United States District Court, S.D. New York
MARIE E. PIERRE, Plaintiff,
ARCHCARE, INC., Defendant.
MEMORANDUM OPINION AND ORDER
GREGORY H. WOODS, District Judge.
Marie E. Pierre filed this case against her former employer, Archcare, Inc., on October 24, 2013, alleging discrimination on the basis of a disability under the Americans with Disabilities Act, 42 U.S.C. § 12112 and comparable New York State and City laws; discrimination on the basis of her age; retaliation under Title VII and comparable New York State and City laws; and a hostile work environment under the New York City Administrative Code, § 8-107.
On November 26, 2014, defendant filed a motion for summary judgment, a Statement of Undisputed Facts as required by Local Rule 56.1, and affidavits and other supporting evidence. See Dkt. Nos. 32-36. Pursuant to the Court's October 28, 2014 order, Dkt. No. 31, plaintiff's opposition papers were due three weeks after the date of service of defendant's motion, or December 17, 2014. On December 24, 2014-almost a month after defendant filed its motion- having received no response of any kind from plaintiff, the Court issued an order stating
If plaintiff does not file an opposition in compliance with Federal Rule of Civil Procedure 56, Local Rule 56.1, and the Court's Individual Rule 3(E) by Monday, December 29, 2014, the Court will treat defendant's motion for summary judgment as unopposed and all statements of fact in defendant's Rule 56.1 submission as admitted.
Dkt. No. 39. Having received no response from plaintiff as of the date of this opinion and order, the Court treats defendant's motion as unopposed and all statements of fact in defendant's Rule 56.1 submission as admitted. For the reasons outlined below, the Court grants defendant's motion for summary judgment in its entirety.
Ms. Pierre began working as a Certified Nurse's Aide at Kateri Residence, owned by defendant Archcare, on September 17, 2001, when she was 50 years old. (SUF 2, 7, 8.) She worked there continuously until her termination on October 10, 2012, including a six-week period of unpaid medical leave, from June 23, 2011 through August 7, 2011. (SUF 10, 37.) During this period of leave, Ms. Pierre received short-term disability benefits through her union, 1199 SEIU. (SUF 38.)
While on medical leave, Ms. Pierre sent a letter to Archcare CEO Scott LaRue, complaining about her work assignment and alleged corruption at Kateri. (SUF 20, 21.) In response to this letter, Archcare conducted an investigation and concluded that based on her seniority, Ms. Pierre was eligible for a better work assignment. (SUF 23, 24, 26, 29.) At no time during the investigation did Ms. Pierre mention disability, age, or any other discrimination, nor did she complain about retaliation. (SUF 25.) As a result of the investigation, Ms. Pierre was given a better work assignment shortly after her return from medical leave, starting on August 7, 2011, when she was 60 years old. (SUF 29, 30.)
Sometime in June or July of 2012, Ms. Pierre again requested medical leave, because she needed surgery on her foot, which was causing her pain. (SUF 42, 51.) When making her request, she did not say the surgery was for treatment of her diabetes. (SUF 52.) Christene Nation-Jumpp, Kateri's Director of Human Resources, granted Ms. Pierre's request and told her she could take another unpaid leave of absence. (SUF 5, 43, 49.) Not wanting to take the unpaid time off, Ms. Pierre elected not to have the surgery and continued working at Kateri. (SUF 53, 54.)
Archcare terminated Ms. Pierre effective October 10, 2012 for "resident neglect, jeopardizing the safety and welfare of a resident, and unacceptable performance." (SUF 72, 73.) Her termination stemmed from an incident during her overnight shift on October 10-11, 2012, when, without following Archcare's policy for such incidents, she moved a resident into a wheelchair after a fall. (SUF 55, 57, 58, 60.) According to Archcare's policy-as articulated by Ms. Pierre during her deposition-before moving the patient, Ms. Pierre was required to have the patient assessed by a nurse and notify the charge nurse on duty. (SUF 58, 59.)
Following a complaint from the patient who was improperly moved, Ms. Nation-Jumpp and Peter Hill, Archcare's Corporate Director of Human Resources, conducted an investigation of the incident. (SUF 6, 61, 63, 65-68). On the basis of their investigation, Ms. Nation-Jumpp and Mr. Hill concluded that Ms. Pierre had violated Archcare policy and that she should be terminated. (SUF 70, 71.) At the time they made this decision, neither Ms. Nation-Jumpp nor Mr. Hill knew that Ms. Pierre had diabetes, and only Ms. Nation-Jumpp knew that she had requested medical leave-because Ms. Nation-Jumpp had approved the request. (SUF 43, 75-79.) Neither were Ms. Nation-Jumpp or Mr. Hill aware of any complaints of unlawful discrimination of retaliation made by Ms. Pierre. (SUF 88.) Ms. Nation-Jumpp testified in her deposition that Archcare has terminated other employees for similar conduct constituting patient neglect. (SUF 74.)
III. LEGAL STANDARD
Defendant is entitled to summary judgment on a claim if it can show that "there is no genuine dispute as to any material fact and that [defendant is] entitled to judgment as a matter of law." Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986) (citing Fed.R.Civ.P. 56(c)). A dispute is genuine if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party, " while a fact is material if it "might ...