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Nelson v. Marymount Hospital8/17/2000
e made by management personal regarding her race by both Ms. Boggess and Ms. Brenner. The appellant stated that whenever Mr. Trudell's secretary saw her, she would say, Huh, you're still here? Ms. Boggess stated that one African-American in the department was enough and that had she [Ms. Boggess] been the one to make the decision, the appellant would not have been hired. The comment made by Ms. Boggess was not reported to anyone. Ms. Brenner frequently referred to African-Americans as you's people and at times would make a motion as though calling a dog. Ms. Brenner attended office parties to which the African-Americans in the office had not been invited.
The appellant recounted instances where inappropriate behavior from Caucasian employees was tolerated; instances in which African- American employees unfairly had to apologize to Caucasian employees; and, instances where supervisory failed to intervene when African-American employees were not accorded respect from Caucasian employees.
The record contains several disciplinary notices regarding the appellant's work and tardiness between 1980 and 1985, including a two-day suspension in May 1985 for failure to meet productivity standards.
The appellant presented as evidence the deposition testimony of the other African-American employees of the medical records department at Marymount. Each testified of perceived unequal treatment based upon race. There was also evidence that an office clique existed, but one co-worker indicated that the clique was not hostile to the appellant. The testimony of the appellant's African-American co-workers corroborated her claim that other coders were given longer than three months to train.
The appellant left Marymount in May 1997 due to health reasons.
The appellant has set forth one assignment of error:
THE TRIAL COURT ERRED BY FINDING THAT THERE IS NO GENUINE ISSUE AS TO ANY MATERIAL FACT WHETHER DEFENDANT-APPELLEE MARYMOUNT DISCRIMINATED AGAINST PLAINTIFF-APPELLANT NELSON ON THE BASIS OF RACE IN VIOLATION OF R.C. 4112.02(A) AND GRANTING SUMMARY JUDGMENT TO DEFENDANT-APPELLEE.
The appellant argues that the appellee failed to provide to her on the job training and opportunities for advancement which were granted to similarly situated Caucasian employees. Specifically, the appellant claims that newly hired Caucasian employees were given a position as health data analysts (HDA), and provided additional training, without the HDA position ever having been posted in the department. The appellant asserts that the training the white employees received was the training she sought, but was denied, so that she might become a coder. The appellant states that when she was appointed to the coder position, she was given an abbreviated training schedule and performance criteria which made the successful completion of her training unattainable. The appellant asserts that the Caucasian coders in the department were permitted a much longer training period and that their performance criteria was not so stringent. Finally, the appellant asserts that she was denied promotion based on the fact that her ART certification had lapsed while the Caucasian employees were given promotions without ever having obtained ART certification. The appellant contends that since her supervisors were biased against African-Americans, their evaluations of her job performance were inherently biased and should not be given credence.
The appellee asserts that its actions were not based on racial discrimination because the appellant was promoted to the position she sought, but that the appellant failed to meet the objective standards set for that position. The appellee asserts
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