Lewis v. Jefferson Parish Hospital Service District No. 2

956 F. Supp. 2d 722, 2013 WL 3364360, 2013 U.S. Dist. LEXIS 93632
CourtDistrict Court, E.D. Louisiana
DecidedJuly 3, 2013
DocketCivil Action No. 12-0944
StatusPublished
Cited by4 cases

This text of 956 F. Supp. 2d 722 (Lewis v. Jefferson Parish Hospital Service District No. 2) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lewis v. Jefferson Parish Hospital Service District No. 2, 956 F. Supp. 2d 722, 2013 WL 3364360, 2013 U.S. Dist. LEXIS 93632 (E.D. La. 2013).

Opinion

ORDER AND REASONS

NANNETTE JOLIVETTE BROWN, District Judge.

Before the Court is Defendant Jefferson Parish Hospital Service District No. 2, Parish of Jefferson’s (“Defendant”) Motion for Summary Judgment,1 wherein it seeks the dismissal of Plaintiff Marilyn R. Lewis’s (“Lewis”) complaint. After considering the complaint, the pending motion, the memorandum in support, the opposition, the reply, the record, and the applicable law, the Court will grant the pending motion and dismiss Lewis’s complaint with prejudice.

J. Background

A. Factual Background

Lewis alleges that on August 15, 2011, she was hired by Defendant as a “Patient Access Representative II.”2 She worked in the office of a physician, Dr. McKinnie, in the complex of Defendant in Metairie, Louisiana. Lewis avers that one of her “main job duties was checking' in and checking out patients for treatment.”3 Lewis notes that she was hired by Defendant on a 90-day probationary period and is an African-American woman.4

[724]*724Lewis claims that Karen Copeland (“Copeland”), a Caucasian woman, was office manager for Defendant.5 Lewis contends that throughout her employment with Defendant, she and her African-American co-worker, Bergeron, were “treated unfairly and harshly by Ms. Copeland.”6 Specifically, Lewis alleges that Copeland “talked about [Lewis] and Ms. Bergeron sarcastically and in a negative manner and frequently raised her voice at them. On the other hand, Ms. Copeland treated Ms. Muffett7 [a Caucasian coworker] politely and respectfully.”8

Lewis claims that on November 17, 2011, she was informed that she was being put on administrative leave pending an investigation into allegations made by Copeland.9 Lewis contends that Dr. McKinnie had a meeting with Copeland to discuss the work performance of Ms. Muffett and Bergeron, however, at the meeting, only Ms. Muffett’s work related problems were discussed; nonetheless, on November 29, 2011, Copeland terminated Lewis and “was given the vague and general reason that she had not satisfied her probation.”10 Lewis claims that around the same time Bergeron was also terminated for “not satisfying her probation,” but that Ms. Muffett had no disciplinary action taken against her.11

Lewis contends that she was terminated by Copeland on the basis of her race.12 Lewis brings a cause of action under the Louisiana Employment Discrimination Law13 and Title VII of the Civil Rights Act of 1964,14 claiming that Defendant “failed to have in full force and effect any effective policy regarding illegal workplace discrimination.”15

B. Procedural Background

Lewis filed her action on April 13, 2012, invoking this Court’s jurisdiction pursuant to 28 U.S.C. § 1331 (federal question) and 28 U.S.C. § 1367 (supplemental jurisdiction). On June 3, 2013, Defendant filed the pending motion for summary judgment.16 On June 11, 2013, Lewis filed an opposition.17 On June 17, 2013, with leave of court, Defendant filed a reply.18

II. Parties’Arguments
A. Defendant’s Memorandum in Support

In support of the pending motion, Defendant argues that in interrogatories, Lewis was asked to describe and specify each and every alleged discriminatory act that she was subjected to by Defendant, to which she responded in part that she “was [725]*725subjected to a hostile work environment because of her race,” and that Copeland treated her in a cold, sarcastic, hostile, and negative manner.19 In further interrogatory responses, Lewis claimed that Copeland terminated the only African-American employees in the office, but that .Ms. Mayet, a Caucasian employee with performance problems had remained an employee.20 However, Defendant notes that Lewis admits that Copeland never used racial slurs or epithets in her presence.21

Defendant articulates its rationale for terminating Lewis. Defendant explains that Copeland was Lewis’s direct supervisor during most of her employment with Defendant, and that in order to satisfy her probation and receive a recommendation for permanent employment she was required to perform the following non-exhaustive list of tasks: “(1) accurately enter patient registration and demographic information; (2) schedule patients; (3) accurately and efficiently take telephone messages; (4) accurately collect co-pays and post money into the computer; (5) create credit card, check and cash batches and create posting batches of charges.”22 Defendant cites to the deposition of Copeland, where she stated that Lewis did not accurately perform checkout procedures.23

In addition, Defendant references the deposition of Dr. McKinnie, who recalled Copeland “making comments fairly early on about dissatisfaction with office personnel,” and specifically complained about Lewis “not doing things the way Copeland or [Defendant] wanted them done.”24 Moreover, Copeland kept an ongoing log regarding discussions she had with Lewis entitled “Verbal Discussions, Marilyn Lewis.” 25 According to this log, Lewis “failed on multiple occasions to properly attach paperwork and reports to patient charts,” and allegedly made several other job-related errors.26 Defendant notes that when the issues outlined in Copeland’s log were described to Dr. McKinnie, he stated that the log painted “the picture of someone who’s incompetent at their job.”27

Therefore, Defendant argues that Copeland concluded that Lewis did not meet Defendant’s performance standards in the following categories: “(a) Makes others feel welcome; (b) Treats others with dignity and respect; (c) Performs Checkout procedure; (d) Balances charges and payments; (e) Handles patient account inquiries; (f) Obtain authorizations for visit/procedure ... Verify patients insurance and benefits; (g) Enter all patient demographic and insurance information in computer accurately; (h) Assess patient accounts for collections, past due balances and discharged patients; and (i) Attends all required in-services.”28 Further, Defendant contends that several other employees observed Lewis’s alleged poor job performance, such as Ann Newfield, Operations Supervisor and Copeland’s former supervisor, Wanda Genovese, Clinic Supervisor for East Jefferson Cardiology Consultants, [726]*726and Nurse Muffett Mayet, who worked with Lewis.29

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Bluebook (online)
956 F. Supp. 2d 722, 2013 WL 3364360, 2013 U.S. Dist. LEXIS 93632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-jefferson-parish-hospital-service-district-no-2-laed-2013.