Loletia Wilson v. Cleveland Clinic Foundation

579 F. App'x 392
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 8, 2014
Docket13-3258
StatusUnpublished
Cited by13 cases

This text of 579 F. App'x 392 (Loletia Wilson v. Cleveland Clinic Foundation) 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
Loletia Wilson v. Cleveland Clinic Foundation, 579 F. App'x 392 (6th Cir. 2014).

Opinions

SILER, Circuit Judge.

Plaintiff Loletia Wilson appeals the district court’s grant of summary judgment in favor of her employer, the Cleveland Clinic Foundation (“Clinic”), on a claim of gender discrimination arising out of a failure to promote and claims of retaliation based on her suspension and termination from work. For the following reasons, we AFFIRM.

BACKGROUND

Wilson sued the Clinic for employment discrimination under federal law (Title VII) and state law (Ohio Rev.Code § 4112.02). Counts One and Two of the complaint allege the Clinic discriminated against Wilson by failing to promote her to one of four newly-created Workleader positions because of her gender. Counts Three and Four allege the Clinic retaliated against Wilson by issuing her a three-day suspension for filing an EEOC charge in 2010. Counts Five and Six allege the Clinic retaliated against Wilson by terminating her for filing a second EEOC charge in 2011. The district court granted summary judgment to the Clinic on all claims.

1. Gender Discrimination — Failure to Promote

The Clinic hired Wilson as a patient transporter in 1997. In late 2010, it created a new Workleader position and decided to hire four individuals to assume the role. More than 20 employees, including Wilson, applied for the position, and each applicant was interviewed. According to Jason Petty, manager of the transportation department for the second and third shifts, the Clinic reviewed each applicant’s skill sets and qualifications. Petty and other supervisors collectively made the promotion decisions. They considered numerous employment factors and ultimately settled on Alphonso Roberson, Herbert Allen, Charles DeBerry, and Steven Knox. It is the selection of DeBerry and Knox that Wilson now challenges.

2. Retaliatory Suspension

Wilson filed her first charge of discrimination against the Clinic in December 2010, claiming gender discrimination in be[395]*395ing passed over for the promotion to Workleader. On August 26, 2011, Wilson received a call to go to a patient’s room to transport a deceased patient. Darlene Brooks was also assigned to this patient as the primary, or lead, transporter. Brooks and Wilson entered the patient’s room together. After attempting the “halfway test” to gauge whether they could slide the patient from her bed to the morgue cart, the two transporters realized that the patient was too heavy. Brooks left the room to call for assistance. Then Wilson left the patient’s room in order to request a sturdier cart and, in doing so, left the body unattended. While Wilson and Brooks were in the hallway speaking with a secretary, the deceased fell off the cart onto the floor.

On later investigation, Brooks said she told Wilson to remain in the room while Brooks sought additional help. The Clinic conducted an investigation and determined that Wilson should receive a three-day suspension, considering the severity of the incident, for failing to follow department policies and for taking actions detrimental to patient safety. The Clinic also determined that Brooks followed protocol when she left the patient’s room to obtain further assistance.

3. Retaliatory Termination

Wilson filed her second charge of discrimination with the EEOC on November 4, 2011, alleging the impropriety of her three-day suspension in connection with the corpse incident. On February 6, 2012, Wilson was assigned to transport a patient from the radiation oncology ward. The patient had undergone surgery involving the placement of vaginal rods, and subsequently was sent for radiation after the procedure. According to Wilson, neither the hospital staff responsible for holding patients who were scheduled for transport nor any nurse participating in the transport had mentioned the vaginal rods. Wilson arrived outside the patient’s room and was joined by a nurse assistant, Susetta Page. Wilson and Page entered the room together and waited approximately 15 minutes for nurse Stephanie Taylor to arrive. According to Wilson, after the three of them were in position to slide the patient onto a bed, Taylor abruptly walked off while the transfer was in process. Wilson had seen Taylor making a call on her hospital-issued phone — given specifically to nurses — as she was exiting the room. Wilson then instructed Page that the two of them could complete the move, and Page assisted in sliding the patient to the bed. Taylor thereafter reappeared, encountering Wilson near the doorway. Wilson asked if any more help was needed, to which Taylor responded “no.” Taylor checked the patient after the transfer and confirmed that the vaginal rods were in place. Later, Wilson attended a meeting on February 8 with Mariselle Caraballo, manager of patient transportation for the first shift, and Petty to discuss what had happened. Importantly, Wilson stated that her decision to initiate the transfer arose out of a belief that Taylor was not coming back; as a result, Wilson asked Page to help her in transferring the patient.

According to Taylor, when she entered the patient’s room, both Wilson and Page were situated next to the patient with the draw sheet — which is laid underneath the patient — held ready in their hands. The bed and stretcher were locked and placed adjacent to each other. Taylor asked Wilson and Page to wait so that she could request additional help. Taylor proceeded to step away from the patient and placed a call to the front desk from behind a curtained area in the room. When Taylor returned, the patient had already been moved to the bed. Taylor also alleges that [396]*396the patient later experienced pain and discomfort. Taylor reported Wilson to hospital administration, expressing her dismay over Wilson’s conduct; Taylor asserted that the normal procedure when transferring a patient with vaginal rods is to lift, rather than slide, the patient off the gurney to the bed.

Based on Caraballo’s and Petty’s investigation, the Clinic terminated Wilson on February 13, 2012, “for her unacceptable job performance which caused or contributed to unsafe conditions or unsafe procedures as a result of her failing to abide by the nurse’s instruction to wait for additional help and her decision to move the patient herself.” The termination report states that Wilson failed to use good judgment, failed to follow department procedure, and that she admitted to hearing the nurse’s instruction but chose to go against procedure because she thought she could perform the transfer without the additional help. Taylor and Page supplied written witness statements on February 13 and February 16, respectively, though each had been interviewed as part of the investigation the day after the incident.

STANDARD OF REVIEW

We review a district court’s grant of summary judgment de novo. CenTra, Inc. v. Estrin, 538 F.3d 402, 412 (6th Cir.2008).

DISCUSSION

As a threshold matter, when interpreting Ohio anti-discrimination law, the Ohio Supreme Court has held case law interpreting federal anti-discrimination law generally applicable. See Ohio Civil Rights Comm’n v. David Richard Ingram, D.C., Inc., 69 Ohio St.3d 89, 630 N.E.2d 669, 672 (1994). Absent direct evidence of discrimination, Title VII claims are subject to the burden-shifting framework set forth in McDonnell Douglas Corp. v. Green,

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579 F. App'x 392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loletia-wilson-v-cleveland-clinic-foundation-ca6-2014.