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Nelson v. Marymount Hospital8/17/2000
ed that rather than terminating her employment, the hospital would reassign her to a twenty-hour a week clerical position within the medical records department. The appellant was unhappy with this result and informed the women that: she did not receive the training she should have; that previous coders had a year to train; that one other coder had not even had to code inpatient charts; and, that all she had attempted to do was to better herself and to learn. The appellant asserted in her deposition that other coders made significant numbers of errors. The appellant did not pursue a grievance under the hospital grievance procedure.
Upon her demotion she requested to return to her old position, but she was informed that it was not an option because the position had been filled. Ms. Brenner informed the appellant that she should be happy to have a job, since she could have been terminated completely. The appellant cited instances of others who had left the department, but she failed to present any evidence that these instances occurred after the change in hospital policy.
During her deposition, the appellant made several complaints regarding the standards she was required to meet during her training. The appellant stated that one coder, Ms. Illes, did not code inpatient charts for her first three months and never met the productivity standards. Ms. Illes left for another hospital of her own accord. Marge Corder, a coder from 1994 to 1995, was given a year to train, but left the hospital because she was never given an opportunity to code inpatient charts. The appellant, on the other hand, was required to code inpatient charts as part of her three months training. Additionally, some coders were hired prior to learning the results of their state certification test. Other coders were given a training period of at least a year.
Over the years the appellant filed several complaints with the EEOC. Her complaint regarding her treatment after her return to the main office from the medical floors in 1988 was settled by the hospital. In 1992, the appellant filed a complaint regarding the fact that African-Americans were written up for errors in their work while the Caucasians in the office were not. The appellant dropped this charge. In 1994, appellant filed a complaint because she was disciplined for being one minute late for work while others were not. The EEOC found that another Caucasian person had been similarly disciplined.
In 1996, the appellant filed a complaint regarding her treatment in this instance with the Ohio Civil Rights Commission (OCRC). In the complaint the appellant alleges that she was given a position for which she did not apply, given a poor evaluation, and then given one month to improve, all based upon her race. In response, the OCRC determined that the appellant had, in fact, applied for the coder position; that she had taken a refresher course at CCC and received her ART accreditation prior to the transfer to the position; that the hospital determined that she was not satisfactorily performing her tasks and placed her into a part- time clerical position; and, that there is nothing in the record to show that any newly transferred younger Caucasian coders experienced performance difficulties equal to or worse than the appellant's and were not removed from the position. The OCRC determined that further investigation was unlikely to result in a finding of a violation against the appellant, but that additional information could be submitted within ten days. There is no indication in the record of any further action.
The appellant testified at her deposition that during her entire working experience at the hospital, from 1979 until 1997, comments wer
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