 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Rice v. Sisters of Providence In Washington9/8/2000
Steve A. Rice, an African-American employee of Providence St. Peter's Hospital, applied for two positions within the hospital that were given to Caucasian employees. He sued Sisters of Providence in Washington, Inc. (SPW) for race discrimination. SPW is a non-profit, Roman Catholic organization that owns and operates Providence St. Peter's (the Hospital).
SPW moved for summary judgment, arguing that as a non-profit religious organization, it is exempt from suit under RCW 49.60. Rice countered that SWP is not a 'religious or sectarian organization' and that the statutory exemption for religious non-profits violates both the Equal Protection Clause and the Establishment Clause. Rice argued that the exemption should be limited to cases based on religious discrimination, as opposed to racial discrimination. The trial court granted the motion for summary judgment, concluding that SPW is a religious non-profit organization.
Rice was allowed to amend his complaint to include a breach of contract claim based on the Hospital's Equal Employment Opportunity Policy. Rice moved to amend his complaint again. The trial court granted the motion, in part, allowing additional claims of negligence and statutory discrimination. But the court did not allow him to add a claim of 'wrongful discrimination in violation of public policy.'
SPW again moved for summary judgment, arguing that Rice had not shown race discrimination and that the Hospital's equal employment policies are not enforceable promises. The trial court granted the motion.
On appeal, Rice argues that the trial court erred in (1) including race discrimination within the religious organization exception of RCW 49.60.040; (2) denying the motion to amend his complaint to include a common law race discrimination claim; (3) dismissing his breach of contract claim; and (4) concluding that Rice failed to present sufficient evidence of discrimination. Rice also argues, along with Amici Curiae, that the exemption for religious non-profits violates Equal Protection and the Establishment Clause. We affirm, holding that Rice failed to produce sufficient evidence of pretext to infer a discriminatory motive. Because this resolves the case, we do not reach the constitutional issues.
FACTS
I. Rice's Employment History
Steve Rice was hired as a Central Services Technician ('CS Tech') at the Hospital in 1983. The CS Techs clean, sterilize, and prepare instrument sets and case carts for use in the operating room. In 1984, Rice received a highly favorable evaluation from the manager, Eddylou Wallace. The evaluation notes that he 'gets along well with his peers' and is 'supportive of other staff members.' In 1985, Rice received a one-day suspension for sexual harassment for unwelcomed approaches and sexual innuendo made toward two women.
In 1986, Rice was promoted to Lead Tech on the evening shift. As a Lead Tech, he was responsible for scheduling and distributing work assignments, monitoring workflow in the department, and dealing with problems on the evening shift. But the Lead Tech position was not a management position under Rice's union contract, and Lead Techs did not hire, fire, or discipline employees.
In 1989, an employee complained that Rice used 'offensive and obscene language' and 'intimidated and harassed' her. In 1992, a nursing supervisor received a complaint that Rice was arguing loudly in the CS department.
In 1993, Gail Nadeau became the acting CS Manager and conducted Rice's performance evaluation. He was 'rated above average in his knowledge of instruments {and} equipment by his peers.' One staff member said he was the 'bes
Page 1 2 3 4 5 6 7 8 Washington Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|