Lambert v. SavaSeniorCare Admin. Servs.

NDIVE MONGO LAMBERT, Plaintiff, v. SAVASENIORCARE ADMINISTRATIVE SERVICES, LLC, et al., Defendants.

No. DLB-20-2768

United States District Court, D. Maryland

July 29, 2022

MEMORANDUM OPINION

Deborah L. Boardman, United States District Judge

Ndive Mongo Lambert filed suit against his former employers SavaSeniorCare Administrative Services, LLC (“SSC”) and SSC Laurel Operating Company d/b/a Patuxent River Health & Rehabilitation Center (“Patuxent”). Lambert claims the defendants terminated his employment for discriminatory and retaliatory reasons. He brings ten claims: violations of Title VII, 42 U.S.C. § 2000e et seq., for discrimination based on his race, national origin, color, and gender, including disparate treatment (Count I), a hostile work environment (Count II) and retaliation (Count III); violations of 42 U.S.C. § 1981 based on the same conduct (Counts IV, V, and VI); a violation of the Maryland Fair Employment Practices Act, Md Code Ann., State Gov't § 20-601 et seq. (“MFEPA”), for disparate treatment and a hostile work environment (Count VII); intentional infliction of emotional distress (Count VIII); and violations of the Family Medical Leave Act, 29 U.S.C. § 2601 et seq. (“FMLA”), based on interference with his FMLA rights (Count IX), and retaliation for exercising his FMLA rights (Count X).

The parties have filed cross-motions for summary judgment. ECF 46 & 51. The motions have been fully briefed. ECF 53 & 61. No hearing is necessary. See Loc. R. 105.6. For the following reasons, the defendants' motion is granted in part, and Lambert's motion is denied.

Judgment is entered in favor of the defendants on Counts I, II, III, IV, V, VII, and VIII. Because there are genuine disputes of material fact on Counts VI, IX, and X, a jury shall decide those counts.

I. Background

Patuxent is a long-term skilled nursing and rehabilitation facility located in Laurel, Maryland. ECF 46-4, at 18 (65:2-5). S S.C. operates Patuxent, among other nursing facilities across the country. Lambert is a Black, African American man of Cameroonian origin. ECF 46-4, at 14 (48:4-9); ECF 46-8. He is a registered nurse. ECF 46-4, at 14 (49:12-16). He began working at Patuxent in May 2015 as the Director of Nursing. Id. at 17-18 (60:8-10, 63:1-2). He was “the No. 2 in the building” and responsible for the nursing department and the clinical outcomes of the facility. Id. at 19, 33 (66:12 - 67:16, 125:17-21); ECF 46-7, at 12 (38:13-17). His duties included conducting performance reviews, maintaining medical and nursing records, and generally ensuring that nursing staff provided quality care that met or exceeded company and regulatory standards and was appropriate to residents' needs. ECF 46-4, at 19-20 (67:17 - 73:20); ECF 46-5; ECF 466, ¶ 11. Lambert's direct supervisor was Elizabeth Neel, Patuxent's Administrator. ECF 46-4, at 17 (60:11-16); ECF 46-7, at 12 (40:7-16). Neel is a white, Caucasian, American-born woman. ECF 46-7, at 4 (9:11-14); ECF 46-9, ¶ 12: ECF 46-10. Neel was responsible for the overall operation of the facility, but she was not directly responsible for managing the nursing department and did not possess a nursing degree. ECF 46-7, at 9 (27:17 - 29:13).

Neel testified via affidavit that Patuxent was “in the midst of a clinical downward trajectory” when Lambert joined. ECF 51-11, ¶ 2. Lambert worked “many hours over the customary 40-hour workweek” to right the ship, and “he began to cultivate a culture of respect amongst the staff.” Id. ¶¶ 4-5. During his tenure, Patuxent improved its Centers for Medicare & Medicaid Services (“CMS”) star ratings, from 3 to 4 stars overall and from 3 to 5 stars regarding quality measures. Id. ¶ 6. Additionally, there were “fewer reported deficiencies and complaint surveys were at an all-time low.” Id. Under Neel and Lambert, Patuxent secured SSC's 2017 Blue Ribbon Award for the Maryland region, awarded based on measurements of environmental excellence, employee experience, customer experience, business process, and quality care. Id. ¶ 7. Neel and Lambert also secured the 2017 SSC CEO Roundtable award, reflecting “financial excellence, quality excellence, and overall meeting the top-level targets for all [SSC] facilities.” Id. ¶ 9. At the CEO Roundtable celebration, SSC's CEO Tony Oglesby had a personal meeting with Neel and Lambert, during which he praised their “exceptional leadership and clinical expertise.” Id. ¶ 10.

There were, however, concerns about the quality of care at Patuxent voiced by the families of the residents. Family members of Patuxent's residents may join a “Family Council” that works in partnership with the facility. ECF 46-4, at 26 (96:1-6). The Family Council discusses issues affecting the care and safety of residents, establishes action plans to resolve issues, and communicates with Patuxent's management. Id. at 26-27 (97:14 - 99:11); ECF 46-6, ¶ 3. While Lambert was Director of Nursing, the Family Council often expressed concerns about the quality of care at Patuxent, including staffing shortages, patient care, nurses' bedside manners, and documentation errors. ECF 46-4, at 27, 29, 30-32 (99:5 - 100:16, 108:3-7, 113:11 - 118:16); ECF 46-7, at 13, 17 (43:9 - 44:15, 59:4-7); ECF 46-12. Some of these concerns overlapped with deficiencies identified by the Maryland Department of Health in its May 2017 annual survey of Patuxent. ECF 46-4, at 30-31 (113:11 - 114:12). The Family Council shared its concerns, particularly staffing concerns, with management and various state officials. Id. at 27-28 (100:20 - 102:4). The Family Council kept a spreadsheet noting its concerns and tracking efforts to address them. Id. at 28-29 (103:15 - 106:11); ECF 46-11. Versions of this spreadsheet from September 2017 and September 2018 note concerns about areas both within and outside of Lambert's responsibilities as Director of Nursing. ECF 46-4, at 30-33 (111:7 - 117:17, 121:21 - 125:16); ECF 46-7, at 13-17 (43:9 - 58:19). Lambert attended several meetings with the Family Council and was aware of its concerns. ECF 46-4, at 27 (98:12 - 99:11); ECF 46-7, at 15 (52:20 - 53:3).

In September or October of 2018, members of the Family Council met with Neel, Oglesby, and state officials at the Maryland Department of Health Office of Health Care Quality (“OHCQ”) to discuss the Council's ongoing concerns. ECF 46-4, at 34-35 (126:3 - 131:1); ECF 46-7, at 19 (67:21 - 69:20). The Family Council requested a change in leadership at Patuxent, including the replacement of Neel and Lambert. ECF 46-4, at 34-35 (126:3 - 131:1); ECF 46-7, at 20 (70:615). Oglesby defended Lambert and Neel and privately assured them there would be no change in leadership. ECF 46-4, at 47 (179:14 - 180:1); ECF 46-7, at 29 (107:17 - 108:1). Following the meeting, OHCQ conducted surveys of Patuxent. ECF 46-4, at 35 (130:16 - 131:1); ECF 46-7, at 20 (70:16-19). One of the surveys identified several deficiencies, including in areas of patient care. ECF 46-4, at 36 (134:4 - 137:16). Another survey reported no deficiencies. Id. at 65-66 (253:11 - 254:1). In early December, Lambert and Neel prepared Performance Improvement Projects (“PIPs”), including goals and plans to achieve them, as part of a process to correct some of the noted deficiencies. Id. at 37-38 (141:2 - 144:16); ECF 46-7, at 20 (72:3-19); ECF 46-14; ECF 46-15. PIPs were a usual occurrence at Patuxent and were integrated into the facility's broader quality assurance performance improvement plan. ECF 46-7, at 21 (75:17 - 76:17). The December PIPs prepared by Neel and Lambert concerned “meal times, snacks and hydration” and “quality of care.” ECF 46-14; ECF 46-15. Lambert testified that these PIPs were not based on new issues and that the Family Council had been complaining about the same problems, which Lambert stated arose from a “chronic shortage of staff,” since before he started working at Patuxent. ECF 46-4, at 50-51 (192:15 - 194:21).

On November 14, 2018, Lambert's wife gave birth to premature triplets. ECF 46-4, at 42 (160:14 - 161:5). The infants were placed on a ventilator, and Lambert's wife developed high blood pressure, bleeding, and severe headaches. Id. In December, Lambert requested FMLA leave to care for his wife and children, notifying Neel and Katie Harnsberger, a Human Resources representative. ECF 46-4, at 42 (160:6-12); ECF 46-7, at 26 (95:10-17); ECF 46-16. The documentation Lambert submitted indicated that he required leave from December 26 to January 16, 2019 and that he might require intermittent leave between January 17 and March 26. ECF 4616, at 4. His initial FMLA request was approved. ECF 46-4, at 43 (162:9 - 163:13); ECF 46-7, at 26-28 (95:10 - 102:2). In January, Lambert emailed Harnsberger and Neel that he needed to extend his FMLA leave until February 7. ECF 46-17, at 7; ECF 46-18, at 3. The extension also was approved. ECF 46-4, at 44 (169:17-19). On January 31, Lambert informed Neel and Harnsberger that he would require another FMLA form for additional leave at the end of February. ECF 46-19, at 2.

Meanwhile the Family Council continued to press its concerns about Patuxent. On November 16, a representative of the Family Council emailed Stacey Hallissey, SSC's Senior Vice President of Rehabilitation Services and Interim President of the Northeast District (including all Maryland facilities), sharing the Council's concerns and providing documentation. ECF 46-20; ECF 46-21, ¶¶ 3-4. Hallissey began visiting Patuxent on a weekly basis and attending monthly meetings with the Family Council. ECF 46-21, ¶ 6. Hallissey later forwarded the Family Council's email to Christopher Jedd Rawlins, SSC's new Vice President of Operations for the Northeast Division, who had joined the organization in December 2018. ECF 46-20; ECF 46-22, at 6, 10-11 (12:5-8, 29:6 -...