FAHA Sample Newsletter

Legal - May 30, 2003

Employment Termination Upheld

Knight v. Baptist Hospital, U.S. 11th Circuit Court of Appeals, Case No. 02-10861. May 14, 2003

In May 1996, Knight, an African-American female, was hired by Baptist to work as a clinical nurse in the surgical services department.

Baptist utilizes a 4-step disciplinary process: (1) "informal discussion and agreement," (2) "discussion and formal written agreement," (3) "decision-making leave," and (4) termination. Decision-making leave is a paid day of suspension for the employee to decide whether they want to continue working for Baptist. During decision-making leave, the employee is required to draft and to submit an "action plan" that proposes a solution to the noted deficiencies. If no "action plan" is submitted, the employee must either resign or face termination.

Knight was given decision-making leave on 9 May 2000. Knight's decision-making leave arose out of an incident where Knight was rude and disrespectful to two other employees.

Knight had a "well documented disciplinary history." This four-year history included several performance issues: (1) failing to check refrigerator temperatures; (2) failing to comply with latex-allergy procedures; (3) scheduling standby cases without permission; (4) failing to send for patients in a timely manner; (5) unnecessarily calling in staff; (6) on other occasions, acting rudely an disrespectfully toward coworkers; and (7) having substantial problems of absenteeism and tardiness. Knight earlier received formal counseling, the second step in the disciplinary process, for her tardiness and for unnecessarily calling in staff.

Along with the decision-making leave, Knight was asked to submit an action plan covering two problems; her tardiness and her unprofessional and disrespectful behavior. Following her decision-making leave, on 11 May 2000, Knight turned in an action plan. Knight's action plan adequately addressed her tardiness issues but did not mention her behavior problems. Knight was asked to turn in a second action plan addressing this issue by 12 May. Knight missed this deadline.

Knight submitted her second action plan on 22 May. Ryder rejected this plan as inadequate, because the "action plan" was argumentative and proposed no solution. The plan merely restated Knight's version of the incident. On 23 May 2000, Knight's employment was terminated.

Knight filed a grievance through Baptist's grievance program. Her termination was upheld. Knight then filed this lawsuit in the Southern District of Florida. She alleged that she was the victim of disparate treatment and retaliation in violation of Title VII of the Civil Right's Act of 1964, 42 U.S.C. § 2000(e) et seq., 42 U.S.C. § 1981, and the Florida Civil Rights Act of 1992, Florida Statutes, § 760.10(2000). Baptist moved for summary judgment, arguing that Knight could not establish a prima facie case of discrimination because she could not identify a similarly situated person from a different class who was treated more favorably. The district court granted Baptist's motion for summary judgment.

Appeals Court held: The district court's grant of summary judgment is AFFIRMED.