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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : : : : : Civil No: CCB-04-3703 : : : : ...o0o...

ALICE M. ORIE v. CHARLES STREET HEALTHCARE CENTER, LLC, d/b/a FUTURECARE HOMEWOOD

MEMORANDUM The plaintiff Alice M. Orie filed this case, alleging discriminatory discharge, against defendant Charles Street Healthcare Center, LLC, d/b/a FutureCare Homewood ("Homewood"). Specifically, Orie alleges that Homewood terminated her employment on the basis of race, national origin, and age in violation of Title VII and the ADEA. Now pending is the defendant's motion for summary judgment. The issues have been fully briefed, and no hearing is necessary. See Local Rule 105.6. For the following reasons, the defendant's motion will be granted.

I. Background Homewood is one of 10 long-term nursing facilities run by FutureCare Health Management Corporation ("FutureCare") in the Baltimore/Washington area. Orie, an AfricanAmerican woman of Nigerian descent, was employed by Homewood as the facility's sole dietician from November 1997 until her termination in July 2004. In August and September 2003, the State of Maryland Department of Health and Mental Hygiene ("DHMH") inspected the facility and found deficiencies in a number of areas, including functions related to its nutrition

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program. (See Def.'s Mot., Ex. 4, at FC0452-60.) In particular, DHMH concluded that deficiencies in the nutrition program had contributed to causing "actual harm" to a resident, and faulted Orie's dietary notes for being "vague and subjective." (See id. at FC0455.)1 As a direct result of the DHMH survey, FutureCare replaced Homewood's administrator in October 2003 with Carolynne Adams, who was specifically charged with addressing the deficiencies. In addition, FutureCare's Regional Manager Eric Shope hired two consulting dieticians on a contract basis to review the facility's dietary records. Homewood has successfully passed three subsequent DHMH inspections. Adams had several interactions with Orie in which they discussed Adams' concerns with Orie's performance, including at least two meetings in December 2003 and one in March 2004.2 Adams also frequently discussed her concerns with Orie's performance through their regular informal interactions. In June 2004, the facility's Nutrition Committee implemented an action plan designed to address continued deficiencies in its nutrition program. (Def.'s Mot., Ex. 6.) The document assigned various specific tasks to a number of different individuals, including Orie, who was given a copy of the plan. Her duties included reviewing residents' 3-day intake and writing specific notes, comparing and noting weight losses/gains, and clearly identifying residents'

Although the court cannot locate a explicit reference to "actual harm" in the DHMH survey (Def.'s Mot., Ex. 4), the parties are in agreement that such a finding was made. (Affidavit of Carolynne Adams

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