Muhammad-Smith v. Psychiatric Solutions, Inc.

877 F. Supp. 2d 552, 2012 WL 2533965, 2012 U.S. Dist. LEXIS 90491
CourtDistrict Court, N.D. Ohio
DecidedJune 29, 2012
DocketCase No. 1:10CV01790
StatusPublished
Cited by1 cases

This text of 877 F. Supp. 2d 552 (Muhammad-Smith v. Psychiatric Solutions, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Muhammad-Smith v. Psychiatric Solutions, Inc., 877 F. Supp. 2d 552, 2012 WL 2533965, 2012 U.S. Dist. LEXIS 90491 (N.D. Ohio 2012).

Opinion

OPINION AND ORDER

CHRISTOPHER A. BOYKO, District Judge.

I. ISSUE

This matter comes before the Court upon Defendants’ HHC Ohio, Inc., doing business as Windsor-Laurelwood Center for Behavior Medicine (“Hospital”), Supervisor Brenda Bailey (“Bailey”), and Human Resources Director Greg Kennedy (“Kennedy”) Motion for Summary Judgment (Doc. 28). For the following reasons, the Court grants the Motion with respect to the state aiding and abetting claims but denies with respect to the FMLA retaliation, FMLA interference, and Title VII retaliation claims.

II. PROCEDURAL HISTORY

Plaintiff filed a complaint against Defendants alleging violation of state and federal law for discriminating on the basis of Plaintiffs race (African-American), religion (Muslim), disability, and age. Plaintiff also alleged retaliation for complaints of discrimination and alleged interference and retaliation under the Family and Medical Leave Act (“FMLA”). Lastly, Plaintiff alleged that Defendants aided and abetted in unlawful discrimination under state law, Ohio Rev.Code § 4112.02(J).

On November 28th, 2011, Defendants moved for Summary Judgment (Doc. 28). Plaintiff filed a Memorandum in Opposition (Doc. 36) and Defendants filed a Reply in Support of the Motion for Summary Judgment (Doc. 42).

III. FACTS

Linda Muhammad-Smith (“Plaintiff’) began working at Windsor-Laurelwood (“Hospital”) as a patient intake assessor. From October 2008 to March 2009, Plaintiff called off of work three times for medical reasons. (Doc. 36 at 2). She was reprimanded for those absences in March 2009. In March 2009, Plaintiff complained that a co-worker raised her voice at Plaintiff. (Doc. 28^4 at 19-21). Human Resources Director Greg Kennedy (“Kennedy”) and Supervisor Brenda Bailey (“Bailey”) met with the parties and encouraged them to treat each other with respect. (Doc. 28-10 at 2). On May 20, 2009, Plaintiff complained to Bailey that her co-workers were humiliating and belittling her. (Doc. 36-1 at 11).

[555]*555In May 2009, Plaintiff admitted a patient to the Hospital who arrived with a pink slip. Procedure required that patients with pink slips see a psychiatrist before being admitted. (Doc. 28-7 at 38). Plaintiff admitted the pink slipped patient after being instructed to by Dr. Adelman, who is not a psychiatrist; subsequently, Plaintiff received criticism from her white co-workers for violating Hospital’s procedure. (Doc. 36 at 3). On May 29, 2009, Plaintiff, who is African-American, complained to Kennedy and Bailey that she believed her co-workers’ criticism was “racially motivated.” (Doe. 36-1 at 14; Doc. 15 at 3). On June 3rd, Bailey determined that Plaintiff violated Hospital’s policy and issued her a written disciplinary action. (Doc. 28-7 at 46).

Also on June 3rd, Plaintiff took another absence for medical reasons, which was incorporated into her disciplinary record. (Doc. 36-1 at 22). In June 2009, Bailey prepared a performance review which Plaintiff asserts contained no marks in the “improvements needed category.” (Doc. 36 at 4). On June 22, 2009, Plaintiff filed a charge of discrimination with the EEOC claiming discrimination on the basis of age, race, religion, and retaliation. (Doc. 36-1 at 23).

In July 2009, Hospital psychiatrist, Dr. Ray, complained that Plaintiff failed to give him “a complete and thorough patient assessment.” (Doc. 28-1 at 5). Throughout the summer, Bailey received multiple complaints about Plaintiff from referral sources. (Doc. 28-7 at 48-63). On September 15, 2009, Kennedy met with Plaintiff to discuss the complaints and Plaintiff dismissed them as vague. (Doc. 28-4 at 45). On October 7, 2009, Plaintiff sent a letter to Bailey complaining of discriminatory treatment in the scheduling of work shifts. (Doc. 36-1 at 45). Also in October, Plaintiff incorrectly entered call information into Hospital’s computer system on a number of occasions. (Doc. 28-7 at 67). Bailey informed Plaintiff of the proper procedure by leaving notes for Plaintiff. Id. at 68.

On October 19th, Bailey left a note asking Plaintiff to meet her the following morning, after Plaintiff’s night-shift ended. By all accounts the meeting did not go well. Both Bailey and Kennedy believe that Plaintiff seemed “uncaring” about the performance issues and complaints. (Doc. 28-7 at 73). Plaintiff says that she was “tired” after completing her shift and just wanted to take the disciplinary form home with her. (Doc. 28-4 at 35-36). Bailey describes Plaintiffs demeanor as “dismissive” and testified that Plaintiff refused to sit down during the meeting. (Doc. 28-7 at 74-75). The meeting lasted three minutes. According to Bailey, after the meeting on October 20th, Kennedy and Bailey decided to terminate Plaintiff. Id. at 78. Plaintiff worked her usual 11:00 P.M. shifts on October 20th and 21st. (Doc. 36-1 at 35). Defendants contend that on October 22nd, after Bailey’s workday, but before Plaintiffs 11:00 P.M. shift began, Bailey left a note for Plaintiff to meet with her and Kennedy the following morning, (Doc. 28-7 at 79). Bailey and Kennedy say they planned to notify Plaintiff that morning that she had been terminated. Id. Kennedy now admits that he was never scheduled to meet with Plaintiff on the 23rd. (Doc. 36-2 at 47-48).

Instead of meeting with Bailey and Kennedy on Friday, October 23rd, Plaintiff left work early due to high blood pressure. Plaintiff went to her doctor that day and the doctor prescribed leave for an indeterminate period. (Doc. 36-1 at 49). Plaintiff argues in her brief that she called Defendants later that day in order to find out what was required for leave under the FMLA. (Doc. 36 at 7). When Plaintiff did [556]*556not show for her meeting on the 23rd, the Senior Human Resources Coordinator, Mim Shaffer (“Shaffer”), states that Kennedy instructed her to, and she did, change Plaintiffs status to terminated on that day. (Doc. 28-6 at 2). On October 26th, Defendant received FMLA paperwork from Plaintiffs doctor and sent the necessary FMLA forms in response. (Doc. 36 at 7). On October 22nd, Plaintiff mailed a letter to Kennedy complaining that the performance improvement plan was retaliation for her previously filed EEOC charge. (Doc. 36 at 7). Defendants did not receive the letter until October 26th. Id.

At some point, an undated termination letter was sent to Plaintiff. Shaffer initially testified that the termination letter was created and mailed on October 23rd, 2009. (Doc. 36-4 at 15-18). However, the meta-data obtained in discovery revealed that the document was created on October 29th, at 4:53 P.M. (Doc. 36 at 8; Doc. 33-3 at 16). Kennedy admits that defense counsel provided the letter on October 29, 2009. (Doc. 36-2 at 7). Plaintiff presents a report she argues shows that her employment status in Hospital’s computer system was changed from ‘active’ to ‘terminated’ on October 29th, at 4:47 P.M. (Doc. 36-5). Defendants contend that this computer report is generated at the end of the week to reflect the whole week’s employee status changes and that the report is “actually only proof of when that form was created, not when the data ... was entered in the computer system.” (Doc. 42 at 9).

IV. LAW AND ANALYSIS

A. Summary Judgment Standard

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Miller v. Danaher Corp. CA6
California Court of Appeal, 2015

Cite This Page — Counsel Stack

Bluebook (online)
877 F. Supp. 2d 552, 2012 WL 2533965, 2012 U.S. Dist. LEXIS 90491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muhammad-smith-v-psychiatric-solutions-inc-ohnd-2012.