Ako-Annan v. E. Me. Med. Ctr.

DAVID AKO-ANNAN, Plaintiff, v. EASTERN MAINE MEDICAL CENTER Defendant.

No. 1:19-cv-00544-JAW

United States District Court, D. Maine

August 20, 2021

ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

JOHN A. WOODCOCK, JR. UNITED STATES DISTRICT JUDGE

For six years, a man born in Ghana managed a healthcare practice in central Maine owned by a local hospital. The man was the only African American and only male primary care practice manager for his employer. Although the man generally had favorable performance reviews, tensions arose among him, his supervisor, and a number of employees at the practice. In 2019, the primary care practice fired the man, causing him to sue his former employer under Title VII of the Civil Rights Act of 1964 (Title VII) for race and sex discrimination and the Maine Whistleblower Protection Act (MWPA). The employer moves for summary judgment. The Court denies the motion because genuine issues of material fact preclude summary judgment.

I. PROCEDURAL HISTORY

On October 31, 2019, David Ako-Annan filed a three-count complaint in Penobscot County Superior Court in Bangor, Maine against his former employer, Eastern Maine Medical Center (EMMC), alleging violations of the Maine Human Rights Act the Maine Whistleblower Protection Act, and Title VII of the Federal Civil Rights Act. State Ct. R., Attach. 1 Compl. (ECF No. 2); id., Attach. 2, Docket R. On November 29, 2019, EMMC removed this case to federal court. Notice of Removal (ECF No. 1). On December 20, 2019, EMMC answered the Complaint. Answer to Compl. (ECF No. 6).

On October 27, 2020, EMMC notified the Court that it intended to move for summary judgment and requested that the Court schedule a Local Rule 56(h) prefiling conference. Notice of Intent to File Mot. for Summ. J. (ECF No. 20). On November 17, 2020, EMMC filed its Local Rule 56(h) memorandum. Def.'s Pre-Filing Conference Mem. (ECF No. 22). On November 20, 2020, Mr. Ako-Annan submitted his Local Rule 56(h) memorandum and stated he intended to withdraw the retaliation claim alleged in Count I of the Complaint. Pl.'s Resp. to Def.'s Pre-Filing Conference Mem. at 1-2 (ECF No. 23).

On December 14, 2020, the Court held the Local Rule 56(h) conference. Min. Entry (ECF No. 24). On December 18, 2020, the Court issued an order on two issues raised at the Local Rule 56(h) conference. Order (ECF No. 25). First, the Court dismissed with prejudice Mr. Ako-Annan's claims “arising out of any alleged discrimination that may have occurred during the course of [his] employment with [EMMC] ¶ 2013.” Id. at 1. Second, it dismissed with prejudice Mr. Ako-Annan's “claim for alleged retaliation (Count I in the Complaint) directed at him by [EMMC] arising out of [Mr. Ako-Annan's] involvement as a witness in the ‘L.R. Litigation.'” Id.

On January 15, 2021, EMMC filed the Local Rule 56(h) stipulated record. Stipulated Facts (ECF No. 26) (R.); id., Attachs. 1-10. On January 25, 2021, EMMC filed its motion for summary judgment and statement of material facts. Def. Eastern Maine Medical Center's Mot. for Summ. J. (ECF No. 29) (Def.'s Mot.); Def.'s Statement of Undisputed Material Facts in Supp. of Mot. for Summ. J. (ECF No. 30) (DSMF).

On February 23, 2021, Mr. Ako-Annan responded in opposition to EMMC's motion for summary judgment. Pl.'s Mem. in Opp'n to Def.'s Mot. for Summ. J. (ECF No. 32) (Pl.'s Opp'n). That same day, he also filed his response to EMMC's statement of material fact and his additional statement of material facts in the same document. Pl.'s Resp. to Def.'s Statement of Material Facts (ECF No. 31) (for paragraphs 1-74, PRDSMF; for paragraphs 75-251, PSAMF). On March 19, 2021, EMMC replied to Mr. Ako-Annan's opposition to summary judgment and to his responsive statement of facts. Def.'s Reply in Supp. of Mot. for Summ. J. (ECF No. 35) (Def.'s Reply); Def.'s Reply to Pl.'s Additional Facts and Resp. to Pl.'s Reqs. to Strike Statements of Fact (ECF No. 36) (DRPSAMF).

II. FACTUAL BACKGROUND

In keeping with “the conventional summary judgment praxis, ” the Court “recount[s] the facts in the light most hospitable to [Mr. Ako-Annan's] theory of the case, consistent with record support.” Gillen v. Fallon Ambulance Serv., Inc., 283 F.3d 11, 17 (1st Cir. 2002) (citation omitted).

A. The Parties

David Ako-Annan is an African American Black^[1] male born in Ghana. PSAMF ¶ 93; DRPSAMF ¶ 93. Mr. Ako-Annan holds a bachelor's degree in Food Science and Nutrition, a Master of Business Administration (MBA) in Healthcare Management, and a master's degree in Human Relations Counseling. PSAMF ¶ 94; DRPSAMF ¶ 94.

EMMC is a four-hundred-eleven-bed hospital that provides services to communities in central, eastern, and northern Maine. R. ¶ 1. In addition to operating the hospital on its main campus in Bangor, EMMC operates several outpatient practices including primary care practices in Bangor, Brewer, Hampden, and Orono, Maine. R. ¶ 2.

B. 2013-2015: EMMC Hires David Ako-Annan to Manage the Orono Primary Care Practice

In 2013, while interning for EMMC, Mr. Ako-Annan submitted a complaint of race discrimination by co-workers; however, EMMC took no action to address his complaint. PSAMF ¶ 95; DRPSAMF ¶ 95. On June 12, 2013, EMMC hired Mr. Ako-Annan as the office manager at the Orono Primary Care Practice (the Orono Practice). R. ¶ 3. On November 3, 2013, EMMC changed Mr. Ako-Annan's title to practice manager, but his compensation and duties remained the same. R. ¶ 4. As practice manager, Mr. Ako-Annan was responsible for ensuring the smooth operation of the practice and hiring staff. R. ¶¶ 5-6. He was also responsible for staff morale. DSMF ¶ 1; PRDSMF.^[2]

All members of EMMC's leadership team, including the practice director for primary care are responsible for various issues within the primary care practices. PSAMF ¶ 135; DRPSAMF ¶ 135. A practice manager needs support from upper management to accomplish his or her objectives. PSAMF ¶ 136; DRPSAMF ¶ 136. EMMC's Director of Physician Services supervises its practice managers. R. ¶ 7. Kathy Lavallee was the Director of Physician Services from Mr. Ako-Annan's hiring through May 2015, when Donna Ashe assumed the position. R. ¶ 8.

C. 2015-2016: Donna Ashe Replaces Kathy Lavallee as Director of Physician Services

In May 2015, Donna Ashe replaced Ms. Lavallee as Director of Physician Services. R. ¶ 8. Ms. Ashe supervised five practice managers. R. ¶ 9. Of the six primary care practices in the greater Bangor area, Mr. Ako-Annan was the only male practice manager and only non-white practice manager during Ms. Ashe's tenure as Director of Physician Services. PSAMF ¶¶ 81-82. Ms. Ashe made the final decision on who to hire as primary care practice managers, and EMMC has not performed any inquiry into why Ms. Ashe was hiring only female practice managers. PSAMF ¶ 88-89; DRPSAMF ¶¶ 88-89. In various conversations with Ms. Ashe, Mr. Ako-Annan brought up the fact that there was not a lot of diversity or focus on diversity at EMMC. PSAMF ¶ 83; DRPSAMF ¶ 83.

Initially, Mr. Ako-Annan believed he had a good relationship with Ms. Ashe. DSMF ¶ 2; PRDSMF ¶ 2. Early in Ms. Ashe's tenure, Mr. Ako-Annan filled in as the interim practice manager at EMMC's Husson Family Medicine practice in Bangor while also performing his duties at the Orono Practice. PSAMF ¶¶ 98-99; DRPSAMF ¶¶ 98-99. Ms. Ashe did not ask Mr. Ako-Annan whether he was interested in pursuing the open position at Husson Family Medicine, he did not apply for the position, and he was not hired for the position.^[3] PSAMF ¶¶ 98-99; DRPSAMF ¶¶ 98-99.

Eventually, EMMC hired a white female, C.G., to manage the Husson Family Medicine practice. PSAMF ¶ 100; DRPSAMF ¶ 100. C.G. stayed in this position for one year before D.L. replaced her in 2018. PSAMF ¶ 100; DRPSAMF ¶ 100. At that time, D.L. had an overall performance score of 2.8 in her previous position in patient relations. PSAMF ¶ 101; DRPSAMF ¶ 101.

D. December 2016: The Relationship Between David Ako-Annan and Donna Ashe Starts to Deteriorate

The relationship between Mr. Ako-Annan and Ms. Ashe began to deteriorate in December 2016 when the pair met to discuss Mr. Ako-Annan's annual performance evaluation. DSMF ¶ 3; PRDSMF ¶ 3. Mr. Ako-Annan did not believe this evaluation was accurate. DSMF ¶ 3; PRDSMF ¶ 3. When Mr. Ako-Annan raised his concerns, Ms. Ashe questioned his intelligence and Mr. Ako-Annan “expressed to her that [he] felt like there [was] a double standard” applied to him. DSMF ¶ 4; PSMF ¶ 4. At that time, Ms. Ashe understood Mr. Ako-Annan was suggesting that he was perceiving some unfairness toward him because of his race or gender. PSAMF ¶ 111; DRPSAMF ¶ 111. In response, Ms. Ashe said that she was not treating Mr. Ako-Annan differently and that she had a Black foster child so there was no way she would not like Mr. Ako-Annan. DSMF ¶ 4; PRDSMF ¶ 4; PSAMF ¶ 104; DRPSAMF.^[4] Mr. Ako-Annan found this statement offensive. DSMF ¶ 4; PRDSMF ¶ 4. EMMC's director of human resources, Alison Worster, agreed in an October 15, 2020, deposition that Ms. Ashe's comment about having a Black foster child was inappropriate. PSAMF ¶ 106; DRPSAMF ¶ 106.

Ms Ashe ended the performance review by telling Mr. Ako-Annan that he is very smart, has numerous credentials and qualifications, dresses professionally, perhaps even more professionally than most of EMMC's vice presidents, and that he had outgrown his position and should consider pursuing another position within EMMC. DSMF ¶ 5; PRDSMF ¶ 5; PSAMF ¶ 102; DRPSAMF ¶ 102. Mr. Ako-Annan interpreted these comments by Ms. Ashe as suggesting that he look for another job within EMMC. PSAMF ¶ 103; DRPSAMF ¶ 103. Mr. Ako-Annan informed Ms. Ashe that he wanted to meet with her supervisor, Michael Reid, and emailed Mr. Reid on...