Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Buie v. United Methodist Homes _ Hilltop Campus

June 12, 2008

EVELYN S. BUIE, PLAINTIFF,
v.
UNITED METHODIST HOMES -- HILLTOP CAMPUS, DEFENDANT.



The opinion of the court was delivered by: Scullin, Senior Judge

MEMORANDUM-DECISION AND ORDER

I. INTRODUCTION

Plaintiff brought this action claiming that Defendant had violated Title VII, 42 U.S.C. § 2000e et seq., as amended, by terminating her employment as a Certified Home Health Aide based solely upon her race.

Defendant is a not-for-profit, church-related organization that operates a supervised residential facility providing nursing and daily living assistance to the elderly. Defendant employed Plaintiff, an African-American female, as a Certified Home Health Aide, from August 11, 1999, through March 31, 2001, at which time Plaintiff left Defendant's employ to pursue her own entrepreneurial venture. Defendant rehired Plaintiff on January 14, 2002, and terminated her employment on August 12, 2002.

The Court held a bench trial in this matter on February 27 and 28, 2006. At the trial, Plaintiff was the only witness who testified on her behalf. Defendant called the following witnesses, all of whom were Defendant's employees: Mary Anne Carasea, Senior Assistant Administrator; Jacqueline Lindsley, Staff Coordinator; Maureen Tanner, 3-11 Supervisor in the Adult Care Facility; and Carl Gaudinier, Director of Human Resources. At the end of the trial, the Court reserved decision and provided the parties with an opportunity to file post-trial briefs and motions.

Pursuant to Rule 52(a) of the Federal Rules of Civil Procedure, the Court makes the following findings of fact and conclusions of law.

II. DISCUSSION

A. Findings of fact

1. Defendant rehired Plaintiff as a Certified Home Health Aide on January 14, 2002, and terminated her employment on August 12, 2002.

2. During the period from January 14, 2002, until August 12, 2002, Plaintiff had unscheduled absences on February 27-28, 2002, March 18, 2002, March 23, 2002, July 16, 2002, August 7-8, 2002, and August 10-11, 2002. She was also tardy on February 26, 2002, April 15, 2002, and July 5, 2002.

3. At the time of her rehire, Plaintiff's Director Angel Hernandez told her that attendance was important and that he expected her to come to work.

4. On June 6, 2002, Plaintiff received an "unsuccessful" Introductory Evaluation due to her unacceptable attendance record. Defendant gave Plaintiff the lowest possible score for "Attendance and Punctuality" and advised her on the evaluation form that "improvement is necessary to meet job standards." Defendant extended Plaintiff's probationary period of employment to July 1, 2002, in order for her to improve her attendance.

5. Defendant employed Laura Moore and Jacqueline Mosher as Activities Leaders. Ms. Moore's supervisor was Linda Campbell, and Ms. Mosher's supervisor was Fay Clark, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.