Larkin-Gallagher v. Champlain Valley Physicians Hospital Med. Ctr.

Legitimate Reason for Termination Not Shown to Be Pretextual to Pregnancy Discrimination

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MEMORANDUM DECISION AND ORDER I. Introduction Plaintiff Anne Larkin-Gallagher (hereinafter “Larkin”) commenced this action against defendant Champlain Valley Physicians Hospital Medical Center (hereinafter “CVPH”) pursuant to Title VII of the Civil Rights Act of 1964¹ and the Family and Medical Leave Act (FMLA).² (Compl., Dkt. No. 1.) Pending before the court is Larkin’s motion for partial summary judgment as to her Title VII claims, (Dkt. No. 38), Larkin’s motion to remove restrictions on documents, (Dkt. No. 39), and CVPH’s cross-motion for summary judgment, (Dkt. No. 48). For the reasons that follow, Larkin’s motions for partial summary judgment and to remove restrictions on documents are denied, and CVPH’s cross-motion for summary judgment is granted. II. Background A. Facts³ Larkin began working for CVPH in August 2001, and, during all relevant times, worked as a phlebotomist in the Fitzpatrick Cancer Center (FCC) at CVPH’s hospital. (Pl.’s Statement of Material Facts (SMF) 1, Dkt. No. 38, Attach. 2.) As a phlebotomist, Larkin was required to use the following two software programs: Sunquest, a system which manages laboratory tests, and Sorian Financials, a system in which clerical staff in the FCC enter the identity of patients to schedule blood draws in the lab. (Id. 3.) In June 2016, after complaining to her supervisor, Kathy Bracero, that she was “overloaded with work,” Bracero “found days when the number of blood draws [by Larkin] were indeed very high.” (Id.

1, 11.) A few days later, Larkin detailed her complaints in a union “Patient Care Assignment Despite Objection Form,” which was filed with CVPH’s human resources department. (Id. 12.) A meeting was then held to discuss Larkin’s complaints, which was attended by Larkin, Bracero, Dylan Smith, a union member, and Trudy Miller, an employee in CVPH’s human resources department. (Id. 13.) Discussion regarding Larkin’s complaints about her workload continued, and Miller informed her superior in human resources, Kevin Manchester, of the same. (Id.

Larkin-Gallagher v. Champlain Valley Physicians Hospital Med. Ctr.

Legitimate Reason for Termination Not Shown to Be Pretextual to Pregnancy Discrimination

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