Barney v. Truman Valley Health Care (Summary)

EMPLOYMENT DISCRIMINATION

Barney v. Truman Valley Health Care, No. 14-0468-CV-W-REL (W.D. Mo. Aug. 15, 2014)

The United States District Court for the Western District of Missouri dismissed a nurse’s discrimination claims against a rehabilitation center, holding that the nurse failed to allege that her termination was based on her sex, disability, or national origin. The plaintiff was diagnosed with a “chronic brain injury” which required her to be absent from work to receive medical treatment. The nurse’s supervisor allegedly made negative comments in her employment file about the nurse’s absenteeism, made derogatory comments about her ethnic heritage and accent, and on one occasion referred to her as a “breeder” due to her family’s size. The nurse was terminated after her request for time off under the Family and Medical Leave Act was denied, and she did not appear at work.

The court held that the nurse failed to plead that her membership in a protected group was a contributing factor to the harassment. First, the court stated that familial status is not a protected group. Second, the court explained that the term “breeder” being used once does not rise to the level of severe and pervasive, as is required to establish a hostile work environment claim. Furthermore, the nurse failed to identify any comments her supervisor made about her ethnic heritage or accent. Lastly, the nurse failed to plead required elements of a disability claim – that she was qualified to perform the essential functions of her job, with or without a reasonable accommodation.