Facts

Aida Oliva sued the County of Santa Clara and Barbara Traw, concerning her former employment with the county.

PLAINTIFF'S CONTENTIONS:
Plaintiff had been a per diem registered nurse for Santa Clara Medical Center since 1999. Plaintiff alleged that on Feb. 25, 2011, she was caring for an HIV-positive patient who had just given birth via c-section. Plaintiff alleged she later received a complaint regarding a "towel incident." Plaintiff claimed that she was administering treatment to the infant as patient was getting out of the shower. The patient dropped her towel, which presented a tripping hazard. Plaintiff, who was carrying the infant and administering treatment, instructed patient's sister to remove the towel to prevent the patient from tripping. Plaintiff alleged that she later received a complaint regarding the towel incident and was sent home by defendant Traw. Plaintiff alleged that the patient's sister was not placed in any danger because the dropped towel did not contain any bloodborne pathogens.

Plaintiff alleged that defendant Traw had subjected her to a pattern of harassment and retaliation. As an example, plaintiff alleged that in March, she requested to work in the Gastroenterology department, however another nurse informed her that the department could not offer her work due to an email sent by defendant Traw who instructed others not to allow plaintiff to work in other departments. Plaintiff alleged that the towel incident eventually led to her firing because defendants insisted that it led to a violation of the federal Health Insurance Portability and Accountability Act, or HIPAA. Plaintiff also accused defendants of violating her due process rights and other constitutional rights. Plaintiff alleged that her firing was due to her race, age, and gender.

In her first amended complaint, plaintiff asserted claims for discrimination based on disparate treatment, retaliation in violation of Title VII and the Fair Employment and Housing Act, negligent hiring, training, supervision and retention; violation of free speech, retaliation in violation of the Labor Code, retaliation in violation of the Health & Safety Code, invasion of privacy, intentional infliction of emotional distress, and retaliation for exercising free speech and petition under Monell.

DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's allegations and asserted various affirmative defenses. Additionally, defendants moved for summary judgment claiming that plaintiff was terminated because she violated hospital policy. Particularly, defendants contended that the patient in the towel incident requested that her HIV-positive status be kept confidential, and that the incident necessitated defendants to disclose her status to her sister. Defendants also contended that plaintiff violated the policy by knowingly exposing a hospital visitor, patient's sister, to bloodborne pathogen. Defendants also alleged that as a per diem RN, plaintiff was an "at will" employee and not entitled to notice prior to termination.

Result

The court granted summary judgment in favor of defendants on all of Oliva's claims.