Not qualified for job, prima facie case of discrimination under Title VII not proven, new job after medical leave was comparable placement, denied other jobs for legit non-discriminatory reasons, and no defensible FMLA interference or retaliation claims.

The plaintiff worked for Crest Haven Nursing & Rehabilitation Center, a long-term care facility owned and operated by the County of Cape May, New Jersey. She alleged discrimination and retaliation in violation of Title VII and New Jersey law and interference and retaliation in violation of the FMLA and New Jersey law. D’Ambrosio, who is African American, served as admissions director at Crest Haven from August 2010 until May 2012. On May 2, 2012, D’Ambrosio’s supervisory responsibilities were removed based on her own statement that she felt overwhelmed in the position, as well as insubordinate conduct. D’Ambrosio continued to perform clerical responsibilities in the admissions department, and there was no change in her title, salary or benefits. In December 2012, upon her return from a medical leave, D’Ambrosio was assigned to a vacant ward clerk position. She again retained her title, experienced no change in salary or benefits, and continued to work in the same building, work the same shifts and have the same days off. In January 2013, she expressed an interest in a scheduling coordinator position. Although D’Ambrosio was interviewed for the position, an employee who was filling in as scheduling coordinator was selected for the position. Also in January 2013, D’Ambrosio expressed her interest in the position of finance director, despite never having worked in finance and having no accounting experience. An accountant subsequently took over financial reporting duties, while an employee who already worked in the finance department assumed the finance director’s supervisory responsibilities. The District Court granted summary judgment in favor of Crest Haven on each of the plaintiff’s claims, and the Third Circuit affirmed that decision. With respect to D’Ambrosio’s “demotion” from admissions director to admissions clerk, the court concluded that she had not established she was qualified for the admissions director position based on her own statement that she was overwhelmed and could not handle the job. With respect to her assignment to the ward clerk position, the court found that this position was comparable to her former position, she did not establish an adverse employment action, and Crest Haven had a legitimate, nondiscriminatory reason for the assignment, the position was required to be filled per County regulations. With respect to D’Ambrosio’s failure to be selected for two other positions, the court concluded that Crest Haven had legitimate, nondiscriminatory reasons for selecting others based on their relevant experience. The denial of these positions was not retaliatory because D’Ambrosio did not show that, but for her filing of her first EEOC charge, she would have been hired for either. With respect to her claims of FMLA interference and retaliation, the Third Circuit held that the District Court properly granted summary judgment for the same reasons that the plaintiff’s Title VII claims were dismissed. 

_{Case Law Alerts, 1st Quarter, January 2019}

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