Ze-Ze v. Kaiser Permanente Mid-Atlantic States Regions, Inc.

833 F. Supp. 2d 543, 2011 WL 2678823, 2011 U.S. Dist. LEXIS 70649
CourtDistrict Court, E.D. Virginia
DecidedJune 29, 2011
DocketNo. 1:10cv959 (LMB/TRJ)
StatusPublished
Cited by3 cases

This text of 833 F. Supp. 2d 543 (Ze-Ze v. Kaiser Permanente Mid-Atlantic States Regions, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ze-Ze v. Kaiser Permanente Mid-Atlantic States Regions, Inc., 833 F. Supp. 2d 543, 2011 WL 2678823, 2011 U.S. Dist. LEXIS 70649 (E.D. Va. 2011).

Opinion

MEMORANDUM OPINION

LEONIE M. BRINKEMA, District Judge.

Before the Court is the defendant’s Motion for Summary Judgment [Dkt. No. 32], We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before us, and argument would not aid the decisional process. For the reasons stated in this Memorandum Opinion, defendant’s motion will be granted, and summary judgment will be entered in favor of the defendant.

I. Background

This civil action involves a claim of employment discrimination, arising under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”). The plaintiff, Marie N. Ze-Ze (“Ze-Ze”), is a native of Cameroon, Africa who worked as a Clinical Assistant at a Springfield, Virginia clinic operated by the defendant, Kaiser Foundation Health Plan of the Mid-Atlantic States, Inc. (“Kaiser”)1, from early January 1989 through February 2008. See Def.’s Mot. for Summ. J. at Ex. A (Ze-Ze Dep.) at 25:20-26:20. During the particular time period at issue in this civil action, 2007 through 2008, Ze-Ze worked in Kaiser’s Dermatology Department, where her duties as a Clinical Assistant2 included, inter alia, greeting patients, scheduling and confirming appointments, transporting patients in wheelchairs to treatment areas, coordinating the flow of patients into treatment areas, notifying medical and nursing staff if a patient required immediate attention, advising patients of delays, and, as appropriate, providing information and instructions to patients as directed by the medical and nursing staff. Id. at 28:18-29:2, 35:13-38:18; see also id. at Ex. 3.

[546]*546On February 21, 2008, Ze-Ze was asked to resign from her position as a Clinical Assistant in lieu of being fired or demoted. Id. at 62:16-63:14. The request for plaintiffs resignation followed several incidents and patient complaints involving Ze-Ze throughout February 2008. See, e.g., id. at Ex. B (Nancy Stuehler Dep.) at Ex. 5 (detailing a patient complaint regarding an incident that occurred on February 8, 2008). Moreover, at the time that plaintiff was asked to resign, she was already on a Level 3 Corrective Action Plan that required her to take a “customer service class and a communication (confronting difficult issues) class.” Id. at Ex. A (Ze-Ze Dep.) at Ex. 7.

The immediate incident that precipitated the request for plaintiffs resignation occurred on February 11, 2008, when plaintiff was stationed in the lobby on the first floor of the Springfield Medical Center, providing patients with directions to the pharmacy. Id. at 108:3-109:3. A patient who had just seen her doctor on the third floor and who needed to fill a prescription told Ze-Ze that she needed a place to rest because she had a fever, was feeling ill, and did not want to go home and return later for her prescription. Id. at 53:17-57:19, 108:7-109:19. Plaintiff noticed that the patient felt hot to the touch, and that there was a long line at the pharmacy with no open seating available in the lobby for patients to sit while waiting for their prescriptions to be filled. See id. at 57:20-58:2, 108:10-14. Accordingly, Ze-Ze put the patient in an exam room located in a part of the Dermatology Department that was closed, had the patient lie down on the exam table, covered the patient with an exam sheet, closed the door, and left. Id. at 55:6-58:14.

Ze-Ze did not inform any doctor in the Dermatology Department that she had put the patient in the exam room. Id. at 59:16-60:2. In fact, plaintiff did not tell anyone in the Dermatology Department that she was bringing the patient to the exam room. Id. at 60:3-7. The patient was discovered later that day when one of plaintiffs supervisors, Nancy Stuehler (“Stuehler”) stumbled upon her while inspecting the Dermatology Department along with Susan Lutes (“Lutes”), the business operations manager. See id. at Ex. C (Stuehler Decl.) ¶ 7. Stuehler noticed that the patient was warm to the touch, that her pulse was elevated, and that she had been seen by the Internal Medicine Department earlier that day for an illness. Id. ¶ 8. Stuehler accordingly called the clinical coordinator for the Internal Medicine Department, and had her come up to the Dermatology Department with a wheelchair to take the patient back to the Internal Medicine Department for further evaluation. Id.

Once the patient had been taken to the Internal Medicine Department, Stuehler asked to speak with Ze-Ze, and explained to the plaintiff that she was concerned that plaintiff had put the patient in danger by failing to tell anyone that the patient was in the exam room. Id. ¶ 9. She then placed Ze-Ze on paid administrative leave, which was converted to medical leave several days later when Ze-Ze notified her supervisor that she was experiencing medical issues. Id.: see also id. at Ex. A (Ze-Ze Dep.) at 62:7-15.

After the February 11, 2008 incident, Stuehler consulted with Lutes, Mary Ward, who was then the Medical Center Administrator for Kaiser’s Springfield and Burke, Virginia Medical Centers, and Charlene Yates, who is a Human Resources representative for Kaiser. Id. at Ex. C (Stuehler Decl.) ¶ 10. Stuehler decided that Ze-Ze should be discharged, and Ward, Yates, and Lutes all agreed. Id. Ward, however, suggested that Stueh[547]*547ler might want to give plaintiff an opportunity to become an on-call greeter, and Stuehler agreed with that suggestion. See id. Accordingly, Stuehler met with Ze-Ze on February 21, 2008, and gave her three options: (1) resign from her position as a Clinical Assistant and accept a position as an on-call greeter; (2) resign from Kaiser altogether; or (3) be discharged. See id. at Ex. B (Stuehler Dep.) at 28:22-29:11. Ze-Ze initially chose to resign from her position and become an on-call greeter, but she then resigned from Kaiser altogether by a letter dated April 17, 2008. See id. at Ex. A (Ze-Ze Dep.) at Ex. I.3

Plaintiff filed a Complaint with the Equal Employment Opportunity Commission (“EEOC”) on August 25, 2008, alleging that Kaiser’s request for her resignation constituted unlawful discrimination based on her race and national origin. See Pl.’s Compl. at Ex. 21. On July 12, 2010, the EEOC dismissed plaintiffs Charge of Discrimination and issued her a Notice of Right to Sue letter. See id. at Ex. 22; see also Def.’s Answer ¶ 11. Ze-Ze then timely filed her Complaint before this Court on August 25, 2010,4 alleging claims for discrimination under Title VII; the Genetic Information Non-Discrimination Act of 2007 (“GINA”), 42 U.S.C. § 2000ff et seq.; the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq.; and the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12101 et seq.

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833 F. Supp. 2d 543, 2011 WL 2678823, 2011 U.S. Dist. LEXIS 70649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ze-ze-v-kaiser-permanente-mid-atlantic-states-regions-inc-vaed-2011.