286 F. Supp. 3d 501
E.D.N.Y2018Background
- Smith, a registered nurse at Forest Hills Hospital (part of North Shore‑LIJ), worked in Unit 4N from 2008 until termination on August 23, 2013; she had documented generalized anxiety disorder and received intermittent leave accommodations including a three‑month FMLA leave in 2012.
- The Hospital used a sick‑leave guideline/spreadsheet that flagged nurses with more than three call‑outs per quarter for progressive discipline; the spreadsheet did not distinguish protected (FMLA/disability) from unprotected leave unless manually reviewed.
- Supervisor Rhonnie Jackson (and Chief Nursing Officer Doreen O’Grady) repeatedly disciplined or sought to discipline Smith for absences, denied several transfer requests to ICU/ER or required additional application steps, and raised issues about Smith’s conference attendance/pay.
- In July–August 2013 Jackson reported suspected "theft of time" for conference pay; HR’s limited investigation (interviews with Smith and Jackson) preceded Smith’s termination for allegedly accepting pay for a conference she did not attend.
- Smith sued asserting FMLA retaliation, ADA disability discrimination, and NYCHRL claims based on denials of transfers and termination; defendant moved for summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FMLA retaliation — denial of transfers | Denials (to ICU/ER) were adverse and motivated by retaliation for FMLA leave and past discipline for leave | Transfers were not materially adverse; denials were for procedural deficiencies, lack of openings, or seniority | Court: Mixed. Grants summary judgment as to four transfer denials (procedural/seniority); denies as to Jan. 4, 2013 transfer (material dispute/pretext) |
| FMLA retaliation — termination | Termination was retaliation for exercising FMLA; Jackson made retaliatory comments and discipline history shows animus; termination pretextual | Termination was for legitimate reason: theft of time based on an investigation | Court denied summary judgment on termination (sufficient direct and circumstantial evidence of causal link and pretext) |
| ADA disability discrimination (transfers & termination) | Disability caused the need for leave; adverse actions were because of disability-related absences; intermittent leave was a reasonable accommodation | Hospital accommodated Smith and lacked discriminatory intent; denials and termination based on non‑discriminatory reasons | Court: Mirrors FMLA outcome — ADA claims survive for termination and Jan. 4, 2013 transfer; other transfer claims dismissed |
| NYCHRL claim and damages (after‑acquired evidence) | NYCHRL claim parallels ADA/FMLA claims; damages should not be cut off | Hospital found Smith worked during FMLA leave and argues this could limit remedies under after‑acquired evidence doctrine | Court: NYCHRL claim survives for same claims as ADA/FMLA; after‑acquired evidence not yet shown to be sufficient to bar remedies — damages issue not resolved on summary judgment |
Key Cases Cited
- Sista v. CDC Ixis N. Am., Inc., 445 F.3d 161 (2d Cir. 2006) (FMLA creates private right and distinguishes interference and retaliation claims)
- Woods v. START Treatment & Recovery Ctrs., Inc., 864 F.3d 158 (2d Cir. 2017) (FMLA retaliation requires adverse action after exercise of rights)
- Potenza v. City of New York, 365 F.3d 165 (2d Cir. 2004) (elements for prima facie FMLA retaliation)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (burden‑shifting framework for discrimination/retaliation claims)
- Millea v. Metro‑N. R. Co., 658 F.3d 154 (2d Cir. 2011) (standard for adverse employment action in retaliation cases)
- Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53 (2006) (retaliation adverse action standard — acts likely to dissuade a reasonable worker)
- Beyer v. County of Nassau, 524 F.3d 160 (2d Cir. 2008) (denial of transfer to more prestigious position can be adverse action)
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (2000) (pretext may be shown by discrediting employer’s justification)
- Staub v. Proctor Hospital, 562 U.S. 411 (2011) (biased supervisor’s influence can establish employer liability)