Equal Emp't Opportunity Comm'n v. Grane Healthcare Co.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. GRANE HEALTHCARE CO. and EBENSBURG CARE CENTER, LLC, d/b/a CAMBRIA CARE CENTER, Defendants.

CIVIL NO. 3:10-250

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

September 15, 2015

JUDGE KIM R. GIBSON

MEMORANDUM OPINION AND ORDER OF COURT

I. INTRODUCTION

This matter comes before the Court upon conclusion of a bench trial held December 17 and 18, 2014, and January 20, 21, 22, 27, and 28, 2015. The parties submitted their Proposed Findings of Fact and Conclusions of Law on June 10, 2015, and submitted responses thereto on July 10, 2015.

II. FINDINGS OF FACT

a. Chelsea Siska

Chelsea Siska was employed at Laurel Crest from 2008 until December 2009. She held the position of Certified Nurse Aide. She obtained her CAN certification through a vo-tech program paid for by Laurel Crest in 2008. Her job duties included bathing, feeding, and mobilizing residents and performing other activities of daily living with the residents.

Ms. Siska applied for a position with Defendants seeking a CNA position at Cambria Care Center. As part of the application process, Siska was required to undergo a physical examination and urine drug test. Siska was also required to fill out a medical questionnaire as part of the application process. (Ex. P-74). At the time of Siska's application for employment, she was recovering from drug addiction. She testified that she was receiving medical methadone treatment at the time. She testified that she did not disclose the methadone prescription because she did not think it would show up in the drug test, and she did not think it was anybody's business to know the problems she had experienced in the past. Siska's urine test revealed the presence of methadone in her system. (Tr. Vol. I at 114:12-17, Ex. P-93). The methadone that Siska was taking did not inhibit her from performing the job duties of a CNA. (Tr. Vol. I. at 22:18-20). Siska was not offered a position by either Grane or Cambria Care Center. (Tr. Vol. I at 21:13-15). Siska was not hired because she failed the drug test. (Tr. Vol. VII at 78:3-12 and Defendants' Ex.166). Beth Lengle did not follow up with Ms. Siska to see if she was treating with legally prescribed methadone. (Tr. Vol. VII at 79:13-15). Lengle would hire someone if they were prescribed methadone legally and disclosed it. (Tr. VII at 90:24-25).

In approximately June of 2010, Siska obtained a part-time position at Cambria Residential Services in Johnstown, Pennsylvania, as a home health caregiver, which eventually turned into a full-time position. (Tr. Vol. I at 21:21-22:5). Siska earned about $7/hour working part-time at Cambria Residential Services. (Tr. Vol. I at 32:10-11). Her pay rate went up to $8.20/hour after four to five months when she became a full-time employee and began working forty (40) hours per week. (Id. at 32:14-17, 32:23-25). As a full-time employee, Siska received healthcare benefits for herself and her daughter. She did not participate in the health benefits at Laurel Crest. (Tr. Vol. I at 33:16-25). Siska worked at Cambria Residential Services for approximately nine months. (Tr. Vol. I at 25:19; 33:1-7). She earned $8,310.24 from Cambria Residential Services in 2010. (Tr. Vol. I at 23:9-18; Ex. P-75). Siska earned $3,844.58 from Administrative Services Company in 2010. (Ex. P-75).

In 2011, she left Cambria Residential Services and began working for AceraCare Hospice, because she needed a better-paying job. (Tr. Vol. I at 25:20-25). Siska's hourly rate at AceraCare was approximately $10 per hour. (Tr. Vol. I at 26:1-2). Siska received medical, vision and dental benefits for her and her daughter at AceraCare. She was not eligible for a 401(k) when she first started there. (Tr. Vol. I at 34:13-19). She earned $20,298.38 from AceraCare in 2011. (Ex. P-75). While working at AceraCare in 2011, Siska also had a second job waitressing. As a waitress, she earned approximately $2 per hour, plus tips. (Tr. Vol. I at 22:11-19). She earned $902.64 in 2011 from her waitressing job at Michelle Kubat. (Ex. P-75). Siska did not hold a second job waitressing when she worked at Laurel Crest because the pay was good and was enough for her and her daughter. (Tr. Vol. I at 26:19-24). Her AceraCare Hospice job required her to do a lot of driving, which resulted in a lot of wear and tear on her car, which she had to use for her job. (Tr. Vol. I at 27:3-11). Siska continued to work for AceraCare in 2013 for the same hourly rate. (Tr. Vol. I at 27:12-17).

In or around early summer 2013, Siska returned to Cambria Residential Services, where she worked part-time. She earned approximately $7.40/hour for about four months, until a full-time position opened. (Tr. Vol. I at 27:18-28:8). Siska continued working as a waitress in 2013 as a second job. (Tr. Vol. I at 27:10-13). Siska earned $5,852.18 at Cambria Residential Services in 2013. (Ex. P-75). She also earned $902.25 waitressing at Michelle Kubat in 2013. (Ex. P-75; Chapman Ex. 18).

In 2014, Siska took a job at Maple Winds in Portage as a certified nurse's assistant, earning $9.00/hour during the probation period. She only worked there for three months and did not complete the probation period due to ongoing problems with her car. (Tr. Vol I at 28:24-30:2).

Siska intended to spend her career as a CNA at Cambria Care Center, as she lives close to the facility and can walk to work if need be. The pay rate was perfect for her and her daughter, and it was the only job she had that had a retirement plan with a 401(k). (Tr. Vol. I at 30:6-20). The average hourly wage paid to CNAs at Cambria Care Center was $11.88 per hour, forty hours per week. (Chapman Ex. 2; Chapman Ex. 18).

b. Ellen Dinsmore

Ellen Dinsmore worked as a Nurse Aide at Laurel Crest from 1972 through 1975. (Tr. Vol. I at 49:13-18). She left in 1975 to raise her two children from 1975 to 1990. (Tr. Vol. I at 49:19-21, 49:25-50:3). Dinsmore returned to Laurel Crest as a Nurse Aide on April 15, 1990. (Tr. Vol. I at 49:11-12, 50:9-11). She worked at Laurel Crest until December 31, 2009. (Tr. Vol. I at 50:14-15). She was in the laundry for the last five years of her employment. (Id. at 50:16-18).

As a Nurse Aide, Dinsmore's job duties were to help feed, dress, and wash between eight and ten residents per day, and to assist the residents with other activities of daily living. (Tr. Vol. I at 50:21-24). Dinsmore's job in the laundry department was to collect, sort, wash and dry the residents' laundry, including sheets, bed linens, and personal clothing in commercial washers and dryers, and then return the laundry to the floors. (Tr. Vol. I at 51:6-12). Dinsmore's position in the laundry department was full-time, and she worked 4 a.m. to noon. (Id. at 51:13-16). Her last pay rate in the laundry was $11.40 an hour. (Id. at 52:2-6).

Dinsmore applied for a job with Grane as a Nurse Aid, in housekeeping or laundry. (Id. at 52:20-23; Ex. P-16). She was required to undergo a physical, a drug test, and a TB test as part of the application process. (Id. at 53:5-8). Dinsmore was also required to fill out a questionnaire asking for "Medications Currently Used," prior to her physical exam. (Id. at 53:13-25). At the time of her application, Dinsmore was being treated with Chantix to stop smoking, Nexium for esophageal reflux, Metformin for Type 2 Diabetes, Fluoratine for depression and anxiety, Simvastatin for high cholesterol, Meloxicam, and Hydrocodone for pain in her lower left abdomen, which was later attributed to rheumatoid arthritis. (Id. at 54:19-56:11, Ex. P-17). She currently suffers from rheumatoid arthritis, but had not been diagnosed with it at the time. (Id. at 56:12-16).

At the time of Dinsmore's medical examination, she told the physician's assistant performing the examination that she had suffered a torn meniscus as a result of a work-related injury several years prior. (Tr. Vol. I at 56:19-57:9, 57:22-25, 58:13-16; Ex. P-17). Dinsmore had stated on her application that she had suffered an injury to her knee. (Tr. Vol. I at 59:6-8). The physician's assistant asked Dinsmore to write down exactly what had happened to her knee. (Id. at 58:21-59:3). Dinsmore wrote that while working in the Alzheimer's behavior unit she was kicked by a resident while feeding him, catching her knee and hyperextending it. As a result, her meniscus was torn, her tibia was fractured, and her ACL ligament was torn. She was also taken out of work. (Id. at 59:23-60:4). Dinsmore returned to work after being off for seven weeks, first working light duty for approximately a year, and then going back to full duty. (Id. at 60:7-25). She did not have any restrictions when she returned to work. (Id. at 61:1-2). The physician's assistant performing the exam made Dinsmore squat and walk, which she was unable to do. (Id. at 61:7-16). The physician's assistant informed her that she was going to send her to Creighton, which was a rehabilitation-like center. She told her that they wanted to perform a work simulation, but was 99% sure that Dinsmore would not pass it. (Id. at 61:17-20). Dinsmore was never sent to Creighton. (Id. at 62:1-2).

Dinsmore also participated in a drug test involving a urine specimen sometime before December 31, 2009. (Id. at 63:21-64:9). Though she did not learn the results of the drug test in 2009, she has since learned that she tested positive for THC, which is a substance in marijuana. (Id. at 64:11-22). Dinsmore stated that she was not using marijuana at any time in 2009. (Id. at 64:23-24). Dinsmore was not offered a position at Cambria Care Center. (Id. at 66:3-4). Nobody from Grane ever came to Dinsmore to ask if she had used THC. (Id. at 66:5-7). Dinsmore tried to find employment with the County because she was seven months shy of having life-time benefits. (Id. at 66:13-19). She needed a job with benefits because her husband was sick and needed benefits. (Id. at 67:2- 6). Dinsmore had benefits at Laurel...