Discrimination and Defamation Claim Stemming from Firing Based on Allegedly Racist Conduct Can Go Forward |
Free Speech
Eugene Volokh | 12.26.2025 3:21 PM
Birch v. John Muir Health, decided Tuesday by California Court of Appeal Justice Carin Fujisaki, joined by Alison Tucher & Ioana Petrou, stems from JMH's firing Birch "based on Birch's purported violations of JMH's polices against harassment and discrimination." The trial court granted summary judgment for JFH on Birch's claims for, among other things, discrimination and defamation, but the appellate court reversed. An excerpt from the long opinion:
In March 2003, Birch, a Filipina woman, began working for JMH as a registered nurse. Two years later, after earning a certificate in wound and ostomy care, she worked full-time on JMH's Skin Wound Assessment Team ("SWAT")…. From 2017 to 2019, Birch consistently received favorable performance reviews, with managers acknowledging her as a "subject matter expert" who exhibited passion, dedication, teamwork, and strong leadership skills….
In June 2019, Rachel Daniels ("Daniels"), a Black woman, began working as a per diem nurse on JMH's SWAT team. Daniels and Birch occasionally worked shifts together at the Concord Medical Center and initially enjoyed an amicable working relationship. [But the relationship soured in early 2020; for more details on the factual backstory, see the opinion. -EV]
The Court of Appeal held that Birch's discrimination claim can go forward:
Birch asserts there was a triable issue of fact as to whether JMH's termination of her employment was based on JMH treating Daniels more favorably because Daniels was Black. More particularly, Birch contends that even though she and Daniels were similarly situated, experienced mutual difficulties working together, and were both arguably in violation of JMH's core values and HR policies, Birch was the only one who was disciplined and terminated. Viewing the evidence in the light most favorable to Birch as the party opposing summary judgment, we agree there is sufficient evidence to raise a triable issue of fact as to JMH's alleged discriminatory treatment….
With respect to their jobs, Birch submitted evidence that she and Daniels were both wound and ostomy care nurses who worked on the SWAT team, and that she and Daniels both engaged in conduct that arguably violated aspects of JMH's core values and HR policies that required teamwork, professionalism, respectful communication, and the willingness to work together professionally regardless of past difficulties. For example, there was evidence that both nurses experienced persistent difficulties working and communicating with each other, which led both to seek supervisorial assistance on numerous occasions after various conflicts and........