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Bryson v. Bridgeway Behavioral Health, Inc.

United States District Court, E.D. Missouri, Eastern Division

September 8, 2015

SABRENA BRYSON, Plaintiff,
v.
BRIDGEWAY BEHAVIORAL HEALTH, INC., Defendant

          Sabrena Bryson, Plaintiff, Pro se, St. Louis, MO.

         For Bridgeway Behavioral Health, Inc., Defendant: Mark Douglas Smith, LEAD ATTORNEY, Residence, Saint Louis, MO; Thomas G. Bearden, LEAD ATTORNEY, BEARDEN AND BRECKENRIDGE, St. Louis, MO.

Page 1146

         MEMORANDUM AND ORDER

         NANNETTE A. BAKER, UNITED STATES MAGISTRATE JUDGE.

         This matter is before the Court on Defendant Bridgeway Behavioral Health, Inc.'s (" Bridgeway" ) Motion for Summary Judgment. [Doc. 31.] Plaintiff Sabrena Bryson did not file a response and the

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time to respond has passed. Bryson is proceeding pro se. The parties have consented to the jurisdiction of the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c)(1). For the reasons set forth below, the Court will grant Bridgeway's motion.

         I. Background[1]

         Bryson filed this action alleging race discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq., and age discrimination under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. Bridgeway is a not for profit organization that operates emergency safe shelters and support outreach centers for victims of domestic abuse and sexual assault. Bridgeway also provides residential and outpatient services involved with the treatment and counseling of those with addictive disorders including substance abuse and mental disorders. Jack Barnett is the City Center Site Director, Jill Kwasniewski is the Vice President of HR, and Kathy Raniero is the Director of Nursing. Raniero was Bryson's supervisor during her employment.

         On October 12, 2010, Bryson was hired as a part-time Residential Technician. On May 20, 2011, she began working full-time which included 24 hours of Residential Technician work and 16 hours of work in the kitchen as a cook. On July 2, 2011, Bryson became a full-time Residential Technician. Bryson worked the night shift Monday through Friday from 11:00 p.m. to 7:30 a.m.

         On October 18, 2012, Bryson received a formal reprimand from Raniero for sleeping during her shift, resulting in a one-day suspension. The reprimand indicated Bryson would be terminated upon the next occurrence. On November 15, 2012, Raniero sent Bryson an email regarding incorrect billing.

         On or around January 25, 2013, a Screener position was awarded to Jude Hassan. Bryson maintains she applied for and was denied the position awarded to Hassan. On May 8, 2013, Bryson was offered part-time work in the kitchen, which she turned down. On or around June 17, 2013, a second Screener position was awarded to Jennifer Armer by promotion. Bryson did not apply for that position.[2]

         According to the job description, a Screener is expected to (1) answer incoming calls from individuals seeking to get into treatment, (2) complete a standardized screening form on each caller and enter data into the agency management information

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system, (3) schedule appointments for callers to obtain an assessment, and (4) maintain a standard of behavior that is at all times consistent with agency expectations and program philosophy as outlined in the agency's policies and procedures. The position requires demonstrated excellent verbal and written communications skills, which are necessary because a screener must gather, organize, and communicate information appropriately or patients may not receive the treatment they require.

         On October 22, 2013, Bryson received a formal reprimand from Raniero for unsatisfactory performance of billing and charting, indicating she would be terminated upon the next occurrence. Bryson was given additional training on billing. On November 6, 2013, Raniero again emailed Bryson regarding incorrect billing. On January 15, 2014, Bryson received another ...


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