Taunton v. Noland Health Services, Inc.

908 F. Supp. 2d 1245, 2012 WL 5425819, 2012 U.S. Dist. LEXIS 159482
CourtDistrict Court, N.D. Alabama
DecidedNovember 7, 2012
DocketNo. 2:11-CV-00368-KOB
StatusPublished

This text of 908 F. Supp. 2d 1245 (Taunton v. Noland Health Services, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taunton v. Noland Health Services, Inc., 908 F. Supp. 2d 1245, 2012 WL 5425819, 2012 U.S. Dist. LEXIS 159482 (N.D. Ala. 2012).

Opinion

MEMORANDUM OPINION

KARON OWEN BOWDRE, District Judge.

This case, alleging race discrimination and retaliation, comes before the court on [1247]*1247Defendant Noland Health Services, Inc.’s Motion for Summary Judgment. (Doc. 18). The Plaintiff did not respond to the Motion. For the reasons stated below, the court finds that Defendant’s Motion is due to be GRANTED in its entirety.

STATEMENT OF FACTS

Because Taunton did not object to or in any way dispute the Defendant’s statement of facts, the court accepts those facts as undisputed pursuant to Rule 56(c & e) of the Federal Rules of Civil Procedure. See Fed.R.Civ.P. 56(c & e); see also Appendix II — Summary Judgment Requirements, subsection.D.2.a, found at mow. alnd.uscourts.gov.

Taunton’s Work History with NHS

Defendant Noland Health Services, Inc. (“NHS”) is an Alabama corporation operating full service senior living facilities and long-term acute-care hospitals across the state. Through its hospital division, NHS operates Noland Hospital Birmingham (“NHB”), located on the eighth floor of St. Vincent’s Hospital East. NHB cares for very sick patients with complex illnesses. Many patients have suffered multiple systems failure; many receive intravenous medicine, or have a central line because their veins are too weak for a traditional IV; and many are on a ventilator. NHS has policies prohibiting discrimination, harassment, and retaliation, and an employee handbook communicates those policies to its employees.

In May 2003, NHS hired the Plaintiff, Benita Taunton, an African American, as a Licensed Practical Nurse. Further, NHS provided tuition assistance to Taunton for her RN studies and, as a result of her studies, Taunton received a RN license. In May of 2008, NHS promoted her to RN status and pay. Taunton acknowledged that she “probably read” the handbook policies and accessed and read NHS’s “Harassment in the Workplace” policy.

During her tenure with NHS from 2003 to ¡2010, Taunton had a number of supervisors. The facts presented only provide the race of one of Taunton’s supervisors, Melissa Austin, who is white; however, Taunton’s Second Amended Complaint states that NHS’s management team was ■ all white. The person holding the position of Nurse Manager was Taunton’s direct supervisor-as well as the direct supervisor of all nursing staff at NHB, and the Nurse Manager would report to the Director of Clinical Services (“DCS”), who supervises all clinical care, including both nursing and therapeutic care. NHS hired Amber Davis as NHB’s Nurse Manager in October 2008. In November 2008, after promoting Amber Davis from Nurse Manager to DCS, NHS hired Melissa Austin as NHB’s Nurse Manager. Taunton does not contend that she experienced discrimination or retaliation prior to the hiring of Davis and Austin in the fall of 2008. Taunton admits that during her tenure with NHS she never heard derogatory language about blacks nor did she hear any derogatory comments about “whistle-blowers” generally or those who filed EEOC charges. Laura Wills has been the NHS’s Administrator since May 2010.

The evidence reflects that Taunton has had difficulty getting along with co-workers and communicating professionally during her time with NHS and during post-termination work with another employer. Such incidents include the following: (A) in June 2007, Taunton received a verbal warning for raising her voice during an argument with a co-worker; (B) around September 2008, Gandy counseled Taunton about using a boisterous, loud voice that could be perceived as disrespectful; (C) also in September 2008, Gandy conducted a peer review of Taunton’s coworkers, and received feedback from them that Taunton had a poor attitude and was not a team player; (D) Taunton’s annual evaluation at [1248]*1248the end of September 2008 reflected that she needed to improve her behavior and tone to appear less “blunt,” “loud,” and “aggressive”; (E) after receiving complaints about Taunton from different sources, on or about March 23, 2009, Davis and Harlan met with Taunton and instructed her to take advantage of NHS’s Employee Assistance Program (“EAP”); (F) around May 2010, an African American Patient Care Technician reported that she was scared to work with Taunton, and Taunton’s supervisors warned Taunton about her demeaning behavior; (G) around December 2011, a subsequent employer advised Taunton to use its EAP, and Taunton resigned from that job rather than take advantage of the offered EAP.

Taunton refused to participate in the EAP benefit after the 2009 instruction from NHS about EAP benefits, but received no negative consequences for that refusal. As a result of that instruction, Taunton did seek and receive counseling from her pastor, and she characterized that counseling as helpful.

On September 10, 2009, Taunton received an annual evaluation that stated, among other things, that her “interactions with others has much improved” and that “Benita is working to build a constructive and cooperative relationship with other staff members.”

First Charge of Discrimination

Plaintiff filed a Charge of Discrimination with the EEOC on October 28, 2009, asserting discrimination based on race and religion, and retaliation for protesting of racial and religious discrimination. In that charge she stated:

I am Black and I was hired by the above named employer September 10, 1999, as an LPN. I was promoted to an RN in May 2008. On March 17, 2009, I had to report to management because some had accused me of being angry on the job, which [sic] deny. I was told that I had to go to Employee Assistance Program (EPA). I told my employer that I could talk with my pastor if I need to talk with someone. I told management that it was against my religious belief to confide in another source. I told management that I did not believe in EPA. Since March 23, 2009, and continuing, I have been subjected to different terms and conditions of employment. I am one of four Black nurses that are held to more [rigid] standards than White nurses. Black nurses continued to be assigned to the most difficult patients. Since other Black nurses have filed charges of discrimination, management will approach me only out of necessity. As of October 26, 2009, White nurses continue to receive preferential treatment in the work place.
I believe that I was discriminated against because of my race, Black, and in retaliation for protesting my employer trying to force me to go to EPA, against my religious belief, in violation of Title YII of the Civil Rights Act of 1964, as amended. My employer as of October 26, 2009, affords White nurses more flexibility in the performance of their job duties without fear of being disciplined.

(Doc. 20-3, at 82).

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Bluebook (online)
908 F. Supp. 2d 1245, 2012 WL 5425819, 2012 U.S. Dist. LEXIS 159482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taunton-v-noland-health-services-inc-alnd-2012.