Employment & Labor Law
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Crosdale v. Indian River Memorial Hospital
17 Fla. L. Weekly Fed. D243a (S.D. Fla. October 21, 2003)
Plaintiff, a 59-year-old African American registered nurse (R.N.) alleged Defendant Hospital violated Title VII, the Florida Civil Rights Act (Chapter 760) and the Age Discrimination in Employment Act (ADEA) by refusing to provide Plaintiff scheduling opportunities as a per diem R.N. based on her race and age, which resulted in her termination. The Hospital moved for summary judgment, arguing plaintiff could not establish a prima facie case of race or age discrimination because she cannot show either (1) that the Hospital treated similarly situated employees outside of her race more favorably, or (2) that she was qualified to continue her job. Alternatively, the Hospital argued that even if plaintiff proved her prima facie case, she could not show the Hospital's legitimate nondiscriminatory reasons were pretextual. The court began its analysis by stating that the plaintiff's claims under the ADEA and the Florida Civil Rights Act are all analyzed under Title VII standards. Here, the court found that plaintiff met her prima facie case by showing that she was a racial minority and is over the age of forty; that she was subjected to an adverse job action; that the Hospital treated similarly situated white and younger nurses more favorably; and that she was qualified to do the job. The court then held that the Hospital had articulated a legitimate nondiscriminatory reason, namely that plaintiff was tardy, had a bad attitude, received patient and co-worker complaints, had substandard work abilities and had an unexcused absence. However, the court ultimately found that the plaintiff proved that the Hospital failed to document or formalize any counseling or correction and treated plaintiff unlike any other R.N.'s, thereby providing sufficient evidence of pretext.
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