Hardy-McDuffie v. University of Md Medical System

Filing 16

MEMORANDUM. Signed by Judge Catherine C. Blake on 12/21/2017. (c/m 12/21/2017 HE)(hep, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
TRENIECE HARDY-McDUFFIE

:
:
v.
: CIVIL NO. CCB-17-2266
:
UNIVERSITY OF MD MEDICAL SYSTEM :
...o0o...
MEMORANDUM
Treniece Hardy-McDuffie, representing herself, filed suit in this court on August 9, 2017
alleging racial discrimination in connection with the termination of her employment by the
Maryland General Hospital, d/b/a UMMC Midtown Campus (“UMMC”). UMMC has filed a
motion to dismiss under Fed. R. Civ. P. 12(b)(6). Despite being given appropriate notice, HardyMcDuffie has not responded.
The record establishes that Hardy-McDuffie was terminated for improperly accessing her
ex-husband’s medical records in violation of HIPAA. To establish a prima facie case of
discrimination under Title VII, she is required to show an appropriate comparator, i.e. a similarly
situated employee outside of her protected class who received lesser discipline for a similar
offense.1 Hardy-McDuffie, who identified herself as Black in her EEOC complaint, named two
other employees she believed committed similar records violations and were not terminated;
those other employees, however, also were identified as Black in her EEOC charge.2
In summary, while Hardy-McDuffie may not believe the decision was fair, she proffers
no evidence of racial discrimination and therefore fails to state a claim. See Booth v. County

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Hardy-McDuffie proffers no direct or circumstantial evidence of discrimination in her complaint.
The motion is properly treated as a motion to dismiss because the only documents referenced are those attached to
and referenced in the complaint.
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1

Executive, 186 F. Supp. 3d 479, 486 (D. Md. 2016); Allen v. Dorchester County, MD, 2013 WL
5442415, at *15 (D. Md. Sept. 30, 2013).3
Accordingly, the motion to dismiss will be granted by a separate Order.

December 21, 2017
Date

3

/s/
Catherine C. Blake
United States District Judge

Unpublished opinions are cited for the soundness of their reasoning, not for any precedential value.

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