Rolfe v. Lawrence & Mem’l Hosp., (Summary)

HEALTH/ FMLA LEAVE/ ADA

Rolfe v. Lawrence & Mem’l Hosp., No. 3:10-CV-80(RNC) (D. Conn. Sept. 30, 2013)

The United States District Court for the District of Connecticut granted a hospital’s motion for summary judgment, dismissing a nurse’s ADA retaliation and adverse employment action claims. A few years into her employment, the nurse had been diagnosed with MS and placed on FMLA medical leave due to debilitating symptoms. She returned to work when the symptoms decreased, taking a position as an admissions nurse.  The job description for that position required her to serve as a floating nurse, helping out with general nursing duties in other units when needed.

A year later, when the nurse was asked her thoughts on nominating the hospital for “MS Employer of the Year,” she voiced her opinion that she did not feel that the hospital deserved to be nominated because the hospital had not been supportive of her efforts to return to work following her medical leave.  The hospital soon thereafter changed the way it handled hospital admissions as part of its efforts to reduce the time patients spent in the ED.  As a result, the nurse was required to work more frequently on hospital units, which required more standing and walking and, she alleged, pain.  The nurse responded by refusing to take assignments, explaining that her job was focused in the ED, and also refusing to move her locker out of the ED.  Eventually, after a series of disciplinary actions, the nurse took another FMLA leave and, upon her return, was terminated.

The nurse claimed that her revised work duties, which resulted in her termination, were implemented in retaliation for her refusal to nominate the hospital for “MS Employer of the Year.”

The court held that the nurse failed to allege sufficient facts to sustain a claim that but for her protected activity, she would not have been subjected to an adverse employment action (in this case, assignment of more rigorous nursing duties).  The court noted the hospital’s undisputed evidence that it began work on new admissions processes before the “MS Employer of the Year” incident occurred, that the supervisor involved in making changes to the nurse’s duties was not involved in the “MS Employer of the Year” incident and testified that she had no knowledge of the incident at the time she implemented the changes, and that two other admissions nurses were similarly affected by the changes.