Lieving v. Pleasant Valley Hosp., Inc. (Summary)

WHISTLEBLOWER RETALIATION

Lieving v. Pleasant Valley Hosp., Inc., No. 3:13-27455 (S.D. W.Va. Apr. 11, 2014)

The United States District Court for the Southern District of West Virginia dismissed in part the gender discrimination and retaliation claims brought by a former employee against a hospital and its CEO.  The employee claimed she was discriminated against, in violation of the federal Civil Rights Act of 1964 and the West Virginia Human Rights Act, and retaliated against, in violation of the West Virginia Patient Safety Act, for her “good faith reports of wrongdoing and waste.” The federal district court dismissed the federal discrimination claim against the CEO because, unlike an employer, an “individual supervisor” cannot be liable under the Civil Rights Act.  Further, the court dismissed the retaliation claim against the hospital and CEO because the employee was not the type of worker protected by the West Virginia Patient Safety Act.  Specifically, the court held that the Act protects “health care workers,” which is defined as those who provide direct patient care.  In this case, the employee did not provide direct patient care (the court’s opinion does not state what position she held at the hospital).