Laws v. HealthSouth Northern Kentucky Rehabilitation Hospital Ltd. Parnership

508 F. App'x 404
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 11, 2012
Docket11-6360
StatusUnpublished
Cited by10 cases

This text of 508 F. App'x 404 (Laws v. HealthSouth Northern Kentucky Rehabilitation Hospital Ltd. Parnership) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Laws v. HealthSouth Northern Kentucky Rehabilitation Hospital Ltd. Parnership, 508 F. App'x 404 (6th Cir. 2012).

Opinions

RICE, J., delivered the opinion of the court except for Part III.A.2. SUTTON, J., joined in all parts except Part III.A.2 and delivered a separate opinion, in which CLAY, J., joined and which constitutes the opinion of the court.

RICE, District Judge.

Plaintiff-Appellant Kathleen Laws (“Laws”) appeals from the district court’s order granting summary judgment in favor of Defendant-Appellee HealthSouth Northern Kentucky Rehabilitation Hospital Limited Partnership (“HealthSouth”). Following her termination from Health-South, Laws filed suit alleging violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., Family and Medical Leave Act of 1993 (“FMLA”), 29 U.S.C. § 2601 et seq., and § 510 of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1140. She also brought claims of age and disability discrimination under the Kentucky Civil Rights Act (“KCRA”), Ky.Rev.Stat. § 344.040(l)(a).

I.

Kathleen Laws is a licensed practical nurse who was employed by HealthSouth from 1999 until her termination in October of 2008. Most recently, Laws reported to Lynn Edmondson, who reported to Chief Nursing Officer Debra Fey.

In 2003 and again in 2004, Laws was counseled for poor attendance. In the spring of 2005, her husband, who was covered by her health insurance, was diagnosed with cancer and began radiation treatments. Around that same time, Laws developed an aneurysm behind her left eye and underwent surgery. She took four months of FMLA leave. When she returned to work in October of 2005, she had reduced vision in her left eye, and had decreased endurance. Early in 2006, she missed several more days of work. Laws underwent a second eye surgery in May of 2006, and took additional FMLA leave.

In March 2007, she took more intermittent FMLA leave to address additional complications from the aneurysm. Some of these absences were improperly considered when she was disciplined for excessive absenteeism in June 2007. After Laws complained, HealthSouth agreed that she should not have been disciplined for the FMLA-approved absences. Nevertheless, that disciplinary notice remained in her personnel file.

Her attendance continued to be listed on her annual performance evaluations as an area needing improvement. Laws missed work five times between January and May 2008 and received another verbal counseling concerning her absences. In February 2008, Laws received a verbal warning for insubordination, after she responded rudely to an inquiry from Brenda Gosney, [407]*407HealthSouth’s CEO, about certain chairs that Laws had moved to the nursing station, and then flatly refused to meet with Gosney after work to discuss the incident.

Early in September 2008, Laws took four days off for a cerebral angiogram. On September 16, 2008, the wife of one of her patients expressed concern that her husband, for whom she had power of attorney, was too medicated to participate in therapy. Laws wrote a note in the patient’s chart indicating that his Vicodin should be discontinued per his wife’s wishes. Because Laws wrote this note in the “Physician’s Order” portion of the chart, rather than in the “Progress Notes” section, the medication was discontinued without a doctor’s order. The patient, in tears, subsequently complained of pain, prompting Fey to ask Edmondson to speak to Laws about the incident. Laws admitted the error and promised that it would not happen again. This charting error was eventually reported to the Kentucky Board of Nursing.

On October 1, 2008, Gosney issued Laws a written warning for insubordination after Laws referred to Gosney as “our fearless leader” in the presence of a patient and another employee. When Gosney met with Fey that day to discuss this incident of insubordination, Fey informed Gosney of the Vicodin incident that had occurred two weeks earlier. Fey then decided to suspend Laws for three days, pending further investigation of that incident.

On that same date, Fey and Gosney met with Diane Goldschmidt, HealthSouth’s Human Resources Director, to discuss further options. Goldschmidt wrote a memo to Regional Corporate Human Resources Director Joseph Koehler, recommending that Laws be terminated. In addition to citing the Vicodin incident, Goldschmidt also noted that “Kathy has had other disciplinary issues in the past including attendance and rudeness to the CEO.” In accordance with established policy, Goldschmidt attached all of Laws’ previous disciplinary actions to the memo, including the June 2007 discipline for excessive absenteeism that was based, in part, on FMLA-protect-ed absences. Koehler approved the recommendation to terminate Laws. He maintains that, although he reviewed Laws’ entire disciplinary file, he based his decision solely on the Vicodin incident. Laws was notified of the termination decision on October 3, 2008. She was 55 years old at the time.

Laws subsequently filed suit against HealthSouth, alleging disability and age discrimination under federal and state law, and violations of the FMLA and ERISA. On November 1, 2011, the district court issued a 70-page opinion, granting Defendant’s motion for summary judgment in its entirety. The court held that Laws had not established a prima facie case of age discrimination, disability discrimination, or retaliation or interference under ERISA. The court also granted summary judgment on Laws’ FMLA interference and retaliation claims. With respect to the FMLA retaliation claim, the court presumed that Laws had established a prima facie case, but found that she had failed to produce sufficient evidence of pretext. Laws has appealed the district court’s order.

II.

We review de novo a district court’s grant of summary judgment. Combs v. Int’l Ins. Co., 354 F.3d 568, 576 (6th Cir.2004). Summary judgment is appropriate “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The relevant question is whether there are “disputes over facts that might affect the outcome of the suit under the governing [408]*408law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In determining whether summary judgment is appropriate, all reasonable inferences are drawn in favor of the non-moving party, and all evidence is construed in the light most favorable to that party. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

III.

A.

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508 F. App'x 404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laws-v-healthsouth-northern-kentucky-rehabilitation-hospital-ltd-ca6-2012.