Beck v. Brookville Behavioral Health, Inc., 2:19-cv-01348

RODNEY M. BECK, Plaintiff, v. BROOKVILLE BEHAVIORAL HEALTH, INC., Defendant.

2:19-cv-01348

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

April 2, 2021

MEMORANDUM OPINION

Plaintiff Rodney M. Beck ("Beck") alleges that he was terminated from his employment by Defendant Brookville Behavioral Health, Inc. ("Brookville") in violation of the Americans With Disabilities Act, 42 U.S.C. §§ 12101-12117 (ADA), and the Pennsylvania Human Relations Act, 43 P.S. §§ 951-63 (PHRA). Brookville denies any liability to Beck.

Presently pending is Brookville's motion for summary judgment (ECF No. 26). For the reasons that follow, its motion will be denied.¹

I. Brief Procedural History

Beck commenced this action in October 2019. In Count I, he alleges that his termination constituted disability discrimination in violation of the ADA. Count II asserts the same claim under the PHRA.

Following the completion of discovery, Brookville moved for summary judgment (ECF No. 26), and its motion has been fully briefed (ECF Nos. 27, 30, 37).

II. Relevant Factual Background

A. Beck's Role and Responsibilities at Brookville

Beck began working for Brookville as a behavioral specialist consultant and mobile therapist in December 2014. In March 2018, he became its Program Director and Clinical Coordinator. (Defendant's Concise Statement of Material Facts ("DCSMF") ¶ 1.) He reported to Brookville Chief Executive Officer Ron Park. (Id. ¶ 2.)²

Brookville was and is a licensed outpatient program as it has historically provided behavioral health rehabilitative services. As Program Director, Beck worked with Lee Ann Kohler, a reviewer for the Pennsylvania Office of Mental Health and Substance Abuse in the Department of Human Services ("DHS"), who oversaw Brookville's licensing requirements. (Id. ¶ 3; PRDCSMF ¶ 3.) Kohler's job responsibilities with DHS include oversight of state licensing requirements associated with mental health programs and monitoring these programs. (DCSMF ¶ 4.)

During the transition of leadership in 2018, Kohler directly interacted with Beck and Park in order to educate them as to the expectations of an outpatient program such Brookville. Providers such as Brookville are required to complete updated policies and procedures in conformity with the requirements of DHS in order to maintain their state license. (Id. ¶ 6.) Kohler requested that Brookville's policies and procedures manual be updated at her very first interaction with Beck and Park. Kohler communicated with Park and Beck multiple times with regard to state licensingrequirements (Id. ¶ 9.)

As Brookville's Program Director, one of Beck's responsibilities in meeting Brookville's licensing requirements entailed updating its policies and procedures manual. (Id. ¶ 10.)³ Kohler expected that the manual would be finished by the next time that she met with Beck about two weeks later. She later communicated to Beck on or about May 1, 2018 that the manual needed to be updated and finalized immediately. This never occurred during Beck's tenure as Program Director, however. (Id. ¶ 12.)

B. Issues Regarding Beck's Performance

The parties substantially disagree about issues related to updating Brookville's policies and procedures manual. According to Brookville, Park periodically checked in with Beck to assess his progress in updating the manual and Beck informed him that the manual was being drafted. Brookville contends that these statements were untrue. (Id. ¶ 21.) Rather, Beck provided Kohler with an old version of the manual and misrepresented to her that it was an "updated" version. (DCSMF ¶ 11.) The document that he provided to Kohler had not been updated in accordance with state licensing requirements. (Id. ¶ 13.)

Kohler had serious concerns regarding Beck's performance and abilities as Program Director. She communicated her frustrations and concerns to Park, explaining that Beck had misrepresented his performance with regard to the manual. (Id. ¶15.) Kohler informed Park thatBeck had failed to make any progress with regard to the manual and attempted to pass off an old version for one that was newly drafted. (Id. ¶ 22.) After Park confronted Beck about his lack of progress, Beck attempted to shift his own responsibilities with respect to the manual to his staff. (Id. ¶ 23.)

By contrast, according to Beck, during Kohler's mid-July 2018 visit, he provided her with Brookville's policy documents and asked her if she believed those policies should be updated. The documents provided by Beck were policies and procedures in place that Beck had gathered from the limited information he had. Beck asserts that these documents were never represented by him to be new policies. These were documents about which Beck had questions of Kohler concerning whether they were policies that could be updated currently. Kohler told Beck he needed to speed up the process of rewriting policy manuals, but Beck informed Kohler that he needed to talk to Park about the timing. (PRDCSMF ¶¶ 20-24.)

Beck states that the decision not to update those policies as quickly as Kohler preferred was made by Park. According to Beck, Park instructed Beck in early May to begin his review and recreation of the manual but did not give Beck a deadline for completion of this work. Shortly after Beck began to identify policies and procedures that were not in line with current regulations, Park instructed Beck that until a permanent human resources director was hired, he should not proceed any further other than to determine what new policies were needed. Brookville did not hire a new HR director before Beck was terminated. (Id.)

Thus, Beck asserts, he waited for the retention of a new HR director, he reviewed older policies in order to determine what needed to be updated. As Park was off work for extensive periods between May and July 2018 and unavailable to answer Beck's questions, it was difficult for Beck to know which policies were new and which were older. Beck also denies asking othersto do his work; rather, he asked for input from his subordinates so he could determine if the policies in each area could be updated. (Id.)

As Brookville points out, Beck did not tell Kohler that Park had instructed him to stop working on new policies. (DRPSMF ¶ 41.) Beck notes, however, that Park did not inform Kohler that he told Beck to hold off on developing new policies pending the hiring of a new HR director. (PRDCSMF ¶¶ 10-15.)⁴

In addition to issues related to the manual, Park also learned that Beck had falsely stated that "TherapyNotes," an online client database system scheduled for implementation, was ready to "go live." (DCSMF ¶ 20.) After being told by Beck that "TherapyNotes" was ready, Park learned that, in fact, the program was not even close to complete. Beck had been tasked with handling TherapyNotes in April or May 2018. (Id. ¶ 24.)

Park also learned of concerns regarding Beck's behavior and job performance from other employees. (DCSMF ¶¶ 25, 26.) Beck had falsely represented in his time sheets that he attended meetings when, in fact, he had not done so. He also failed to timely appear at a meeting in which he was required to terminate a therapist. (Id. ¶ 27.)⁵ Beck notes that this issue was never raised with him. (PRDCSMF ¶ 27.)

Park was also advised that Beck used his cellphone to communicate with women on "match.com" during work hours and showed an employee a topless individual from the website.(DCSMF ¶ 28.) Beck again asserts that Defendant never raised this issue with him. (PRDCSMF ¶ 28.)

Other employees raised issues regarding Beck attempting to delegate his responsibilities to them or a lack of communication or support. (DCSMF ¶¶ 29-32.) Beck asserts that he was seeking input from his subordinates, not delegating his work to them. (PRDCSMF ¶¶ 29-32.)

Brookville also claims that aside from Beck's dishonesty and poor job performance as the Program Director, there were occasions when he inappropriately contacted Kohler after hours. Kohler blocked his number because she felt that Beck was attempting to "manipulate" her as she is a state official tasked with enforcing Brookville's licensing requirements.⁶ Beck notes that Kohler did not state that she had a problem with him contacting her after hours while he was working at Brookville.⁷ Brookville did not identify this issue as a reason for his termination. (PRCDSMF ¶¶ 16-17.)⁸

C. Park's Comments About Beck

Beck has a disability as a result of birth defect that caused him to sustain bone, muscle and nerve damage in his right arm and shoulder. He cannot use his right hand. He is substantially limited from performing any actions that would require dexterity in the use of both hands or that would require reaching behind him, to the right side, or downward. (PSMFPSJ ¶¶ 1-2.)⁹According to Beck, Park, who became Brookville's CEO in March 2018, mocked and ridiculed Beck's disability both at work and during meetings outside of work with his subordinates. (Id. ¶¶ 4, 5.) Park referred to Beck as his "right hand man who did not even have a good right hand of his own," and would say that it was "funny" because he "never believed his right hand man would be a guy who didn't have a right hand-you know, a cripple." (Id. ¶ 6.) Park repeatedly referred to Beck as a "cripple" both to Beck and other employees and during meetings with Defendant's providers. These kinds of comments, as well as referring to Beck as a "gimp," were made by Park on a weekly basis. (Id. ¶¶ 9-10.) Park also would ask Beck if he ever became tired of "jacking-off" with his left hand, and speculated to Beck's co-workers that Beck must not be able to masturbate because he could not reach his penis due to his short right hand. (Id. ¶¶ 7-8.)

Notably, Park also asked Beck if his work on the policies he was in the process of rewriting or updating was being delayed because of Beck's "crippled arm." (Id. ¶ 22.)

Park's comments were made to various Brookville employees, including Susannah Volpe, John...