Longstreet v. Holy Spirit Hospital

67 F. App'x 123
CourtCourt of Appeals for the Third Circuit
DecidedMay 23, 2003
Docket02-4351
StatusUnpublished
Cited by10 cases

This text of 67 F. App'x 123 (Longstreet v. Holy Spirit 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
Longstreet v. Holy Spirit Hospital, 67 F. App'x 123 (3d Cir. 2003).

Opinion

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Plaintiff Margaret Longstreet, who brought a Title VII action against her employer, Holy Spirit Hospital (“HSH”), appeals from the District Court’s order granting the Hospital’s motion for summary judgment. We agree with the District Court that Longstreet has not raised a genuine issue of material fact and we will affirm.

I.

Facts and Procedural History

Longstreet’s Title VII claim of sexual discrimination against HSH stems from its failure to promote her to the position of Psychiatric Nurse Manager when the position became vacant. Longstreet had worked at HSH as a psychiatric nurse on the In Patient Unit of the Hospital’s Behavioral Health Services Unit for fifteen months. The employee vacating the position of psychiatric nurse manager, David Kester, prepared a posting for the position which stated:

Nurse Manager — Full time day shift in Mental Health Center; 2-3 years psychiatric nursing and management experience required; BSN preferred; will be responsible to plan, supervise and evaluate the interdisciplinary 24-hour operation of Inpatient Psychiatric Unit and Crisis Intervention Service.

During Kester’s tenure he had assumed responsibility for HSH’s Crisis Intervention Service, and this integration between the Crisis Intervention Service and the In Patient Unit was to continue. The posting further described the responsibility of the position to be “planning, administering and evaluating the interdisciplinary 24-hour operation of the Inpatient Psychiatric Unit and Crisis Intervention Service.” App at 90. Along with this posting, Longstreet saw another posting in the In Patient Unit which stated:

Current PA RN licensure required. Minimum two years. Increasingly responsible supervisory experience preferred. BSN preferred. Experience with budget process and policy development/maintenance desirable.

Three candidates applied for the position of Psychiatric Nurse Manager: Greg Abel, Longstreet’s supervisor, who had three and one-half years of nursing experience as an RN; Longstreet, who had over thirteen years experience as an RN but only 18 months at HSH at the time the decision was made; and Rhett Bennie, who had less than two years experience as an RN. Bennie did, however, have other supervisory and management experience in both the In Patient Unit and Crisis Intervention Service, was a Psychiatric Nurse Case Manager at the time of his application, has a Bachelor of Arts in Psychology, and had been an employee of HSH for over sixteen years. Each applicant had an RN license, which was the only licensure requirement set forth.

The three candidates underwent a first interview with two interviewers, one of whom was to make the final decision but left Longstreet’s interview early. Next was a “panel” interview with five panelists. During this interview one of the panelists, Dr. Petkash, asked Longstreet about the recent birth of her child and what her childcare needs would be. Longstreet was *125 immediately instructed by another panelist not to answer this question as it was inappropriate.

The panel unanimously recommended Bennie for the position of Psychiatric Nurse Manager. On deposition, the panelists testified as to their positive impression of Bennie’s knowledge of the Crisis Intervention Service and the In Patient Unit, his dealings with employees of both units, and his reputation as a long-time employee of HSH. The panelists expressed concern about Longstreet’s lack of experience with the Crisis Intervention Service.

Bennie was the only candidate given a follow-up interview, an interview that is supposed to be given to only the highest candidate but which, Longstreet notes, took place the day of her panel interview.

After learning that Bennie was chosen for the position of Psychiatric Nurse Manager, Longstreet filed a grievance with the Department of Human Resources. Kathy Campbell, the employment relations manager, handled that grievance. She testified that she believed that one of the members of the panel asked inappropriate questions of Longstreet during her interview, but that she had after her investigation concluded that Longstreet had not failed to get the job because she was a female.

Longstreet contends that even after filing a grievance with Human Resources Dr. Petkash continued to inappropriately question her about where her children were and who was watching them, and that these questions were posed in a harassing manner. She also contends that coworkers berated her, calling her a “troublemaker” and “fucking idiot” for having filed a grievance, and that a staff psychiatrist told her she needed a “penis” to be selected for the Psychiatric Nurse Manager position.

After discovery, HSH filed a motion for summary judgment. The District Court held that Longstreet failed to show that her employer’s reason for hiring another candidate was pretextual and granted HSH’s motion. Longstreet filed a timely appeal.

II.

Discussion

Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fakete v. Aetna, Inc., 308 F.3d 335, 337 (3d Cir.2002). Appellate review over the grant of summary judgment is plenary. City of Erie v. Guaranty Nat’l Ins. Co., 109 F.3d 156, 159 (3d Cir.1997). All inferences should be drawn in the light most favorable to the non-moving party. Big Apple BMW, Inc. v. BMW of North America, Inc. 974 F.2d 1358, 1363 (3d Cir.1992).

The District Court found, and neither party contests, that Longstreet established a prima facie case of discrimination. In a Title VII case, after establishing a prima facie case, the burden of production shifts to the defendant “to articulate some legitimate, nondiscriminatory reason for the employee’s rejection.” McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). At this stage the defendant need not persuade the court that it was “actually motivated by the proffered reasons,” but need only raise “a genuine issue of fact as to whether it discriminated against the plaintiff.” Tex. Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 254-55, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). The plaintiff must then show that “[defendant’s] stated reason for [plaintiffs] rejection was in fact pretext.” McDonnell, 411 U.S. at 804. This may be accomplished “either directly *126 by persuading the court that a discriminatory reason more likely motivated the employer or indirectly by showing that the employer’s proffered explanation is unworthy of credence.” Burdine, 450 U.S. at 256.

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67 F. App'x 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/longstreet-v-holy-spirit-hospital-ca3-2003.