Everson v. Medlantic Healthcare Group

414 F.Supp.2d 77

Kimberly EVERSON, Personal Representative for the Estate of Jamesel Robinson, Plaintiff, v. MEDLANTIC HEALTHCARE GROUP, Defendant.

No. CIV.A. 00-226(JMF).

United States District Court, District of Columbia.

February 13, 2006.

COPYRIGHT MATERIAL OMITTED

Michael C.Z. Okpala, Silver Spring, MD, Keith J. Harrison, King, Pagano & Harrison, Washington, DC, for Plaintiff.

Larry P. Rothman, Esq., Trina L. Fairley, Keith J. Harrison, King, Pagano & Harrison, Washington, DC, for Defendant.

MEMORANDUM OPINION

FACCIOLA, United States Magistrate Judge.

This case was referred to me for all purposes including trial. Currently pending before me for resolution is Defendants' Motion for Summary Judgment, which, for the reasons stated herein, will be granted.

I. BACKGROUND

Jamesel Robinson filed the present lawsuit alleging that defendant, her former employer, (1) unlawfully discriminated against her based on her age in violation of the District of Columbia Human Rights Act ("DCHRA"), D.C.Code § 2-1401 et seq., and the Age Discrimination in Employment Act ("ADEN"), 29 U.S.C. § 621 et seq., (2) subjected her to a hostile work environment, (3) subjected her to a dangerous working condition, and (4) intentionally inflicted emotional distress. Robinson claims that defendant's actions caused her to suffer from multiple health problems, including high blood pressure, migraine headaches, stress, and a lung disorder, which ultimately led her to stop working. Since initiating the lawsuit, Robinson has passed away, but her daughter, Kimberly Everson, who is also the Personal Representative of her estate, has succeeded her as plaintiff. Defendant has moved for summary judgment on all claims asserted in the Amended Complaint.

II. FACTS

Robinson was employed by defendant's Washington Hospital Center ("defendant" or "the Hospital") from January 1971 through October 1999, when she stopped working due to disability. Amended Complaint ("Am.Compl.") ¶ 2. She began her employment as a Junior Nurse's Aide and, after other jobs within the Hospital, became a Financial Counselor in the Admitting Department in 1996. Defendant's Memorandum in Support of Its Motion for Summary Judgment ("Def.'s Mem.") at 3. As a Financial Counselor, Robinson was responsible for verifying patients' demographic and insurance information. Plaintiff's Opposition to Defendant's Motion for Summary Judgment ("Pl.'s Opp'n") at 10. Robinson remained a Financial Counselor until her departure in 1999. Am. Compl. ¶ 6.

When Robinson first became a Financial Counselor, her immediate supervisor was Kurt Thorne. Def.'s Mem. at S. On January 15, 1998, Thorne issued Robinson a written reprimand for a performance error related to the verification of a patient's insurance. Pl.'s Opp'n at 10. Specifically, Thorne had instructed Robinson to work on a particular patient's case, but she failed to work on the case for two to three days and, as a result of the delay, the insurance company denied the patient's claim. Def.'s Mem. at 5. Robinson believed that the reprimand was unjustified on the ground that another Financial Counselor had started the case and she felt that the other Financial Counselor should have been required to complete it. Pl.'s Opp'n at 10. After Thorne had assigned Robinson the case, she had asked him for two or three days to reassign the case to the other employee, but he refused to do so. Def.'s Mem. at 5. Robinson filed a grievance under her union's collective bargaining agreement. Id. at 6. Due to an error in applying the collective bargaining agreement's progressive discipline process, the Hospital agreed to reduce Robinson's discipline from a second step written warning to a first step conference report. Id.

Financial Counselors are part of the Admitting Department. While Robinson was employed as a Financial Counselor, the head of the Admitting Department was Susan Manselle. Am. Compl. 12. Robinson claims that, in 1998, Manselle came into her office, pointed a finger in her face, accused her of being rude to a doctor's secretary, and then accused her of lying when she denied being rude. Am. Compl. ¶ 12; Pl.'s Opp'n, Exh. 1 at 177-79.

On June 12, 1998, Thorne told Robinson and a co-worker, Ethlyn Muir, that they were too old for the job and that it was for younger people.¹ Am. Compl. ¶ 8; Pl.'s Opp'n, Exh. 1 at 161. At the time, Robinson was fifty-seven years of age.

On June 22, 1998, Thorne issued Robinson a written reprimand and a three day suspension for failing to obtain pre-certifications on five patients' accounts within forty-eight hours of the patients' admission, which allegedly resulted in a $150,000 loss to the Hospital. Def.'s Mem. at 6. Robinson believed that her reprimand was unfair on the ground that denials are routine and that, although there were two pages of denials, her five denials were the only ones resulting in discipline. Pl.'s Opp'n at 10. Robinson filed a grievance and, due to another error in applying the progressive discipline process, the Hospital reduced the reprimand to a second step written warning and revoked the suspension. Def.'s Mem. at 7. Robinson was given full back pay for the three days that she was suspended. Id.

Robinson also claimed that Thorne refused to let her attend educational training classes and computer classes while allowing younger employees to attend the same. Am. Compl. ¶ 11. Robinson did not identify any of the younger employees that Thorne allegedly allowed to attend such trainings. Am. Compl. ¶ 11; Def.'s Mem. at 11; Pl.'s Opp'n at 12.

On July 8, 1998, Robinson met with Thorne for her annual employment evaluation. Def.'s Mem. at 7. Thorne allowed his assistant and another Financial Counselor to sit in on the meeting. Am. Compl. ¶ 14; Pl.'s Opp'n, Exh. 1 at 117. Robinson felt that this was an invasion of her privacy. Am. Compl. ¶ 14.

On November 24, 1998, Robinson's new supervisor, Jeff Joyner, issued her a reprimand and a three day suspension for failing to timely complete a patient's insurance verification. Def.'s Mem. at 8. Robinson believed that the reprimand was unjustified on the ground that the reason she could not verify the insurance was because the patient's insurance information had not yet been "linked" by the Pre-Admitters. Am. Compl. ¶ 15. Robinson filed a grievance, her suspension was rescinded, and she was reimbursed for the three days that she was suspended. Pl.'s Opp'n at 8, Exh. 1 at 347.

In July 1999, Joyner prohibited Robinson from selling pizza coupons for her granddaughter's school during working hours. Am. Compl. ¶ 16; Def.'s Mem. at 10. Robinson claimed that Joyner orally reprimanded her for trying to sell the coupons and that, although Joyner had previously purchased items from both Robinson and other employees, she was the only employee he reprimanded. Am. Compl. ¶ 16; Pl.'s Opp'n at 11. According to the Hospital, Joyner was merely implementing an office-wide policy prohibiting employees from selling items during office work time. Def.'s Mem. at 10.

In September 1999, Manselle raised her voice to Robinson in front of other employees, shouting, "Robbie, we do not hold patients up, you will wear this! you will wear this!".[sic] This shall be attached to your name."² Am. Compl. ¶ 17.

During the summer months of 1999, the air conditioning unit in Robinson's office was leaking a black substance. Am. Compl. ¶ 28. When Robinson and her office mates first noticed the leak, they informed Joyner of the problem. Def.'s Mem. at 9. The Hospital informed Robinson that they were waiting for the necessary part to repair the unit. Id The air conditioning unit was not repaired until October 1999. Am. Compl. ¶ 28. During her deposition, Robinson stated that she had no reason to believe that the Hospital was being untruthful when she was told that they were waiting for a part. Def.'s Mem. at 9.

On October 8, 1999, Robinson left work on disability due to high blood pressure. Pl.'s Opp'n, Exh. 1 at 225. She did not return to work, id., and passed away on October 16, 2001. Def.'s Mem. at 2.

III. DISCUSSION

A. Summary Judgment Standard

Summary judgment is appropriate when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). "To determine which facts are `material,' a court must look to the substantive law on which each claim rests." Bobreski v. U.S. Envtl. Prot. Agency, 284 F.Supp.2d 67, 72 (D.D.C.2003) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). "A `genuine issue' is one whose resolution could establish an element of a claim or defense and, therefore, affect the outcome of the action." Bobreski, 284 F.Supp.2d at 72-73 (citing Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Anderson, 477 U.S. at 248, 106 S.Ct. 2505).

To prevail on a motion for summary judgment, a defendant must show that the plaintiff "fail[ed] to make a showing sufficient to establish the existence of an element essential to [the plaintiffs] case, and on which [the plaintiff] will bear the burden of proof at trial." Celotex, 477 U.S. at 322, 106 S.Ct. 2548. In ruling on a motion for summary judgment, the court must draw all justifiable inferences in the nonmoving party's favor. Anderson, 477 U.S. at 255, 106 S.Ct. 2505. In defending against a motion for summary judgment, the plaintiff cannot rely solely on allegations and conclusory statements, but must present specific facts that would enable a reasonable jury to find in its favor. Greene v. Dalton, 164 F.3d 671, 675 (D.C.Cir.1999).

B. Plaintiff's Age Discrimination Claim

Both the ADEA and the DCHRA make it unlawful for an employer to discriminate against an employee because of that employee's age. 29 U.S.C. § 623(a)(1); D.C.Code § 2-1402.11(a)(...