Equal Employment Opportunity Commission v. Methodist Hospitals of Dallas

MOTION for Summary Judgment

N.D. Tex.July 29, 2016

DEFENDANT’S MOTION FOR SUMMARY JUDGMENT - Page 1 1310301.1 217-4112 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION EQUAL EMPLOYMENT OPPORTUNITY § COMMISSION, § § Plaintiff, § § v. § Civil Action No.: 3:15-cv-03104-G § METHODIST HOSPITALS OF DALLAS, § d/b/a METHODIST HEALTH SYSTEM, § § Defendant. § DEFENDANT’S MOTION FOR SUMMARY JUDGMENT TO THE HONORABLE UNITED STATES DISTRICT JUDGE: COMES NOW, Methodist Hospitals of Dallas d/b/a Methodist Health System (“Defendant” or “Methodist”) in the above entitled and numbered cause, and files this Motion for Summary Judgment pursuant to FEDERAL RULE OF CIVIL PROCEDURE 56, and for same would respectfully show the Court the following: I. STATEMENT OF THE CASE This is an employment discrimination case brought pursuant to the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq. (“ADA”), in which Plaintiff alleges that Adrianna Cook was discriminated against by Defendant on the basis of disability. Defendant moves for summary judgment pursuant to Rule 56 of the FEDERAL RULES OF CIVIL PROCEDURE, from all relief demanded from Defendant by Plaintiff. There are no genuine issues as to any material fact with regard to Plaintiff’s claims. Defendant is entitled to judgment as a matter of law because there is no evidence to sustain one or more essential elements of each of Plaintiff’s Case 3:15-cv-03104-G-BK Document 27 Filed 07/29/16 Page 1 of 9 PageID 191 DEFENDANT’S MOTION FOR SUMMARY JUDGMENT - Page 2 1310301.1 217-4112 claims pled herein and because Defendant’s summary judgment evidence conclusively establishes it is entitled to summary judgment on all of Plaintiff’s claims. II. ALLEGATIONS OF LIABILITY In Plaintiff’s Amended Complaint, Plaintiff asserts three causes of action: 1. that Methodist discriminated against Adrianna Cook by failing to accommodate her disability in violation of the ADA; 2. that Methodist terminated Adrianna Cook because of her disability in violation of the ADA; and 3. that Methodist maintains a policy of denying reassignment as a reasonable accommodation by requiring qualified individuals with disabilities to compete for open positions for which they are qualified, in violation of the ADA. III. DEFENDANT’S EVIDENCE IN SUPPORT OF ITS MOTION In support of this Motion, Defendant relies upon: 1. The Affidavit of Simon D. Whiting, attached to the Appendix to this Motion for Summary Judgment as Exhibit “A” and fully incorporated herein, which includes the following attachments: a. Plaintiff’s Amended Complaint (Exhibit “A-1”); b. Defendant’s First Amended Original Answer (Exhibit “A-2”); and c. Plaintiff EEOC’s Responses and Objections to Defendant’s First Requests for Admissions dated April 1, 2016 (Exhibit “A-3”). d. Excerpts from the Deposition of Adrianna Cook taken on April 7, 2016 (Exhibit “A-4”); Case 3:15-cv-03104-G-BK Document 27 Filed 07/29/16 Page 2 of 9 PageID 192 DEFENDANT’S MOTION FOR SUMMARY JUDGMENT - Page 3 1310301.1 217-4112 2. The Affidavit of Regina Robertson attached to the Appendix to this Motion for Summary Judgment as Exhibit “B” and fully incorporated herein, which includes the following attachments: a. Physician note dated March 7, 2012 (Exhibit “B-1”). b. Texas Workers’ Compensation Work Status Report from Dr. James A. Scott dated March 13, 2012 (Exhibit “B-2”). c. Texas Workers’ Compensation Work Status Report from Dr. James A. Scott dated March 21, 2012 (Exhibit “B-3”). d. Texas Workers’ Compensation Work Status Report from Dr. Charles E. Willis, II dated March 27, 2012 (Exhibit “B-4”). e. Certificate to Return to Work or School from Dr. Andrea V. Brown dated March 30, 2012 (Exhibit B-5). f. Absence from Work or School note from Dr. D. Maxwell dated April 4, 2012 (Exhibit B-6). g. Texas Workers’ Compensation Work Status Report from Dr. Charles E. Willis, II dated April 10, 2012 (Exhibit “B-7”). h. Texas Workers’ Compensation Work Status Report from Dr. Charles E. Willis, II dated April 13, 2012 (Exhibit “B-8”). i. Work Release from Dr. Joseph M. Tejan dated April 23, 2012 (Exhibit “B-9”). j. Work Release from Dr. Joseph M. Tejan dated May 7, 2012 (Exhibit “B- 10”). k. Work Release from Dr. Joseph M. Tejan dated May 7, 2012 (Exhibit “B- 11”). Case 3:15-cv-03104-G-BK Document 27 Filed 07/29/16 Page 3 of 9 PageID 193 DEFENDANT’S MOTION FOR SUMMARY JUDGMENT - Page 4 1310301.1 217-4112 l. Work Release from Dr. Joseph M. Tejan dated May 7, 2012 (Exhibit “B- 12”). m. Physician note from Dr. Stephen Ozanne dated May 15, 2012 (Exhibit “B- 13”). n. Physician note from Dr. Stephen Ozanne dated May 25, 2012 (Exhibit “B- 14”). o. Physician note from Dr. Stephen Ozanne dated June 12, 2012 (Exhibit “B- 15”). 3. The Affidavit of Cherie James attached to the Appendix to this Motion for Summary Judgment as Exhibit “C” and fully incorporated herein, which includes the following attachments: a. Patient Care Technician job description (Exhibit “C-1”). b. Email exchange between Cherie James and Kevin Golliglee dated April 17, 2012 re Adrianna Cook leave request (Exhibit “C-2”). 4. The Affidavit of Josie Hernandez attached to the Appendix to this Motion for Summary Judgment as Exhibit “D” and fully incorporated herein, which includes the following attachments: a. Email from Reed Group to Methodist Hospitals of Dallas Benefits Department dated April 25, 2012 re Adrianna Cook leave request (Exhibit “D-1”). b. Email from Reed Group to Adrianna Cook copy to Methodist Hospitals of Dallas Benefits Department dated May 14, 2012 re Adrianna Cook leave request (Exhibit “D-2”). Case 3:15-cv-03104-G-BK Document 27 Filed 07/29/16 Page 4 of 9 PageID 194 DEFENDANT’S MOTION FOR SUMMARY JUDGMENT - Page 5 1310301.1 217-4112 c. Email from Reed Group to Adrianna Cook copy to Methodist Hospitals of Dallas Benefits Department dated June 13, 2012 re Adrianna Cook leave request (Exhibit “D-3”). d. Email from Reed Group to Adrianna Cook copy to Methodist Hospitals of Dallas Benefits Department dated June 27, 2012 re Adrianna Cook leave request (Exhibit “D-4”). e. Email from Reed Group to Adrianna Cook copy to Methodist Hospitals of Dallas Benefits Department dated June 29, 2012 re Adrianna Cook leave request (Exhibit “D-5”). f. Email from Reed Group to Adrianna Cook copy to Methodist Hospitals of Dallas Benefits Department dated October 4, 2012 re Adrianna Cook leave request (Exhibit “D-6”). g. Letter to Adrianna Cook from Josie Hernandez dated August 7, 2012 (Exhibit “D-7”). h. Methodist Health System Leave of Absence policy (Exhibit “D-8”). i. Letter to Adrianna Cook from Josie Hernandez dated September 17, 2012 (Exhibit “D-9”). j. Letter to Josie Hernandez from Adrianna Cook dated September 20, 2012 (Exhibit “D-10”). k. Letter to Adrianna Cook from Josie Hernandez dated October 9, 2012 (Exhibit “D-11”). 5. The Affidavit of Thomas Hall attached to the Appendix to this Motion for Summary Judgment as Exhibit “E” and fully incorporated herein, which includes the following attachments: Case 3:15-cv-03104-G-BK Document 27 Filed 07/29/16 Page 5 of 9 PageID 195 DEFENDANT’S MOTION FOR SUMMARY JUDGMENT - Page 6 1310301.1 217-4112 a. Patient Sitter job description (Exhibit “E-1”). b. Job Performance Competency Skills Checklist Sitter (Basic) (Exhibit “E- 2”). 6. The Affidavit of Derrick Spence attached to the Appendix to this Motion for Summary Judgment as Exhibit “F” and fully incorporated herein, which includes the following attachments: a. Scheduling Coordinator job description (Exhibit “F-1”). 7. The Affidavit of Bernadette Trail attached to the Appendix to this Motion for Summary Judgment as Exhibit “G” and fully incorporated herein, which includes the following attachments: a. Physician note from Dr. Stephen Ozanne dated July 12, 2012 (Exhibit “G- 1”). 8. The Affidavit of Regina Andrews attached to the Appendix to this Motion for Summary Judgment as Exhibit “H” and fully incorporated herein, which includes the following attachments: a. Methodist Health System Employee Transfers policy applicable in 2012 (Exhibit “H-1”). b. Methodist Health System Employee Transfers policy effective July 15, 2013 (Exhibit “H-2”). 9. The Affidavit of Valerie Craig attached to the Appendix to this Motion for Summary Judgment as Exhibit “I” and fully incorporated herein, which includes the following attachments: a. Joint Commission Accreditation (Exhibit “I-1”). b. Staffing level requirements of the Joint Commission (Exhibit “I-2”). Case 3:15-cv-03104-G-BK Document 27 Filed 07/29/16 Page 6 of 9 PageID 196 DEFENDANT’S MOTION FOR SUMMARY JUDGMENT - Page 7 1310301.1 217-4112 c. 2015 Texas Award for Performance Excellence (TAPE) from the Quality Texas Foundation (Exhibit “I-3”). d. First and only member of the Mayo Clinic Care Network in North Texas (Exhibit “I-4”). e. Best Place to Work, Dallas Business Journal, 12 years in a row (Exhibit “I-5”, 2015 Award). f. The Leapfrog Group, Top Hospital 2015 (Exhibit “I-6”). g. Martin A. Makary, Michael Daniel, Medical error-the third leading cause of death in the US, British Medical Journal, May 3, 2016, BMJ 2016; 353:i2139 (Exhibit “I-7”). IV. GROUNDS FOR SUMMARY JUDGMENT 1. Plaintiff cannot establish the second element of a prima facie disability discrimination case that Adrianna Cook was qualified for her job. 2. Plaintiff has no evidence to establish the fourth element of a prima facie disability discrimination case that Adrianna Cook was replaced by or treated less favorably than non-disabled employees. 3. Methodist terminated Adrianna Cook’s employment for legitimate non- discriminatory reasons. 4. Plaintiff has no evidence creating a genuine issue of fact that Defendant’s reasons for terminating Adrianna Cook’s employment were a pretext for disability discrimination. Case 3:15-cv-03104-G-BK Document 27 Filed 07/29/16 Page 7 of 9 PageID 197 DEFENDANT’S MOTION FOR SUMMARY JUDGMENT - Page 8 1310301.1 217-4112 5. Plaintiff cannot establish the first element of its failure to accommodate disability discrimination case because Adrianna Cook could not perform the essential functions of her job, or the jobs she applied for, with or without reasonable accommodations and therefore was not a “qualified individual with a disability.” 6. Plaintiff cannot establish the first element of its failure to accommodate disability discrimination case because Adrianna Cook refused to accept a reasonable accommodation offered by Methodist and therefore was not a “qualified individual with a disability.” 7. Plaintiff cannot satisfy the third element of its failure to accommodate disability discrimination case because Defendant accommodated Cook’s disability by providing leave to allow Cook to recover from her medical condition until such time as she was released to return to work. 8. Plaintiff has no evidence that Methodist acted with malice or reckless indifference to Plaintiff’s federal protected rights with respect to Plaintiff’s exemplary damages claim under the ADA. 9. Defendant’s Transfer Policy of selecting the best candidate for vacant positions and requiring individuals with disabilities to compete for the position is not unlawful under the ADA. V. CONCLUSION WHEREFORE, PREMISES CONSIDERED, Defendant Methodist Hospitals of Dallas d/b/a Methodist Health System, respectfully prays that the Court, upon notice and hearing, grant its Motion for Summary Judgment and enter Judgment that Plaintiff recover nothing of or from Defendant on the claims asserted herein. Defendant prays for costs of court and for such other and further relief, both general and special, to which it may show itself to be justly entitled. Case 3:15-cv-03104-G-BK Document 27 Filed 07/29/16 Page 8 of 9 PageID 198 DEFENDANT’S MOTION FOR SUMMARY JUDGMENT - Page 9 1310301.1 217-4112 Respectfully submitted, BURFORD & RYBURN, L.L.P. By: /s/ Simon D. Whiting__________________ SIMON D. WHITING Texas State Bar No.: 21373600 NICOLE L. TONG Texas State Bar No.: 24066202 500 North Akard Street Suite 3100 Dallas, Texas 75201-6697 Telephone: 214-740-3119 Facsimile: 214-740-2832 Email: swhiting@brlaw.com Email: ntong@brlaw.com ATTORNEYS FOR DEFENDANT METHODIST HOSPITALS OF DALLAS, D/B/A METHODIST HEALTH SYSTEM CERTIFICATE OF SERVICE I hereby certify that I electronically submitted the foregoing document with the Clerk of Court for the United States District Court, Northern District of Texas, using the electronic case file system of the Court. I hereby certify that I have served all counsel and/or pro se parties of record electronically or by another manner authorized by FEDERAL RULE OF CIVIL PROCEDURE 5(b)(2). DATED: July 29, 2016. /s/ Simon D. Whiting__________________ SIMON D. WHITING Case 3:15-cv-03104-G-BK Document 27 Filed 07/29/16 Page 9 of 9 PageID 199