Lead Opinion
[¶ 1] Timоthy Daniels appeals from the Superior Court’s (Washington County, Cuddy, J.) entry of summary judgment in favor of the defendants, Narraguagus Bay Health Care Facility and North Country Associates, Inc.
I. BACKGROUND
[¶ 2] The following facts are presented in the light most favorable to Daniels as the nonprevailing party and аre supported in the summary judgment record.
[¶ 8] Narraguagus Bay Health Care Facility operates a nursing home in Mil-bridge. North Country Associates, Inc. provides administrative support services, consultation, and advice to Narraguagus for which Narraguagus pays a monthly fee. Although the two do not share common ownership or control, North Country has, at least once, assigned one of its employees to serve as the administrator at Narraguagus.
[¶ 4] Timothy Daniels began working for Narraguagus in 2007 as a maintenance assistant. Daniеls’s job responsibilities included tasks required to achieve regulatory compliance such as floor waxing, buffing, and stripping; carpentry, plastering, and painting; testing generators, completing fire drills, and checking and recording tap water temperatures; and removing trash, unloading incoming supplies, and keeping safety logs.
[¶ 5] Daniels suffered a work-related injury to his right shoulder in October 2007 and thereafter was given work restrictions by his physician that prevented him from performing all of the work duties he had previously handled. In January 2008, Daniels underwent surgery and then began a leave of absence. In March 2008, Daniels delivered a letter to Betty Pomer-oy, a Narraguagus employee then acting as administrator, noting that he was applying for more leave at her insistence. In that letter, Daniels also reported that he had been cleared for light duty work, accused her of refusing to accommodate his
[¶ 6] Based upon his allegation that Narraguagus had refused to accommodate his work restrictions, Daniels filed a complaint with the Maine Human Rights Commission (the Commission) against Narra-guagus in August 2008, which North Country became aware of in September 2008.
[¶ 7] Daniels suffered another work-related injury to his right shoulder in July 2009, and, although he did not lose any time from work as a result of that injury, he was restricted to modified duty for the next three months. During that period, Daniels was disciplined for performance issues. Early in November 2009, when Daniels no longer had any work restrictions, Narraguagus’s new administrator, Kevin Hachey, gave Daniels a performance improvement plan for failing to complete some tasks at all and failing to complete other tasks on time. On November 30, 2009, in response to the complaint that he filed in August 2008, the Commission issued Daniels a right-to-sue letter pursuant to 5 M.R.S. § 4612(6) (2011). Both .Narra-guаgus and North Country were aware of the letter.
[¶ 8] On December 11, 2009, the owner of Narraguagus, Dr. Steven Weisberger, wrote an email to Rosanne Tousignant, a North Country employee, which read:
I do think they need to ride hard on [Daniels] as I am not sure if he is doing a good job and he is a huge liability with a [bad] attitude and a lazy work [ethic] that is well known in the community. We have to be sure that we document everything with him everyday as he is going forward with that civil suit. I am sure that he hurt himself lobstering and not in the facility.[7 ]
Tousignant’s role at Narraguagus is disputed. In his summary judgment filings, Daniels аsserted that she was frequently present at Narraguagus, which North Country denied. Both cited different portions of Daniels’s deposition. In any event, the parties agree that she was involved in some of the discipline at issue here. The extent of her involvement, which affects the liability of North Country, is an issue for the fact-finder.
[¶ 9] A review letter written by Hachey on December 28, 2009, again documented Daniels’s job performance issues related to preventive maintenance and having to be asked more than once to complete work, as well as needing to prioritize and improve
[¶ 10] About two weeks later, state regulators visited Narraguagus to conduct a licensing inspection. The inspection uncovered water temperature issues that not only resulted in the imposition of fines but also placed Narraguagus in jeopardy of losing its license. Narraguagus blamed Daniels for the negative inspection and terminated his employment on January 29, 2010. Daniels’s termination notice referred only to this last disciplinary incident as the reason for his discharge. Tousig-nant and Hachey were both present at the meeting when Daniels was fired. At the time Daniels was terminated, both Hachey and Tousignant knew that Daniels had requested the right-to-sue letter from the Commission, which Tousignant interprеted to mean a lawsuit was forthcoming.
[¶ 11] After his termination, Daniels filed a two-count complaint against Narra-guagus and North Country alleging disability discrimination and retaliation.
II. DISCUSSION
[¶ 12] Daniels alleged various MHRA claims against Narraguagus and North Country, including that they discriminated against him due to his disability and that they retaliated against him for filing a claim with the Commission. We consider his claims against each entity and conclude that neither Nаrraguagus nor North Country was entitled to summary judgment.
A. Claims Against Narraguagus
1. Discrimination
[¶ 18] Daniels argues that the Superior Court erred in concluding that his disability discrimination claim failed as a matter of law. We review the grant of a summary judgment de novo and view the evidence in the light most favorable to the nonprevailing party to determine whether there are genuine issues of material fact and whether the prevailing party was entitled to judgment as a matter of law. See M.R. Civ. P. 56; HSBC Bank USA, N.A. v. Gabay,
[¶ 14] We follow a three-step, burden-shifting analysis to evaluate employment discrimination claims at the summary judgment stage. See Cookson,
[¶ 15] If the employee establishes prima facie evidence of these three elements, the burden then shifts to the employer to produce evidence of a legitimate, nondiscriminatory basis for its action. Doyle v. Dep’t of Human Servs.,
[¶ 16] The Superior Court correctly placed the burden on Daniels to demonstrate prima facie evidence of his disability, his ability to perform his job, and an adverse action by his employer. It erred, however, when it concluded: “There are no facts to establish the essential functions of plaintiffs job.” In fact, the parties’ summary judgment filings agree that Daniels’s job responsibilitiеs included tasks required to achieve regulatory compliance and provided examples of those tasks. The descriptions of Daniels’s work duties are sufficient to satisfy the second element of his prima facie case. Whether some or all of these responsibilities were essential, and whether Daniels can actually perform them, as he claims, are questions for a fact-finder. See Pinlcham v. Rite Aid of Me., Inc.,
[¶ 17] The motion court further concluded that the summary judgment record did not establish the third element of Daniels’s prima facie еase — causation. This conclusion was in error. Although there is conflicting evidence on this issue, there is some evidence of animus based on Daniels’s disability that could permit a fact-finder to conclude that Daniels was fired for discriminatory reasons. This sort of factual dispute must be resolved through fact-finding, even if Daniels’s likelihood of success is small. See Curtis v. Porter,
[¶ 18] The motion court did not address the second and third prongs of the burden-shifting analysis, presumably because it concluded that Daniels had not established his prima facie case. The undisputed facts do include a series of disciplinary actions against Daniels that could satisfy the employer’s prong of the analysis. Daniels alleges that the discipline was simply a pretext, however, pointing to the email from Dr. Weisberger, the fact that he was rehired twice during his total employment, and deposition testimony presenting disputed facts.
[¶ 19] The summary judgment filings indicate that Daniels has generated prima facie evidence that (1) he has a disability; (2) he is otherwise qualified to perform the essential functions of thе maintenance position, with or without reasonable accommodations; and (3) Narraguagus discharged him. The summary judgment filings also indicate, however, that there is evidence that could lead fact-finders in two different directions when considering whether Narraguagus’s discharge of Daniels was or was not due to factors related to his claimed disability. In addition, there are issues of material fact concerning all aspects of Daniels’s claim including, as mentioned above, whether or when Daniels was able to perform the core functions of his job. Therefore, summary judgment is not available to Narraguagus on Daniels’s discrimination claim.
2. Retaliation
[¶ 20] Daniels also argues that the Superior Court failed to address his retali
[¶ 21] To establish a prima facie retaliation сlaim, Daniels must demonstrate that he engaged in a statutorily protected activity, that Narraguagus made an employment decision that adversely affected him, and that there was a causal link between the two. See Doyle,
[¶ 22] Even though the Superior Court concluded that Daniels had not demonstrated that disability discrimination was the cause of his discharge, retaliation is a separate claim that does not require there to have been underlying discrimination. In the discrimination context, causation links disability status to discharge, whereas in the retaliation context, causation links protected activity to discharge. Therefore, the Superior Court’s analysis as to causation in the discrimination context was not applicable to Daniels’s retaliation claim. Even if one party’s version of events appears more credible and persuasive to the court, the competing inferences that could be drawn from the temporal proximity of the Commission’s right-to-sue letter and Daniels’s termination, along with Dr. Weisberger’s emаil, create a triable issue precluding summary judgment. See Watt,
B. Claims Against North Country
1. Discrimination
[¶ 23] The motion court granted summary judgment for North Country on the discrimination claim because it concluded that North Country was not Daniels’s employer and thus could not be held liable for discrimination. We review this conclusion de novo to determine whether there are genuine issues of material fact precluding summary judgment. Gabay,
[¶ 24] Daniels advances two theories of liability against North Cоuntry, first, that it can be liable because it is part of an integrated enterprise with Narraguagus, and second, that it acted in Narraguagus’s interest in discriminating against him. The second argument focuses on the statutory language of the MHRA, which defines “employer” as including “any person acting in the interest of any employer, directly or indirectly.” 5 M.R.S. § 4553(4) (2011).
[¶ 25] We have not yet decided whether to adopt the integrated enterprise theory,
[¶ 26] Those issues of disputed fact must be resolved before any court can attempt to determine whether Narragua-gus and North Country could be found to be an integrated enterprise, if such a cause of action were found to exist, or whether North Country is liable for discrimination because it actеd in the interest of Narra-guagus in discriminating against Daniels. For these reasons, we must remand the discrimination claim against North Country for the trial court to consider in the first instance.
2. Retaliation
[¶ 27] Finally, Daniels argues that the motion court erred in concluding that North Country could not be held liable for retaliation. The motion court concluded that any person, including a non-employer, may be liable for a retaliation claim. See 5 M.R.S. § 4633(1) (2011) (stating that “[a] person ” may not retaliate against an individual because the individual asserted rights that the MHRA protects (emphasis added)); 5 M.R.S. § 4553(7) (2011) (defining “рerson” to include corporations). Again, we decline to adopt the legal theories advanced in this case before adjudication of the underlying facts.
The entry is:
Judgment vacated. Remanded to the Superior Court for further proceedings consistent with this opinion.
Notes
. The Superior Court issued a separate judgment to resolve the claims against each defendant. For ease of reference, we refer to these two orders as a single judgment.
. As a result, we do not reach Narraguagus's argument regarding the statutory cap on damages.
. The parties' statements of material faсts and responses span ninety pages. Maine Rule of Civil Procedure 56(h)(1) requires "separate, short, and concise” statements of material facts, causing us to question the applicability of summary judgment practice in such a fact-driven case.
.A medical care facility other than a hospital, like Narraguagus, may operate only under the supervision of a licensed administrator. See 32 M.R.S. § 61 (2011). Thus, it was important for Narraguagus to always have a designated administrator.
. Daniels was receiving workers’ compensation benefits, but the record does not indicate whether he requested that he be allowed to return to work pursuant to 39-A M.R.S. § 218 (2011).
. In Daniels's first Maine Human Rights Commission complaint, he named only Nar-raguagus. After his termination, Daniels filed a new complaint with the Commission complaining of discrimination and retaliation by both Narraguagus and North Country. At our request, Daniels provided a copy of this second complaint to us following oral argument. The copy we received is undated. We express no view on whether or not this procedural sequеnce satisfies the requirements of 5 M.R.S. § 4622(1) (2011).
.This quotation comes directly from the email, which is part of the summary judgment record. The parties' statements of material facts included an additional word that does not appear in the email.
. Daniels’s claim, at its essence, is that his employer mistreated him after he was injured at work. There was, however, no discussion of the workers’ compensation system within the parties' briefs and trial court filings.
. Contrary to Daniels’s argument, the existence of an integrated enterprise is not a jury questiоn per se. The authority he cites merely concluded that a factual dispute precluded summary judgment in a specific case. See
. The parties’ summary judgment filings presented the facts as heavily contested. On a variety of points, both parties extensively objected to or denied the factual assertions of the other. Although parties are free to conduct themselves in any way supported by the record and rules of procedure, trial courts are more likely to be able to decide portions of casеs on summary judgment when the parties dispute fewer of the facts. As our recent amendments to M.R. Civ. P. 56(d) make clear, "a fact admitted or not opposed by any party solely for purposes of summary judgment is not deemed admitted for any other purpose if the motion for summary judgment is denied.” M.R. Civ. P. 56 Advisory Committee’s Note to 2012 amend.
Concurrence Opinion
concurring.
[¶ 28] First, I commend the Court’s forward-thinking opinion because it reiterates that determining credibility and weighing evidence has no place in summary judgment practice. The burden-shifting analysis deals only with burdens of production, not of persuasion. See St. Mary’s Honor Ctr. v. Hicks,
[¶ 29] I write separately because it is time to simplify the summary judgment process and eliminate any burden-shifting analysis. As has been discussed thoroughly in the United States Court of Appeals for the Tenth Circuit and the United States District Court for the Southern District of New York, the continued vitality of the burden-shifting analysis is questionable. See Wells v. Colo. Dep’t of Transp.,
[¶ 30] The analysis adds a layer to the court’s already difficult task in deciding a motion for summary judgment on a discrimination claim. This analysis originated in the United States Supreme Court with McDonnell Douglas Corp. v. Green,
[¶ 31] We first extended the analysis to the summary judgment stage in Doyle v. Department of Human Services,
[¶ 32] What our precedent has failed to recognize is that the McDonnell analysis is a “procedural device, designed only to es
[¶ 33] The analysis is intricate because claims involving motive and pretext are complex, nuanced, and often difficult for the fact-finder to parse out. However, it is meant to simplify rather than complicate matters for trial; it “was never intended to be rigid, mechanized, or ritualistic.” Hicks,
[¶ 34] At the summary judgment stage in employment discrimination cases, the McDonnell analysis unnecessarily complicates what should be a straightforward and objective inquiry pursuant to Rule 56. Rule 56 prоvides that summary judgment can only be granted to a defendant when (1) there are no genuine disputes of material fact, and (2) the undisputed evidence fails to establish a prima facie cause of action, such that no reasonable view of the evidence would permit a fact-finder to find in favor of the nonmoving party. See M.R. Civ. P. 56(c); Bonin v. Crepeau,
[¶ 35] To the extent that the McDonnell analysis functions as an overlay on our standard summary judgment practice, steadfastly proceeding through its three steps is unnecessary and unworkable at the summary judgment stage. It breaks down what is in reality the third element of an employment discrimination claim into its own three-prong showing that volleys the burden of production between the two parties. At this stage it does nothing more than organize the record to determine whether the plaintiff has offered evidence of causation between the employer’s adverse action and the employee’s disability, and whether the defendant has offered evidence to put that issue into dispute. It is not necessary to use the McDonnell analysis to make these determinations. All the court needs to do — and all that it can do pursuant to Rule 56 — is assess the record to determine if there are genuine issues of material fact or if the undisputed
[¶ 36] Therefore, I would not apply the McDonnell analysis to discrimination claims at the summary judgment stage. On a motion for summаry judgment, I would limit the inquiry in these cases to that which is provided for by Rule 56: whether there are genuine disputes of material fact, and whether the undisputed material facts establish a prima facie cause of action. These are the only questions for the court at the summary judgment stage.
[¶ 37] Here, a prima facie case for employment discrimination requires Daniels to offer evidence that he has a disability, that he can perform the essential functions of his job, and that he was treated adversely because of his disability. See Whitney v. Wal-Mart Stores, Inc.,
[¶ 38] When analyzed as Rule 56 requires, this record is rife with genuine disputes of material fact regarding the second and third elements of Daniels’s claim for employment discrimination, which bear on the ultimate issue of whether Daniels has been discriminated against. I would vacate the summary judgment against him on that basis alone, as summary judgment practice requires, without evaluating the strength of the evidence that each party has offered to prove or disprove the third element.