Bauwin v. SDH Servs. E.

Lissa Bauwin, Plaintiff, v. SDH Services East LLC, d/b/a Sodexo, Defendant.

C. A. No. 2:20-cv-04211-RMG-MHC

United States District Court, D. South Carolina, Charleston Division

July 29, 2022

REPORT AND RECOMMENDATION

Molly H. Cherry, United States Magistrate Judge

Plaintiff brings this disability discrimination action against her former employer SDH Services East LLC (hereinafter “Sodexo” or “Defendant”). ECF No 1-1.

Before the Court is Plaintiff's Partial Motion for Summary Judgment (“Plaintiff's Motion”), filed pursuant to Rule 56 of the Federal Rules of Civil Procedure. ECF No. 21. Defendant filed a Response, ECF No. 23, and Plaintiff filed a Reply, ECF No. 24.

Also before the Court is Defendant's Motion for Summary Judgment (“Defendant's Motion”). ECF No. 32. Plaintiff filed a Response, ECF No. 38, and Defendant filed a Reply, ECF No. 39. Both Motions are ripe for review.

All pretrial proceedings in this case were referred to the undersigned United States Magistrate Judge pursuant to the provisions of 28 U.S.C. § 636(b)(1)(A) and (B) and Local Rule 73.02(B)(2)(g), D.S.C. This Report and Recommendation is entered for review by the District Judge. For the reasons set forth below, the undersigned recommends that Plaintiff's Motion be granted, in part, and denied, in part. The undersigned further recommends that Defendant's Motion be granted, in part, and denied, in part.

BACKGROUND FACTS^[1]

Plaintiff's employment with Sodexo began in 2003, and from the beginning of her employment, she served in management roles, starting out as a General Manager 4, Food, in a hospital. ECF No 32-2, Pl. Dep. 17:14-18:15. Over the next several years, she managed the food service operations at several of Sodexo's hospital accounts and accepted her first role as General Manager 5, Food, in 2007. Id. at 18:16-22:6.

I. Plaintiff is Hired as the General Manager 5 of Patient Services

In 2017, through an email notification, Plaintiff learned that Sodexo had posted a job opportunity for a new position called General Manager 5 of Patient Services (“GM5-PS”) in Charleston, South Carolina at the Medical University of South Carolina (“MUSC”) - “a 35 year client for Sodexo.” Id. at 22:7-25:8; ECF No. 32-2 at 167-68; see also ECF No. 32-5, Ellenburg 30(b)(6) Dep 205:15-206:16 (“This was a unique posting because it was specifically over patient services .... this is why it is not just posted as a GM 5 and why patient services is bolded, because it is not your typical General Manager 5. It's a General Manager 5 over Patient Services.”).

The job posting stated, in relevant part:

As the General Manager 5, you will provide oversite to the hospital's Diet Office personnel to ensure that all nutrition/food regulatory requirements are being achieved in operations. [You] will be the conduit between patient tray line and clinical components of compliance.

Job Responsibilities include:

• Implement performance improvement and quality assurance programs targeted to improve nutrition services and patient satisfaction.

• Interact with patients and be the primary liaison for the clinical (physicians, nursing, and pharmacy) and food service teams.

• Ensures compliance to Sodexo operating policies and procedures and works to maintain those standards.

• Accountable for the execution of service quality and ensures patient and client satisfaction.

• Regularly attend system Nutrition steering meetings

• Host monthly diet education classes with nutrition Assistants

• Be the onside expert for the patient ordering system (Healthtouch)

ECF No. 32-2 at 167 (emphasis in original). The job posting provided the following “Position Summary”:

Directs all contract management service operations at a single account/unit. Plans and supervises special functions. Maintains cash control and payroll records. Hires and trains unit personnel. Maintains customer satisfaction and good public relations. Manages through managers and is accountable for the contract. Senior-most person assigned to a one client account.

Id.

Plaintiff applied for the new position. ECF No. 32-2, Pl. Dep. 24:9-15. She accepted the GM5-PS role on June 29, 2017. ECF No. 32-2 at 173; id. Pl. Dep. 25:21-26:3, 28:15-20 (testifying that the title of her last position with Sodexo was “General Manager, Food Service Patient Services”). That same day, Plaintiff signed a job description for a General Manager 5, Food role. ECF No. 32-2 at 175-78; id. Pl. Dep. 26:4-12; see ECF No. 32-5, Ellenburg 30(b)(6) Dep. 68:812 (“It was posted as a GM 5 Patient Service[s], which was [a] very specific job, not one that had its own job description. It was kind of a unique hybrid role.”), 156:20-22 (testifying that Sodexo has generic job descriptions that are broadly written). That job description provided the following duties, among others:

• Executes strategic plan by implementing short and long-term goals that align with the scope of service, mission and values.

• Manages by proving positive and constructive feedback to employees in order to reward, coach, correct and motivate.

• Prepares and updates statistical reports . . . .

• Supervises day-to-day work activities by delegating authority, assigning and prioritizing activities, and monitoring operating standards.

• Establishes a safe work environment for employees by performing safety audits and inspections, conducting safety-related training, and maintaining ongoing communications with employees.

• Creates and manages the budget by increasing revenue and controlling unit expenditures to ensure accuracy of operating and administrative budget.

• Reviews financial statements to ensure performance is in accordance with business strategic initiatives.

• Directs daily food service operations including: menu evaluation and planning, purchasing, inventory, receiving, food preparation and storage.

• Maintains kitchen and storage facilities to meet/exceed sanitary conditions; monitors internal quality assurance and food safety audit process (including HACCP record keeping).

ECF No. 32-2 at 176. The job description further provides the following information regarding supervisory duties and working conditions:

Supervision Provided: Has direct responsibility of client contract and manages activities of unit(s) through lower level subordinate managers or exempt employees who exercise significant latitude and independence in their assignments. Has full Human Resource responsibility.... Functions as an advisor to a unit regarding tasks, projects, and operations. Becomes actively involved in daily operations only when required to meet schedules or to resolve complex problems. Develops and administers budgets, schedules, and performance....

Physical Demands: Typical physical demands are required to perform the work, such as some walking, standing, bending or carrying of light items.

Id. at 178.

Plaintiff's first day of work was July 22, 2017. ECF No. 32-2, Pl. Dep. 25:1-3. She reported to the Resident District Manager, Nikki Pappas, who was hired in August 2017. Id. at 27:4-28:10.

In the GM5-PS role, Plaintiff “managed and directed food service operations at MUSC,” ECF No. 32-2 at 221, which spanned across three different buildings - main campus (“Main”), Institute of Psychiatry (“IOP”), and Ashley River Tower (“ART”). ECF No. 32-2, Pl. Dep. 31:633:18, 67:8-69:19, 78:1-11; ECF No. 32-2 at 229. In terms of the volume of food - the number of trays that needed to be prepared daily per site - Main prepared an average of 1,200 trays, IOP prepared at least 300, and ART prepared an average of 360 trays. ECF No. 32-2, Pl. Dep. 74:777:25.

Sodexo employed three Patient Service Managers (“PSMs”) - two at Main and one at ART - all of whom reported directly to Plaintiff. ECF No. 32-2, Pl. Dep. 88:15-90:13. PSMs are at least five levels below a GM-5 in Sodexo's hierarchy. ECF No. 38-9, Pappas Dep. 12:5-15. Plaintiff also supervised hourly supervisors and food service workers, totaling approximately 80 to 100 people at any given time, and her supervisory duties comprised 75% of her day. ECF No. 32-2, Pl. Dep. at 28:15-29:8, 101:10-23, 325:7-13.

In her Performance Review for Fiscal Year 2018, Plaintiff described her position as follows:

As GM of Patient Services, my focus was developing a strong rapport with Nursing Leadership. I have presented at 2 Nurse Leadership forums - topics included Nursing telephone line statistics, overall timeliness of tray delivery, etc. Attended all Safety Rounds, Night Lights rounding in Women & Children's....

I accepted the position as GM of Patient Services in 2017/2018 as Patient Care is my passion. We have made a lot of progress in improving services by improving timeliness of delivery, which in theory, would increase patient satisfaction scores. Our timeliness scores, with a few exceptions, continued to improve. Our Press Ganey Overall Meal Scores also improved.

The role of GM of Patient Services was a paradigm change. Purchasing, retail production, retail services, catering, etc. were no longer my responsibility. I do need to emphasize that I supported all programs that were initiated in these areas and always supported the needs of the managers and the operation.

ECF No. 32-2 at 196, 209. Plaintiff similarly testified that she has “always attended” safety rounds. ECF No. 32-2, Pl. Dep. 224:11-22. According to Plaintiff, safety rounds did not involve walking through the building looking for safety issues but instead required her to attend a meeting with the nurses and Support Services to discuss anything that may affect patient care. ECF No. 38-1, Pl. 2d Decl. ¶ 12.

Plaintiff conducted Nurse Rounds on a quarterly basis with nurse managers, which involved meeting with nurse managers-either in person or over the phone-to discuss what was going well and...