Rebecca Adeyanju v. Foot and Ankle Associates of Maine, P.A.

2024 ME 64
CourtSupreme Judicial Court of Maine
DecidedAugust 20, 2024
DocketCum-23-479
StatusPublished
Cited by1 cases

This text of 2024 ME 64 (Rebecca Adeyanju v. Foot and Ankle Associates of Maine, P.A.) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rebecca Adeyanju v. Foot and Ankle Associates of Maine, P.A., 2024 ME 64 (Me. 2024).

Opinion

MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 2024 ME 64 Docket: Cum-23-479 Submitted On Briefs: June 26, 2024 Decided: August 20, 2024

Panel: STANFILL, C.J., and MEAD, HORTON, LAWRENCE, and DOUGLAS, JJ.

REBECCA ADEYANJU

v.

FOOT AND ANKLE ASSOCIATES OF MAINE, P.A.

HORTON, J.

[¶1] Rebecca Adeyanju appeals from the entry of a summary judgment

by the Superior Court (Cumberland County, Cashman, J.) in favor of her former

employer, Foot and Ankle Associates of Maine, P.A., on Adeyanju’s complaint

alleging employment discrimination under Title VII of the Civil Rights Act of

1964, 42 U.S.C.A. §§ 2000e to 2000e-17 (Westlaw through Pub. L. No. 118-70)

and under 42 U.S.C.A. § 1981 (Westlaw through Pub. L. No. 118-70). The court

concluded that Adeyanju had not made a showing sufficient to withstand Foot

and Ankle’s motion for summary judgment on her claim that Foot and Ankle’s

decision to terminate her employment was motivated by discriminatory

animus and that the reason given by Foot and Ankle for the termination was

pretextual. Because we conclude that the summary judgment record reveals 2

genuine issues of material fact, we vacate the summary judgment and remand

for trial.

I. BACKGROUND

[¶2] The following facts are drawn from the parties’ supported

statements of material facts and are presented in the light most favorable to

Adeyanju as the party against whom summary judgment was entered.

See Cookson v. Brewer Sch. Dep’t, 2009 ME 57, ¶ 11, 974 A.2d 276.

[¶3] Foot and Ankle hired Adeyanju, a White woman, as both a medical

assistant and a radiology technician in 2012. Foot and Ankle informed her at

the outset that she could not miss more than three workdays in a row without

a doctor’s note. Adeyanju’s performance while working at the office was

good—nobody complained about her, and she was never subject to any

discipline before her termination. In 2014 or 2015, Adeyanju informed her

employer that she was in a romantic relationship with a Black man who had

come to the United States from Nigeria, and she received approval for five

consecutive days off to visit his family in Nigeria. In 2015, Adeyanju had to get

a ride to work from a coworker because her boyfriend had their shared vehicle

and did not return it to Adeyanju due to inclement weather. The practice

manager met with Adeyanju in private and, after stating that she did not want 3

to know about Adeyanju’s personal life, expressed concern about Adeyanju

sharing a vehicle, saying that she did not want anything to jeopardize

Adeyanju’s job. The practice manager did not appear to have had a problem

with another employee, who had shared a car with her White husband, being

late for work due to her transportation issues.1

[¶4] Adeyanju married her boyfriend in 2018. When Adeyanju’s

husband visited the workplace as a patient or with their child, nobody

expressed racial animosity toward him or commented on the interracial

relationship.

[¶5] In August 2019, United States Immigration and Customs

Enforcement (ICE) agents began seeking Adeyanju’s husband in connection

with criminal charges. On August 21, 2019, Adeyanju told the practice manager

and a physician at the practice, Michael Saraydarian, that ICE was looking for

her husband and that an agent might come to the office.

[¶6] Although scheduled to work on Thursday, August 22, 2019,

Adeyanju did not attend work because she was helping her husband find a

lawyer. The practice manager was out that day, so Adeyanju notified

1 Although the statement of material facts does not state that the other employee was sometimes

late because of the car-sharing arrangement with her husband, it implies this fact and the cited portion of the summary judgment record (Adeyanju’s deposition) reports this. 4

Saraydarian via text message at 7:20 a.m. that she would not be going to work.

He responded, “Ok sorry for your situation.” The next day, Friday,

August 23, 2019, Adeyanju sent another text message to Saraydarian at

6:17 a.m.: “Dr s i dont think i can come to work today. Im scared. My body

shakes. We are trying to raise money so we can surrender with a lawyer. Im

just scared.” Saraydarian replied, “Thanks for letting me know.”

[¶7] At some point during Adeyanju’s absence, an ICE agent came to Foot

and Ankle’s office. The agent spoke with the receptionist and with Saraydarian,

who informed the agent that Adeyanju was not there and accepted the agent’s

card when the agent asked him to make contact if Adeyanju came to work.

Saraydarian had never dealt with ICE before and contacted the practice’s

insurance company after the encounter.

[¶8] On her next scheduled work day, Monday, August 26, 2019,

Adeyanju sent another text message to Saraydarian at 6:21 a.m.: “Dr s i cant

come in. Im so sorry. We have to get to our interview wednesday.” Saraydarian

read the message but did not respond. Later that day, Saraydarian and the

practice manager decided to terminate Adeyanju’s employment. The practice

manager called and left a voicemail for Adeyanju, then sent a text message at

1:30 p.m. stating, “I need to speak with you regarding work.” Adeyanju did not 5

respond to the text message but tried to call the practice manager that evening

at 7:42 p.m. The practice manager did not answer.

[¶9] On Tuesday morning, August 27, 2019, Adeyanju arrived at work at

her usual time. Soon thereafter, the practice manager brought Adeyanju into

her office and stated, “[W]e are terminating your position for job abandonment.

I don’t want to know anything about your personal life.” The reference to job

abandonment was based on Adeyanju’s missing work for three days.

[¶10] Throughout her three days of absence from work, Adeyanju

communicated about her situation with a coworker and expressed concern

about Foot and Ankle’s response to her absence. In the exchange of text

messages, the coworker reassured Adeyanju that Saraydarian was not mad at

her and instead felt bad for her. The coworker told Adeyanju not to stress out

because she did not think Adeyanju’s absence was creating a problem—other

employees were covering her responsibilities. The coworker also spoke with

Saraydarian and the practice manager about Adeyanju’s absence.

[¶11] At no time during the three days when Adeyanju missed work did

anyone inform her that her employment was at risk of termination if she did

not report to work. No other employee had previously been terminated for

missing work, nor had the practice manager been strict about employee 6

attendance when urgent situations had arisen in the past. Employees had been

allowed days or even weeks off when they had had heart attacks or car

accidents. Adeyanju had also been allowed to take time off when there was an

issue with her child’s daycare. As of the day her employment was terminated,

Adeyanju had thirty-five hours of vacation time available for use. She was

already scheduled to be off from work on the following day, Wednesday,

August 28, 2019.

[¶12] After Adeyanju filed a discrimination complaint with the Maine

Human Rights Commission and federal Equal Employment Opportunity

Commission, Foot and Ankle’s response to the complaint indicated that

Adeyanju had missed work on August 22, 23, and 26 and falsely stated that she

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2024 ME 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rebecca-adeyanju-v-foot-and-ankle-associates-of-maine-pa-me-2024.