Scott v. Sarasota Doctors Hospital, Inc.

145 F. Supp. 3d 1114, 2015 U.S. Dist. LEXIS 150408, 99 Empl. Prac. Dec. (CCH) 45,441, 2015 WL 6750849
CourtDistrict Court, M.D. Florida
DecidedNovember 5, 2015
DocketCase No. 8:14-cv-1762-T-30TBM
StatusPublished
Cited by6 cases

This text of 145 F. Supp. 3d 1114 (Scott v. Sarasota Doctors Hospital, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scott v. Sarasota Doctors Hospital, Inc., 145 F. Supp. 3d 1114, 2015 U.S. Dist. LEXIS 150408, 99 Empl. Prac. Dec. (CCH) 45,441, 2015 WL 6750849 (M.D. Fla. 2015).

Opinion

ORDER

JAMES S. MOODY JR., UNITED STATES.DISTRICT JUDGE ,

THIS CAUSE comes before the Court upon Defendant Sarasota Doctors Hospital, Inc,’s Motion for Summary Judgment (Dkt. 64), EmCare, Inc.’s Motion for Summary Judgment (Dkt. 66), and Plaintiffs Responses in Opposition thereto (Dkts. 78, 79). The Court, having reviewed the motions, responses, record evidence, and being otherwise advised in the premises, concludes that the Hospital’s motion should be denied and Emcare’s motion should be granted.

[1117]*1117SUMMARY

Plaintiff Dr. Michelle G. Scott alleges gender discrimination and retaliation under Title VII and the Florida Civil Rights Act (“FCRA”) against Defendants Sarasota Doctors Hospital, Inc. and Emcare, Inc. related to the Hospital’s request to have Scott removed from working at the Hospital and Emcare’s subsequent termination of its contract with Scott. Both Defendants move for summary judgment.1

The Court concludes that there is an issue of fact on the gender and retaliation claims against the Hospital because Scott has pointed to sufficient evidence to make the issue of discriminatory intent one for the jury — Scott has shown that the Hospital treated a similarly-situated male doctor more favorably. The Court also concludes that, although the Hospital maintains that it was never Scott’s employer, the Court cannot decide this issue as a matter of law because there are genuine issues of fact on whether the Hospital and Emcare acted as Scott’s joint employer. There is also evidence suggesting that the Hospital interfered with Scott’s employment relationship with Emcare, which is another basis to hold it responsible for the alleged discriminatory acts.

The Court concludes that Emcare is entitled to summary judgment on Scott’s retaliation claim (the only claim Scott asserts against Emcare) because Scott fails to show any evidence of pretext to call into question Emcare’s legitimate, nondiscriminatory decision to remove her from the Hospital and terminate her contract. It is undisputed that Emcare was required to remove Scott from the Hospital at the Hospital’s request per the applicable contract. It is also undisputed that Emcare was contractually permitted to terminate Scott’s employment with Emcare. Scott does not point to anything in the record that shows or even suggests that Emcare’s acts were related to the EEOC charge that Scott filed against the Hospital.

The Court now turns to the relevant facts.

RELEVANT FACTS2

. Plaintiff Dr. Michelle G. Scott is a medical doctor, specializing in internal medicine. During the relevant time, she practiced as a hospitalist. A hospitalist operates as a hospital-based “primary care physician,” admitting patients and managing their treatment during hospital stays.

In July 2011, Scott relocated to Florida from Chicago, Illinois. On November 1, 2011, Scott entered into an employment agreement with Inpatient Services of Florida. Defendant Emcare, Inc. provides management services to Inpatient Services, including management of Inpatient’s employment relationships with providers. Emcare is a healthcare company that contracts physician services to various healthcare entities and provides professional services and various specialties. The record is undisputed that Inpatient, who is not a party in this action, played no role in Scott’s employment.

In November 2011, Emcare assigned Scott to work at Defendant Sarasota Doctors Hospital,- Inc. (“Hospital”) as a full-time hospitalist physician. Dr. ■ Michael Schandorf is EmCare’s site medical director for hospital medicine; he was Scott’s supervisor during the relevant time. Schandorfs responsibilities included managing the full-time hospitalists. He also administratively made sure that Emcare’s [1118]*1118programs, as well as the Hospital’s programs, were implemented. He was also involved in corrective or administrative action to correct any problems between physicians and. patients. Schandorf played several roles in the hospital administration as well. He conducted Scott’s initial interview. After determining that she was a good fit for the Hospital, he recommended that the Hospital’s administrative team interview her. Robert Meade is the Hospital’s CEO. He attended Scott’s interview and approved'her employment at the Hospital.

Scott and the other physicians and medi,cal staff placed at the Hospital by Emcare were reviewed by an evaluation committee that was comprised of individuals from Emcare and the Hospital. The record reflects that the Hospital completed “Ongoing Professional Performance Evaluations” of Scott related to her employment. Meade and Schandorf frequently communicated about the hospitalists’ performance and any complaints received about them. Schandorf served on the evaluation committee, which met on a monthly basis. Meade was on this committee. They, among other members of Emcare and the Hospital, discussed hospital metrics, physician performance, and staffing issues. They had a “collaborative' approach” to solving any problems. (Schandorf at 18:4-13).

Scott worked at the Hospital, seven days on, seven days off, for a minimum of 180 hours per month. Her typical day was described as arriving at the Hospital at 7:00 a.m., reviewing labs from the day before, reviewing patients’ medical status from the prior night, reviewing x-rays, and seeing and admitting patients. She would see between 18 and 24 patients a day. She was also on the Hospital’s infectious disease committee, the patient care review committee, and, for a brief time, the cardiac surgery committee. Other than her medical scrubs, which Emcare provided, the Hospital provided Scott any equipment, medications, supplies, and materials that she needed. Emcare, not the Hospital, provided Scott with all of her compensation and benefits. Scott testified that Em-care, not the Hospital, was her employer.

Schandorf interacted with Scott frequently — he testified that she was “a very experienced physician” and that she “knew what to do at a hospital.” (Schandorf at 30:10-13).

In early 2012, Schandorf began receiving informal complaints about Scott that were of a general nature and mostly related to •Scott sometimes acting abrupt, or too curt with patients and nurses. Schandorf did not view the complaints as egregious; rather, they mostly related to the stressful environment that could cause a physician to act curt, abrupt, or rude. The complaints were unrelated to Scott’s medical knowledge or how she was managing patients. Schandorf did not view the complaints as significant enough to report to the evaluation committee.

. Schandorf and Meade had multiple conversations about Scott during Scott’s employment at the Hospital. Meade was aware of the informal complaints about Scott from other physicians and Hospital staff. Specifically, Meade made his rounds once a week and heard complaints from others concerning Scott’s curt and rude behavior. He relayed two complaints about Scott to Schandorf that Schandorf was unaware of regarding Scott’s treatment of a cancer patient and Scott’s interaction with a nurse. As a result of these two complaints and the prior informal complaints, Meade had serious concerns about Scott being a good fit at the Hospital. Schandorf told Meade that he would talk to Scott about the incidents,

As promised, Schandorf then talked to Scott about the two incidents. Scott testified that this conversation occurred in [1119]*1119February 2013.

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145 F. Supp. 3d 1114, 2015 U.S. Dist. LEXIS 150408, 99 Empl. Prac. Dec. (CCH) 45,441, 2015 WL 6750849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-sarasota-doctors-hospital-inc-flmd-2015.