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Poursaied v. Norton Brownsboro Hospital

United States District Court, W.D. Kentucky, Louisville Division

September 24, 2019



          David J. Hale, Judge.

         Before the Court is the motion to dismiss filed by Defendant Norton Healthcare, Inc. d/b/a Norton Brownsboro Hospital (Docket No. 32), and the motion for judgment on the pleadings (DN 41) filed by Defendant Medical Solutions, LLC. The Court will grant the motions for the reasons that follow.


         Pro se Plaintiff Shanaz Poursaid initiated this action by filing her complaint on an employment discrimination form provided by the United States District Court for the Northern District of Alabama. On that form, Plaintiff indicated that in bringing this action she was invoking Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) of 1990. She indicated that her employment as a nurse at Norton Brownsboro Hospital had been terminated and checked the following boxes on the form: failure to accommodate disability, unequal terms and conditions of employment, and retaliation. She also checked the following boxes in the portion of the complaint in which to explain the discrimination against her: gender/sex, religion, national origin, age, and disability. She listed her “gender/sex” as “female/heterosexual, ” her national origin as “Iranian, ” and birth year as 1971. She did not otherwise explain the alleged discrimination against her, nor did she specify what her disability is as the form instructed. Plaintiff’s complaint was not signed under penalty of perjury.

         To her complaint, Plaintiff attached a copy of the Equal Employment Opportunity Commission (EEOC) charge-of-discrimination letter she filled out and the EEOC’s Dismissal and Notice of Rights letter. Plaintiff’s charge-of-discrimination letter checked boxes indicating that she had been discriminated against on the basis of sex, religion, national origin, age, and disability. She states in pertinent part in that letter:

I am female Middle Eastern National origin with disability in protected age group. I was fired by Medical Solution Travel Agency in February 2018 as Registered Nurse. I performed my job in satisfactory manner.
I have successfully completed one assignment for the above-named employer. I started new assignment at Norton Brownsboro Hospital in Louisville, Kentucky on approximately April 9, 2018 just after three nights in the hospital I was notified by Paul DiBattista, Requirter of Medical Solution Travel Agency of a complaints by Norton Brownsboro Hospital which included that a) I had yelled, when I had not, b) I did not have a stethoscope, c) One of my scrub did not have matching pant. I immediately purchased stethoscope and scrub which was been paid by Medical Solution Travel Agency. Hospital never informed to me directly about any complaint and rather I was appreciated for my performance on managing emergency and was rewarded with gift coupon.
On last day working in the hospital, I was been assigned to 4 patients in my assigned work place and then was floated to Emergency Room after 12:00 MN which I had to take care of another 4 patients. I had total of 8 patients instead of maximum ratio of 4:1 per hospital policy. I worked without any break on the last working day there.
On May 16, 2018 at 14:24 I received text m[e]ssage from Aaron Bogreen with Medical Solutions saying: Please do not return to the hospital until we speak. I immediately called him and he said: Norton Brownsboro Hospital has fired me and they will not hire me again in future and also Medical Solution Travel Agency terminate me too. I asked for reason and if possible mail me copy of hospital’s complaints against me. He said: he cannot mail me the reason but will let me know on phone. He gave few reason which were all false and discriminatory in nature but Main reason for discharge [was] . . . “no family of patients want me in their patients’ room as they feel unsafe around me.”


         A. Defendant Norton’s Rule 12(b)(6) motion to dismiss

         Defendant Norton’s motion to dismiss is brought under Fed.R.Civ.P. 12(b)(6). It argues that Plaintiff’s complaint does not plead “any facts to indicate any discriminatory conduct on the part of Norton or any facts to indicate that Norton had any influence or control over her employment.” Norton argues that because Plaintiff admits that it was not her employer, her claims under Title VII, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act and ADA Amendments Act (ADAAA) against it fail as a matter of law. Norton additionally argues that Plaintiff has not stated any facts to indicate how any of its actions were based on the various protected categories to which she states she belongs or on which to infer liability under Title VII, the ADEA or the ADAAA.

         Plaintiff filed a motion to compel (DN 36), which responds to Norton’s motion to dismiss. She asks this Court to “invalidate” the motion to dismiss because it was sent to her at an incorrect address. Regarding the merits of the motion to dismiss, Plaintiff asks a number of questions:

I was terminated and main reason given to me was: Patients’s family did not want me around their loved one as they don’t feel safe. Why? Why patients’s family did not feel safe? This is my legal questions. Is it an made up story by hospital to get rid of me or if it truth, why? How many complaints from patients’s family they had received and why? Did I hurt anyone? Why patients’s family did not feel safe? Because I am an Iranian? Because I am not American? Because I am not white or black? Because I have accent? Because I am a woman? Because I am 47? Because I am disable?? Why? What was the reason? And what I ...

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