Krevinghaus v. Hills & Dales General Hospital, Inc.

190 F. Supp. 3d 694, 2016 U.S. Dist. LEXIS 72371, 2016 WL 3125206
CourtDistrict Court, E.D. Michigan
DecidedJune 3, 2016
DocketCase No. 15-cv-11615
StatusPublished
Cited by1 cases

This text of 190 F. Supp. 3d 694 (Krevinghaus v. Hills & Dales General Hospital, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Krevinghaus v. Hills & Dales General Hospital, Inc., 190 F. Supp. 3d 694, 2016 U.S. Dist. LEXIS 72371, 2016 WL 3125206 (E.D. Mich. 2016).

Opinion

OPINION AND ORDER GRANTING MOTION FOR SUMMARY JUDGMENT AND DISMISSING COMPLAINT WITH PREJUDICE

THOMAS L. LUDINGTON, United States District Judge

Plaintiff Jerry Krevinghaus filed this lawsuit against Defendant Hills & Dales General Hospital, Inc. (“Hospital”) on May 5,2015. He alleges that the Hospital violated . his rights under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., and the Michigan Persons With Disabilities Civil Rights Act (“PWDCRA”), Mich. Comp. Laws 37.1201, by subjecting him to an allegedly unwarranted fitness-for-duty examination and then subsequently terminating his employment.

Defendant moved for summary judgment on March 23, 2016. Def.’s Mot. Summ. J., ECF No. 15. That motion is now under consideration. Defendant argues that Krevinghaus cannot establish that he is “otherwise qualified to perform the essential functions of a position, with or without accommodation.” Demyanovich v. Cadon Plating & Coatings, L.L.C., 747 F.3d 419, 433 (6th Cir.2014). Defendant also argues, in the alternative, that Krevinghaus cannot demonstrate that he was subject to an adverse employment action since it appropriately directed him to undergo a fitness-for-duty evaluation and then properly terminated his employment when he pré-vented the completion of the examination.

I.

Plaintiff Krevinghaus' is a 62-year-old resident of Rhodes, Michigan. Krevinghaus suffers" from Bipolar Disorder.

Defendant Hills & Dales General Hospital is a domestic not-for-profit corporation operating as a hospital in Cass City, Michigan.

A.

Defendant hired Krevinghaus as the “Director of Patient Accounting” on December 6, 2010. The job posting described this position as follows:

Directs, plans organizes, executes and evaluates the activities of Billing functions including Billing Clerk, Patient Accounting Clerks, Credit and Collection Clerk, etc. This position interfaces within all levels of the organization and ensures the efficient billing and collection ' efforts and assures the delivery" of exem'plary service to other hospital depart- " ments, physicians and the public.

Pos’n Descr. 1, Ex. 3, Def.’s Mot. Summ. J., ECF No. 15-4. The job description also contained the following disclaimer at the top of the posting:

The statements below are intended to ■ describe the general nature of accountability for this position. They are not intended to be construed as an exhaustive list of all responsibilities, duties and skills required to ensure the delivery of high quality, appropriate patient/customer care and effective hospital operations.

Id. The job description lists twelve different “Position Accountabilities” that are akin to job duties:

[697]*6971. Support the mission, vision, goals and Standards of Performance of Hills & Dales General Hospital; initiate processes and contribute to the continuous improvement initiatives for enhancing revenue cycle management as . well as processes within other departments..
2. Participate fully as a member of the management team to support the achievements of the hospital and individual objectives; develop and implement programs and plans to achieve hospital and individual goals.
3. Develop operating budgets for assigned areas of accountability and monitor departmental expenses to stay within budget and meet established financial and key performance indicators goals and objectives.
4. Develop, recommend and implement policies, procedures and practices that support employee and organization development and meet required hospital, accrediting and regulatory policies and guidelines including compliance with all federal, state and local laws.
5. Safeguards the public image of the hospital and ensures patient confidentiality at all times.
6. Initiates departmental procedures, creates and executes staff schedules and promotes participation in the hospital’s in-service programs/adult education/college programs to ensure high quality service.
7. Interfaces with patients, employees and hospital departments and physicians.
8. Creates and ensures quality controls, accuracy and check-and-balances in all initiatives to achieve zero patient registration, coding and billing errors and thus minimize duplication of ■ work.
9. Promotes and ensures timely completion and compliance with all depart-méntal deadlines.
10. Directs the activities of billing and collection personnel. Interviews and participates in the selection and hiring of candidates, 30-60-90 day evaluations and coaches employees for improved work performance; participates in corrective action, suspensions and employment terminations when required.
11. Coordinator for the hospital’s arbi- . tration program.
12. Accepts other duties as assigned.

Id. at l-2(sic throughout).

“One or two days after [Krevinghaus] started,” he told the Hospital that he has Bipolar Disorder. Krevinghaus Dep. 39, Ex. 1, Def.’s Mot. Summ. J., ECF No. 15-2. About one year later, “approximately a year after [he] began,” Krevinghaus stopped, taking his medication for his Bipolar Disorder. He did not inform anyone at the Hospital that he had stopped taking his medication.

B.

Almost two years after going off his medication, Krevinghaus’s behavior changed. The Hospital began receiving complaints in the middle of October 2013 about Krevinghaus’s behavior. This .behavior included claims that,- Krevinghaus would - interrupt meetings and prevent members of his. team from asking questions during those meetings. E’ee Compls; 1, 14, Ex. 5, Def.’s Mot. Summ. J.,,ECF No. 15-6. This behavior also occurred at meetings with other hospitals and with vendors. Id.

Krevinghaus was also alleged to have had inappropriate interactions with co[698]*698workers outside of the office setting or related to non-work topics. For example, one coworker’s husband “gives Jerry Kre-vinghaus’[s] wife a massage every week.” Id. at 2. Krevinghaus wanted to take the coworker and her husband to dinner to express his gratitude. Id. When the coworker informed Krevinghaus that her husband was not available for the date Krevinghaus picked, he offered to take only the coworker (Krevinghaus’s wife would also attend the dinner). Id. When the coworker declined, Krevinghaus asked the coworker to get massages with him and his wife. Id. The coworker noted that she was “not trying to get [Krevinghaus] into any trouble” but that she was “just very concerned and want[s] to see him get help if he needs it.” Id.

In another incident, Krevinghaus intercepted a coworker in the parking lot and presented her with “a bottle of wine in a paper sack.” Id. at 3. “He then followed her into the hospital to the registration desk (where she works) and was ‘hugging’ on her.” Id.

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Bluebook (online)
190 F. Supp. 3d 694, 2016 U.S. Dist. LEXIS 72371, 2016 WL 3125206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krevinghaus-v-hills-dales-general-hospital-inc-mied-2016.