United States District Court, E.D. Michigan, Southern Division
OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR
SUMMARY JUDGMENT [DOC. 21]
CARAM STEEH UNITED STATES DISTRICT JUDGE
Dr. Kevin Keogh filed this action alleging discrimination and
retaliation in violation of the Americans with Disabilities
Act (“ADA”), 42 U.S.C. § 12101 et
seq., and the Family and Medical Leave Act
(“FMLA”), 29 U.S.C. § 2601 et seq.
against his employer, defendant Concentra. The matter is
presently before the court on defendant's motion for
court held oral argument on defendant's motion on August
23, 2017. For the reasons set forth below, defendant's
motion for summary judgment is GRANTED.
Dr. Keogh's Employment at Concentra
provides occupational healthcare services dedicated to the
treatment of workplace injuries and the performance of
employment-related healthcare services, such as drug
screenings and pre-employment physicals. Dr. Keogh began his
employment as a physician for Concentra in 1993 when he sold
his medical practice to Concentra. Dr. Keogh worked as a
Staff Physician, first in the I-96 Center in Novi and later
in the Livonia Center. In 2001, Concentra promoted Dr. Keogh
to Center Medical Director (CMD) for the Livonia Center. As
CMD, Dr. Keogh's responsibilities included patient care
as well as leadership/management. CMD's reported directly
to the Area Medical Director (AMD). Concentra's core
operational principles are found in its Site Playbook. The
Site Playbook establishes standardized processes to ensure
that an individual has the same experience in all Concentra
Dr. Keogh had his first back surgery, a laminectomy for
herniated discs at levels L4 and L5. He had a second
laminectomy for the same discs in 2012, developed an
infection and underwent a subsequent fusion. Dr. Keogh
returned to work in February of 2013. Dr. Keogh contends he
had difficulty sitting, going from sitting to standing, and
walking for long periods due to his surgeries. As a result of
pain and other limitations, Dr. Keogh maintains that he got
fatigued after working for more than 6 hours.
Events Leading to Dr. Keogh's Demotion
mid-2013, Dr. Thomas became the AMD who directly supervised
Dr. Keogh as the CMD of the Livonia Center. In 2014, Dr.
Thomas developed concerns about Dr. Keogh's performance
and addressed performance and behavioral problems related to
his leadership. On February 14, 2014, Dr. Thomas noted that
Dr. Keogh made fun of the Playbook. On February 26, 2014, Dr.
Thomas met with Dr. Keogh about his attendance at the
mandatory quarterly staff meeting. Dr. Keogh said he would
“think about” attending. On March 4, 2014, Dr.
Keogh told Dr. Thomas he would not attend the mandatory
quarterly meeting because “if it's not about
medicine I don't have anything to do with it.” (Ex.
15, Dr. Thomas' Counseling Notes).
March 4, 2014 meeting, where the Site Playbook was rolled out
to staff at the Livonia Center, Dr. Keogh spent the first 70
minutes of the 90 minute meeting working in another room.
When asked to sign his pledge agreeing to adhere to the
principles of the Site Playbook, Dr. Keogh signed the name
“Wiley E. Coyote.”
Thomas informed Dr. Cobb, a Regional Medical Director, of Dr.
Keogh's insubordination. Dr. Cobb forwarded the
information to Dr. Yaldo, Concentra's Vice President of
Medical Operations, Dr. Cobb expressed her support “of
making a move to separate Dr. Keogh” to Senior HR
Consultant Thomas Tschirhart.
placed Dr. Keogh on a PIP on March 11, 2014 for
(1) Openly mocking Concentra's policies and procedures;
(2) Not consistently completing charts in a timely fashion;
(3) Not participating in the management of the Livonia Center
(4) Consistently arriving late for meetings;
(5) Engaging in rude and disrespectful behavior in meetings,
such as addressing the group with “Hi Ladies and
(6) Failing to take Livonia Center performance metrics
(7) Not taking responsibility for center readiness audits
required Dr. Keogh to correct his deficiencies and meet
expectations within 30 days. While on the PIP, Dr. Keogh
refused to see a patient for a physical exam because the
patient arrived 15 minutes before closing and Dr. Keogh did
not want to delay the end of his shift. This conduct was in
contravention of Concentra's policy of requiring that all
patients arriving at a clinic before closing are seen. Also
while on the PIP, Dr. Keogh arrived ...