Johnson v. St. Luke's Hospital

307 F. App'x 670
CourtCourt of Appeals for the Third Circuit
DecidedJanuary 23, 2009
Docket07-4467
StatusUnpublished
Cited by8 cases

This text of 307 F. App'x 670 (Johnson v. St. Luke's Hospital) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. St. Luke's Hospital, 307 F. App'x 670 (3d Cir. 2009).

Opinion

OPINION

TASHIMA, Circuit Judge.

Annette Johnson (“Johnson”) appeals the District Court’s grant of summary judgment in favor of her former employer, St. Luke’s Hospital (“St. Luke’s”), on her claim that she was terminated on account of her race in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981. We have jurisdiction to review the District Court’s decision under 28 U.S.C. § 1291, and will affirm the grant of summary judgment.

Because we write for the parties, we recite only those facts necessary to our analysis of the issues presented on appeal. Our review of a grant of summary judgment is plenary and “we must grant all reasonable inferences from the evidence to the nonmoving party.” Knabe v. Boury Corp., 114 F.3d 407, 410 n. 4 (3d Cir.1997). The moving party carries the burden of demonstrating the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

Johnson, an African-American woman, began working at St. Luke’s on November 28, 2000, as a personal care assistant in the personal care service department. Subsequently, she sought and secured employment in the hospital’s phlebotomy department, and began working as a phlebotomist on March 5, 2002. Her employment in that department continued through January 19, 2006, when St. Luke’s officially terminated her. According to St. Luke’s, the hospital terminated Johnson because she had “shown that [she was] either unwilling or unable to comply with St. Luke’s standards of performance/customer service expectations and [her] behavior clearly [demonstrated] a pattern of repeated failure to interact appropriately with [her] co-workers.... ”

Because this is a Title VII claim, we employ the Supreme Court’s McDonnell Douglas-Burdine burden-shifting analysis. 1 See St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993); Tex. Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981); McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973).

Under this framework, Johnson must first make out a prima facie case of employment discrimination. Id. at 802, 93 S.Ct. 1817. If a plaintiff establishes a prima facie case, the burden then shifts to the defendant to proffer a legitimate, nondiscriminatory reason, for the plaintiff’s discharge. Id. If the defendant establishes a legitimate reason for the discharge, the burden shifts back to the plaintiff, who must then show that the defendant’s proffered reason is pretextual. Id. at 804, 93 S.Ct. 1817.

Even when viewed in the light most favorable to Johnson, the record does not contain sufficient evidence to establish the elements of a prima facie case of employment discrimination. In order to establish a prima facie case, Johnson must show that she: (1) is a member of a protected class; (2) was qualified for the position she *672 held; (3) was fired from that position; and (4) suffered adverse action under circumstances that give rise to an inference of discrimination. Jones v. Sch. Dist. of Phila., 198 F.3d 403, 410-11 (3d Cir.1999). The parties do not dispute that Johnson has satisfied the first three elements; however, we agree with the District Court that she has failed to satisfy the fourth.

Johnson relies on a disparate treatment theory to establish an inference of racial discrimination. To proceed in this fashion, Johnson mush show that St. Luke’s treated her less favorably than similarly situated employees who were not in her protected class. Doe v. C.A.R.S. Protection Plus, Inc. 527 F.3d 358, 366 (3d Cir.2008). Further, Johnson must establish a “causal nexus” between the alleged disparate treatment and St. Luke’s decision to terminate her employment. See Sarullo v. U.S. Postal Serv., 352 F.3d 789, 798 (3d Cir.2003).

Johnson’s evidence of disparate treatment consists solely of assertions contained within her own affidavit. The affidavit recounts several incidents where Johnson claims that St. Luke’s treated her unfairly. Each of the incidents set forth in her affidavit fails to raise an inference of discrimination because they are either (1) purely speculative; (2) unsupported by facts in the record; or (3) factually unrelated to St. Luke’s decision to terminate her employment.

The majority of Johnson’s disparate treatment allegations fall into the first category — the purely speculative. For example, Johnson claims that her supervisor, Marie Koehler, allowed white employees to take time off of work for personal appointments, but would not allow Johnson to do so, and that only white employees were permitted to drink coffee in workrooms. These examples are not reflective of Johnson’s personal knowledge or of corroborating evidence; indeed, they are purely speculative and conelusory. 2 “A non-moving party may not ‘rest upon mere allegations,’ general denials or ... vague statements .... ” Trap Rock Indus., Inc. v. Local 825, 982 F.2d 884, 890 (3d Cir.1992) (quoting Quiroga v. Hasbro, Inc., 934 F.2d 497, 500 (3d Cir.1991)); see also Fed. R.Civ.P. 56(e) (stating that judgment “shall be entered” against a nonmoving party unless affidavits or other evidence “set forth specific facts showing that there is a genuine issue for trial.”).

Several of Johnson’s allegations fall into the second category — those where there is no suggestion that employees of a different race were treated differently. For example, Johnson claims that her supervisor, Marie Koehler, along with a hospital administrator, Cindy McKellin, unfairly wrote her up for workplace misconduct. However, there is no evidence in the record suggesting that other employees were treated differently. To the contrary, St.

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307 F. App'x 670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-st-lukes-hospital-ca3-2009.