Doss v. St. Claire Med. Ctr. (Summary)

EMPLOYMENT DISCRIMINATION

Doss v. St. Claire Med. Ctr., No. 12-92-HRW (E.D. Ky. Mar. 14, 2014)

The United States District Court for the Eastern District of Kentucky found a hospital was entitled to summary judgment on a race discrimination claim as well as a retaliation claim made by a former employee.

The employee was given 90 days’ notice of her termination, in accordance with her employment contract, as a Chief Certified Nurse Anesthetist.  The reasons for termination were ineffective leadership, not acting in a harmonious manner and failure to effectively evaluate and supervise staff. The employee alleged she was terminated because she was an African-American woman.  She also claimed two racial remarks created a hostile work environment, and she was retaliated against because she complained about the remarks.

The hospital conceded the employee was in a protected class and she experienced an adverse employment action. However, the hospital argued, and the court agreed, that the employee did not perform her job satisfactorily and she was not treated differently than similarly situated employees. The court relied heavily on the fact that two Caucasian males in similar positions to the employee also lost their jobs due to performance. The court went on to hold that even though the two racial remarks were deplorable, they were not severe and pervasive enough to establish a hostile work environment. Lastly, the court held there was an absolute lack of evidence of any connection between the employee’s complaints of racial remarks and her termination of employment because the complaints were submitted after her notice of termination.