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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowA nurse fired from Riley Hospital for Children for behavioral problems failed to prove that her termination was actually due to sex discrimination, the 7th Circuit Court of Appeals has affirmed.
Lisa Nigro, a certified nurse anesthetist, began working at Riley Hospital in Indianapolis in 2017. She was recruited to the hospital by Dr. Senthil Sadhasivam, who around the same time implemented a new care model in which certified nurse anesthetists and anesthesiologist assistants worked more closely with anesthesiologists when treating patients.
But that model was not well-received and was widely criticized. Sadhasivam also faced criticism for allegedly creating a “tense” work environment.
Additionally, Nigro “added several complications” to the anesthesia division, becoming the subject of multiple complaints about her attitude and inability to work with a team. Co-workers described her as “rude, snappy and belittling” while hospital management worried that she was undermining the department’s already-delicate sense of collegiality.
Hospital leadership eventually issued a “coaching memorandum” to Nigro that identified problematic behaviors and outlined expectations. She was warned that her behavior would have to change if she wanted to keep her job.
But just one month later, Nigro was again the subject of complaints, this time alleging she had manipulated the hospital’s timekeeping system. Hospital leadership investigated and determined Nigro had engaged in timekeeping fraud, and she was terminated.
Nigro responded with a lawsuit alleging sex discrimination under Title VII of the Civil Rights Act of 1964 and age discrimination under the Age Discrimination in Employment Act of 1967. Also, she alleged she was retaliated against because she had signed a supportive affidavit in another hospital employee’s discrimination case.
Nigro eventually abandoned the age discrimination claim but maintained that Sadhasivam, who had recruited her to Riley, disliked women “because they would stand up to him.” The hospital moved for summary judgment on the sex discrimination claim, and the Indiana Southern District Court granted the motion.
Upholding the entry of summary judgment for the hospital, the 7th Circuit agreed with the district court that there was a “failure of proof on Nigro’s part.”
“There is neither direct nor indirect evidence to support Nigro’s Title VII claim,” Judge Michael Scudder wrote Friday. “Indeed, we see not one indication anywhere in the record of sex-based discrimination.
“… Nigro offered no evidence of a comparator who engaged in similar conduct — she needed to point to someone who likewise received repeated complaints for inattentiveness, unprofessionalism, and belligerence at a time when the department sought to increase teamwork and collegiality,” Scudder continued. “Without doing so, she had no way ‘isolate the critical independent variable — discriminatory animus.’ Formella v. Brennan, 817 F.3d 503, 512 (7th Cir. 2016) … .”
As for the complaints against Sadhasivam, hospital leadership determined “that all employees — ‘young, old, men, women’ — felt Dr. Sadhasivam treated them unfavorably,” the appellate panel noted.
“At bottom, the record shows that Nigro experienced challenges working with others and that those challenges led to and explained her eventual termination,” Scudder concluded. “Like the district court, we see no evidence in the summary judgment record permitting a jury to reach a contrary conclusion.”
The case is Lisa A. Nigro, M.S., CRNA v. Indiana University Health Care Associates, Inc., d/b/a Indiana University Health Physicians (IUHP), 21-2759.
In a footnote, Scudder added that Judge Michael Kanne was originally on the appellate panel but died on June 16 and did not participate in the decision. The case was resolved under 28 U.S.C. 46(d) by a quorum of the panel, which also included Senior Judge Kenneth Ripple.
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