then told Hitchcock to enter the client’s admission into the computer; according to Hitchcock, though admission paperwork may be completed early on, the admission itself is not “complete” until it is entered into the computer. On April 16, Angel Corps suspended all of Hitchcock’s client visits pending its investigation into the incident, which eventually revealed, among other things, that the client had been dead for two or three days by the time Hitchcock visited her. On May 3, Hitchcock was fired.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
718 F.3d 733, 2013 WL 2507243, 2013 U.S. App. LEXIS 11761, 97 Empl. Prac. Dec. (CCH) 44,847, 118 Fair Empl. Prac. Cas. (BNA) 1097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jennifer-hitchcock-v-angel-corps-incorporated-ca7-2013.