Full opinion text
ORDER ON MOTION FOR SUMMARY JUDGMENT JOHN A. WOODCOCK, JR., Chief Judge. In an action by a nurse against a hospital alleging a hostile work environment under Title VII and the Maine Human Rights Act, and retaliation under Title VII, the Maine Human Rights Act and the Maine Whistleblower’s Protection Act, the hospital moves for summary judgment. The Court concludes that summary judgment is appropriate as to the hostile work environment claims because the hospital took the nurse’s sexual harassment complaints seriously and acted promptly and appropriately. The Court concludes that summary judgment is not appropriate as to the retaliation claims because there remains a question of fact as to whether the nurse’s termination was pretextual. The Court also concludes that summary judgment is not appropriate as to the nurse’s demand for punitive damages. I. STATEMENT OF FACTS A. Procedural History On August 6, 2009, Tanya Daigle filed a complaint in this Court against Jaroslav P. Stulc and Redington-Fairview General Hospital (“Redington-Fairview”), alleging that Jason Stulc, a physician who was a member of the Medical Staff of Redington-Fairview, has sexually harassed her and that Redington-Fairview provided a hostile work environment for her and retaliated against her by firing her when she complained. Compl. (Docket # 1). Ms. Daigle later amended the Complaint to include Dr. Stulc as a defendant. Am. Compl. (Docket # 25). The Amended Complaint claims the hospital created a hostile work environment in violation of the Maine Human Rights Act (MHRA) and Title VII (Count IV), retaliated against her under the MHRA and Title VII (Count V), violated the Whistleblower’s Protection Act (Count VI), engaged in impermissible gender discrimination under 42 U.S.C. §§ 2000e-2, 2000e-3, and 1981a (Count VII), and violated the Maine Human Rights Act (Count VIII). Am. Compl. 40-44. Redington-Fairview contends that it terminated Ms. Daigle’s employment because she violated hospital rules, not for impermissible reasons. On November 12, 2010, Redington-Fairview moved for summary judgment. Def.’s Mot. for Summ. J. (Docket #68) (Def.’s Mot.). Ms. Daigle responded on December 17, 2010. PL’s Objection to Def.’s Mot. for Summ. J. (Docket #70) (Pl.’s Reap.). Redington-Fairview replied on January 10, 2011. Def. RedingtoPr-Fairview Gen. Hosp. ’s Reply Mem. in Support of Mot. for Summ. J. (Docket # 80) (Def.’s Reply). B. Statement of Facts 1. Statements of Material Fact, Objections, and Qualified Responses Local Rule 56 requires the parties to present “a separate, short, and concise statement of material facts” with their motion, opposition, and reply. D. Me. Loe. R. 56(b)-(d). Here, Redington-Fairview led off with 202 separate material facts. Def.’s Statement of Undisputed Material Facts ¶¶ 1-202 (Docket # 64) (DSMF). Ms. Daigle responded with 288 additional facts. PL’s Opposing Statement of Material Facts (Docket # 71) (PODSMF). All told, the parties presented “separate, short and concise” statements containing 490 paragraphs. That is not all. With few exceptions, each party liberally disputed the other’s supposedly undisputed material facts. Of the Defendant’s 202 material facts, Ms. Daigle admitted 155, objecting to, qualifying or denying the remaining 47. Of Ms. Daigle’s 288 additional facts, Redington-Fairview outright admitted only 57, objecting to, qualifying, or denying all or a portion of the remaining 231. Def Redington-Fairview Gen. Hosp.’s Resp. to Pl.’s Opposing Statement of Material Fact (Docket #81) (DRPSAMF). When presented with such an unwieldy and contentious record on a motion for summary judgment, the Court is left with few good options. It does not bode well for the movant who must demonstrate that there are no genuine issues of material fact to present such a highly disputatious set of combined facts; by filling the record with hundreds of facts, great and small, and by denying, objecting, or qualifying so much of the non-movant’s additional material facts, the movant effectively proves his opponent’s point. At the same time, the non-movant’s tactical choice to load the record with tangential facts and legal argument in the guise of facts does not create material facts where none exists. 2. The Undisputed Facts In accordance with the “conventional summary judgment praxis,” the Court recounts the facts in the light most favorable to the non-movant’s theory of the case, consistent with record support. Gillen v. Fallon Ambulance Serv., Inc., 283 F.3d 11, 17 (1st Cir.2002). a. Tanya Daigle Redington-Fairview employed Tanya Daigle as a medical secretary from January 22, 2007 through November 12, 2008. DSMF ¶¶ 15-16; PODSMF ¶¶ 15-16. Redington-Fairview initially employed Ms. Daigle in Redington-Fairview Primary Care, one of its satellite offices and in April 2007, it transferred her to its newly-formed general surgery office. DSMF ¶¶ 16-17; PODSMF ¶¶ 16-17. From April 2007 to September 2007, Ms. Daigle worked in general surgery performing medical assisting work for various locum tenens surgeons as well as certain office managerial duties, and during this period, the general surgery office was staffed exclusively by the locum tenens surgeons and Ms. Daigle. DSMF ¶¶ 18-19; PODSMF ¶¶ 18-19. On September 19, 2007, Redington-Fairview hired Dr. Jaroslav Stulc as a general surgeon, and Dr. Stulc continued to work there until November 21, 2007. DSMF ¶¶ 20-21; PODSMF ¶¶ 20-21; PSAMF ¶ 412; DRPSAMF ¶412. Between November 21, 2007 and February 2008, Ms. Daigle helped fill in for other offices as Redington-Fairview recruited a new general surgeon. DSMF IT 21; PODSMF ¶ 21. In February 2008, Dr. Shankar, a general surgeon, began working at Redington-Fairview’s general surgery office. DSMF ¶22; PODSMF ¶22. As of February 1, 2008, Redington-Fairview had a medical secretary and a medical assistant working in the general surgery office. DSMF ¶ 23; PODSMF ¶ 23. b. The Redington-Fairview Witnesses The Redington-Fairview witnesses to this case include: 1) Richard Willett, the Chief Executive Officer (CEO) at Redington-Fairview; 2) Dana Kempton, the Chief Financial Officer (CFO) at Redington-Fairview; 3) Deborah Buckingham, the Director of Human Resources at Redington-Fairview; 4) Raymond Leadbetter, the Practice Manager at Redington-Fairview until March 12, 2008 and Ms. Daigle’s direct supervisor; 5) Linda Caron, the Practice Manager at Redington-Fairview from April 2008 through November 3, 2008 and Ms. Daigle’s direct supervisor from April to May 2008; 6) Lisa Rice, Office Manager of General Surgery at Redington-Fairview, effective May 29, 2008; 7) Virginia Farley, Manager of the Post Anesthesia Care Unit (PACU) and Day Surgery at Redington-Fairview; 8) Gretchen Keaney, primary charge nurse until January 2001 and since then, the Operating Room (OR) Manager at Redington-Fairview; 9) Sherry Rogers, Chief Nursing Officer at Redington-Fairview; 10) Danielle Gagnon, Registered Nurse at Redington-Fairview General Surgery from September 10, 2007 through February 5, 2009; and, 11) Dr. Roger Renfrew, Medical Director of Redington-Fairview. DSMF ¶¶ 1-12, 14; PODSMF ¶¶ 1-12,14. c. Dr. Jaroslav Stulc Approximately September 1, 2007, Dr. Jaroslav Stulc began working at Redington-Fairview as a locum tenens on a per diem basis. DSMF ¶24; PODSMF ¶24. From September 1, 2007 to September 19, 2007, his work was exemplary and on September 19, 2007, he began working in Redington-Fairview’s general surgery office. DSMF ¶ 24; PODSMF ¶24. As a condition of employment, before he became employed at Redington-Fairview, Dr. Stulc applied for membership on its Medical Staff. DSMF ¶ 25; PODSMF ¶25. To review his Medical Staff application, Redington-Fairview, through its Medical Staff, verified information about Dr. Stulc, including his education, qualifications, experience, work history, and background, checked with the National Practitioner Data Bank and his previous hospitals, and interviewed him. DSMF ¶ 26; PODSMF ¶ 26. d. The Redington-Fairview Hiring Process for Dr. Stulc On June 2, 2007, Dr. Jaroslav P. Stulc applied to the Maine Board of Licensure in Medicine for a license to practice medicine in the state of Maine. Pi’s Separate Statement of Additional Facts ¶ 203 (Docket # 71) (PSAMF); DRPSAMF ¶ 203. As a part of his application, Dr. Stulc signed under penalties of perjury an “Affidavit of Applicant,” which affirmed that all of his statements were true. PSAMF ¶ 204; DRPSAMF ¶ 204. In his application, Dr. Stule was asked: “Have you EVER had your hospital, HMO, or other healthcare entity privileges revoked, suspended, restricted, limited in any way, or withdrawn involuntarily?” PSAMF ¶ 205 (capitalization in original); DRPSAMF ¶ 205. Dr. Stale circled “No,” which was false. PSAMF ¶¶ 205, 206; DRPSAMF ¶¶ 205, 206. The application also asked: “Have you EVER voluntarily surrendered privileges or resigned from staff membership during peer review or investigation or to avoid peer review or investigation?” PSAMF ¶ 207; DRPSAMF ¶ 207 (capitalization in original). Dr. Stale circled “No,” which was false. PSAMF ¶¶207, 208; DRPSAMF ¶¶ 207, 208. Dr. Stale committed perjury while applying to the Maine Board of Li-censure in Medicine in order to practice medicine and surgery in the state of Maine. PSAMF ¶ 209; DRPSAMF ¶ 209. By contrast, in his application for Medical Staff privileges at Redington-Fairview, Dr. Stale acknowledged that his clinical privileges or employment at a hospital or other facility had been limited, suspended, revoked, or renewed, or made subject to probationary conditions or otherwise adversely affected. PSAMF ¶ 211; DRPSAMF ¶ 211. If Redington-Fairview reviewed both Dr. Stulc’s application to the Board of Licensure in Medicine and his application for Medical Staff privileges, it would have known or should have known that he had lied on his application for a medical license. PSAMF ¶ 212; DRPSAMF ¶ 212. During his interviews and pre-employment meetings, Dr. Stale advised Messrs. Willett and Kempton and Dr. Renfrew that he had voluntarily obtained treatment for anger management at Trover Regional Medical Center, where he previously worked. DSMF ¶27; PODSMF ¶27. Later, Redington-Fairview received information from a psychologist that Dr. Stale had made significant progress with his anger issues and the psychologist had no reservations about his ability to function appropriately. DSMF ¶ 28; PODSMF ¶ 28. After a recommendation from the Medical Staff, a review of the background material, personal meetings and interviews with Dr. Stulc, and discussions with Dr. Renfrew, Mr. Willett, the Redington-Fairview CEO, decided to hire Dr. Stulc. DSMF ¶ 29; PODSMF ¶ 29. e.Redington-Fairview Sexual Harassment Training Redington-Fairview Hospital provides all employees with a copy of its sexual harassment policy and it trains all employees on this policy during their initial orientation. DSMF ¶ 80; PODSMF ¶30. Further, Redington-Fairview requires all employees to take harassment training through e-learning on an annual basis. DSMF ¶ 31; PODSMF ¶ 31. After Redington-Fairview first hired Ms. Daigle, she was given a copy of the sexual harassment policy, received sexual harassment training, and undertook annual reviews. DSMF ¶¶ 33-35; PODSMF ¶¶ 33-35. f.Tanya Daigle’s Initial Problems Either during the last week of September or the first week of October, 2007, a few weeks after Dr. Stulc began working at Redington-Fairview, Ms. Daigle began to experience problems with him. DSMF ¶ 36; PODSMF ¶ 36. Her first uncomfortable encounter took place when Dr. Stulc yelled at her and told her not to second guess him when she called to the Hospital to find out when he would return to the office. DSMF ¶ 37; PODSMF ¶ 37. The Monday after the incident, Ms. Daigle reported her concern about Dr. Stale’s verbal abuse to Mr. Leadbetter, her direct supervisor, and Dr. Renfrew, and Mr. Leadbetter assured her that he would address it with the doctor. DSMF ¶¶ 38-39; PODSMF ¶¶ 38-39. Dr. Renfrew asked Ms. Daigle to set up a meeting among Dr. Stulc, Virginia Farley, himself and herself to work out expectations. DSMF ¶ 40; PODSMF ¶ 40. About one month later, however, Dr. Stulc became upset when Ms. Daigle told him that she could not read a word of what he had written on a form, and he told her she should go back to school. DSMF ¶ 41; PODSMF ¶ 41. Ms. Daigle observed that Dr. Stulc is a very vocal man and he interacted this way with both men and women. DSMF ¶ 42; PODSMF ¶ 42. g.October 10, 2007: Pornographic Images and the Hospital’s Response On October 10, 2007, while putting change back into Dr. Stale’s desktop drawer, Ms. Daigle discovered printouts of several pornographic images. DSMF ¶43; PODSMF ¶ 43. That same day, Ms. Daigle and Ms. Gagnon both found pornography on the hospital computer in Dr. Stale’s office. PSAMF ¶ 218; DRPSAMF ¶ 218. Ms. Daigle alerted Mr. Leadbetter who immediately came to the office and after Mr. Leadbetter viewed the printouts, he had Ms. Daigle copy them and went to the Hospital to report the incident to his supervisor, Dana Kempton. DSMF ¶¶ 44-45; PODSMF ¶¶ 44-45. This was the first time Ms. Daigle reported to management concerns about whether Dr. Stulc was viewing inappropriate images in his office at Redington-Fairview. DSMF ¶ 47; PODSMF ¶ 47. When Mr. Kempton came to the general surgery office, Ms. Daigle and Ms.- Gagnon told Mr. Leadbetter that they had witnessed a lot of inappropriate sexual behavior from Dr. Stulc, including sexually touching female patients, such as caressing their faces with the back of his hand, patting their buttocks, and rubbing their buttocks with his hand. PSAMF ¶219; DRPSAMF ¶ 219. Ms. Gagnon also told Mr. Kempton about what she considered to be inappropriate verbal sexual conduct with a male patient, who was being seen for rectal bleeding. PSAMF ¶220; DRPSAMF ¶ 220. They reported that Dr. Stulc had said to the man: “You know, we’re going to go places where no one has gone. Not even your wife — even though I let my wife go there, (chuckle).” Id. Ms. Gagnon complained that as a female medical assistant, Dr. Stale’s comments made her feel very embarrassed and uncomfortable. PSAMF ¶ 221; DRPSAMF ¶ 221. Ms. Gagnon had informed Redington-Fairview of this conduct shortly after it occurred. PSAMF ¶ 233; DRPSAMF ¶ 233. Dr. Stale was not in the office that day. DSMF ¶ 46; PODSMF ¶ 46. Mr. Kemp-ton and Mr. Leadbetter met with Dr. Stulc, showed him the images, and Dr. Stale admitted he had printed them. DSMF ¶ 48; PODSMF ¶48. Mr. Kemp-ton told Dr. Stulc that Redington-Fairview would not tolerate this type of behavior. DSMF ¶ 49; PODSMF ¶ 49. On October 12, 2007, Mr. Kempton and Mr. Leadbetter met with both Ms. Daigle and Ms. Gagnon and Mr. Kempton apologized to Ms. Daigle and assured her that the Hospital would not retaliate against her for reporting Dr. Stale. DSMF ¶ 51-53; PSAMF ¶ 223; DRPSAMF ¶ 223. In fact, Redington-Fairview management had always instructed Ms. Daigle that if she were to witness something that was ethically wrong, she should report it to management as she did to Mr. Leadbetter, and Ms. Daigle signed an ethical statement to that effect on November 16, 2007. PSAMF ¶ 231; DRPSAMF ¶ 231. Mr. Kempton informed them that Dr. Stulc admitted to looking up pornography during office hours and that he was remorseful. PSAMF ¶ 223; DRPSAMF ¶ 223. On October 12, 2007, Mr. Kempton wrote that he was concerned that Dr. Stale was viewing pornography at work, even though he expressed remorse, there was “such a disconnect between expressed remorse and something so obviously wrong” as viewing pornography while at work before examining female patients. PSAMF ¶ 241; DRPSAMF ¶ 241. Ms. Daigle and Ms. Gagnon told Mr. Kempton that they felt they could continue to work with Dr. Stulc if he was remorseful and if he promised not to engage in similar behavior again. DSMF ¶ 54; PODSMF ¶ 54. Believing that a mediator would be present, Ms. Daigle and Ms. Gagnon agreed to meet with Dr. Stulc. DSMF ¶ 55; PODSMF ¶ 55; PSAMF ¶223; DRPSAMF ¶ 223. At the October 12, 2007 meeting, Ms. Daigle informed Mr. Kempton and Mr. Leadbetter that Dr. Stulc had verbally threatened her and had placed her in fear in her own office. PSAMF ¶ 223; DRPSAMF ¶223. Mr. Kempton excused the doctor’s conduct saying that Dr. Stulc was under a lot of stress. PSAMF ¶ 223; DRPSAMF ¶ 223. Mr. Kempton and Mr. Leadbetter met with Dr. Stulc and told him that he must meet with Ms. Daigle and Ms. Gagnon. DSMF ¶ 56; PODSMF ¶ 56. On October 15, 2007, Ms. Daigle and Ms. Gagnon went to Mr. Kempton’s office. PSAMF ¶ 224; DRPSAMF ¶ 224. There was no mediator present and Ms. Buckingham was not present either. PSAMF ¶ 224; DRPSAMF ¶ 224. In fact, Ms. Buckingham was not aware of the meeting. PSAMF ¶ 239; DRPSAMF ¶239. The meeting took place among Dr. Stulc, Ms. Daigle, Ms. Gagnon, Mr. Kempton, and Mr. Leadbetter. DSMF ¶57; PODSMF ¶57. Ms. Daigle felt intimidated and found it difficult to speak because there was no mediator or female management personnel present. PSAMF ¶¶ 224, 229; DRPSAMF ¶¶ 224, 229. At the October 15, 2007 meeting, Dr. Stulc said, “Well, I guess I have been a bad, bad boy” and “I am just a guy.” PSAMF ¶ 225; DRPSAMF ¶225. Mr. Kempton chuckled at the doctor’s remark. PSAMF ¶ 225; DRPSAMF ¶225. Dr. Stulc excused his behavior by saying that he and his wife viewed computer pornography all the time, that he was used to having his own private practice,' and that he did not see any harm in what he was doing. PSAMF ¶225; DRPSAMF ¶225. Nevertheless, Dr. Stulc apologized for his behavior and said he would like to continue to work with Ms. Daigle and Ms. Gagnon. DSMF ¶ 59; PODSMF ¶59. Although Mr. Kempton thought Dr. Stulc was genuinely sorry, Ms. Daigle did not. DSMF ¶ 60; PODSMF ¶ 60; PSAMF ¶225; DRPSAMF ¶ 225. In Ms. Daigle’s presence, Mr. Kempton told Dr. Stulc that downloading pornography on the office computer, where Ms. Gagnon and Ms. Daigle could be exposed to it, would not be tolerated and constituted sexual harassment. PSAMF ¶ 226; DRPSAMF ¶ 226. Mr. Kempton and Mr. Leadbetter told Dr. Stulc that the Hospital had a “zero tolerance” policy against conduct of a sexual nature and looking at pornography before and after he examined female patients is ethically wrong and would not be tolerated. PSAMF ¶ 230; DRPSAMF ¶230. At the same meeting, however, Dr. Stulc said that he “doesn’t like to be second-guessed and cannot have that in my office.” PSAMF ¶ 227; DRPSAMF ¶ 227. When Dr. Stulc said that a lot of what he does in the office setting is “his style,” for example, caressing female patients, neither Mr. Kempton nor Mr. Leadbetter told him that “his style” was unethical and violated state and federal law. PSAMF ¶ 228; DRPSAMF ¶ 228. Furthermore, although Ms. Daigle had asked Mr. Leadbetter and Mr. Kempton to tell Dr. Stulc not to verbally abuse her, they failed to mention to him that such abuse or hostility is against Hospital policy. PSAMF ¶ 229; DRPSAMF ¶ 229. For a few weeks, Dr. Stulc was fine and things went smoothly in general surgery. DSMF ¶ 63; PODSMF ¶63. Even so, after the images were found in his drawer, Mr. Kempton made arrangements for Dr. Stulc to meet with a psychologist because he was concerned that even though Dr. Stulc was remorseful, there could have been some underlying issues that precipitated his viewing inappropriate images at work. DSMF ¶ 64; PODSMF ¶ 64. h. October 15 — November 19, 2007: Additional Problems On October 18, 2007, Dr. Stulc falsely told one of Ms. Daigle’s co-workers that Ms. Daigle “obviously didn’t know what time the surgeries are, and that is why he is late all of the time.” PSAMF ¶ 242; DRPSAMF ¶ 242. Of all the doctors, Dr. Stulc was the only one who was consistently late and who complained about Ms. Daigle’s scheduling. PSAMF ¶ 242; DRPSAMF ¶ 242. Sometime after October 15, 2007, Dr. Stulc performed a pre-operative examination on a teenaged female and afterwards, he inappropriately patted her buttocks with his hand. PSAMF ¶ 243; DRPSAMF ¶ 243. On October 19, 2007, Ms. Daigle told Mr. Leadbetter, her supervisor, that she had felt intimidated by the circumstances of the October 15, 2007 meeting in Mr. Kempton’s office and that she had been under the impression on October 12, 2007, there would be a mediator at that meeting so she could speak freely. PSAMF ¶ 244; DRPSAMF ¶ 244. Mr. Leadbetter replied that “Dr. Stulc is not going anywhere and if [you cannot] work with the doctor,” he would “find another position” for her. PSAMF ¶ 244; DRPSAMF ¶ 244. On October 26, 2007, Dr. Stulc stated in the presence of a 15 year old female while raising his eyebrows, “Boy, they don’t make them like that anymore,” and “They never made them like that when I was younger.” PSAMF ¶ 258; DRPSAMF ¶ 258. On November 13, 2007, Dr. Renfrew gave Dr. Stulc his five-week review. PSAMF ¶ 246; DRPSAMF ¶246. Dr. Stulc told Ms. Daigle that the Hospital had said he was doing a wonderful job and to keep up the good work. PSAMF ¶246; DRPSAMF ¶ 246. Dr. Stulc appeared happy with the review and was bragging about it in the office. PSAMF ¶ 246; DRPSAMF ¶ 246. He made no mention of any comments about his violation of Redington-Fairview ethical policies respecting female employees and patients. PSAMF ¶ 246; DRPSAMF ¶ 246. On November 14, 2007, Dr. Stulc made rude and inappropriate comments of a sexual nature, and each day thereafter, Dr. Stulc subjected Ms. Daigle to verbal abuse and an uncomfortable work environment. PSAMF ¶ 247; DRPSAMF ¶ 247. On that same ■ day, Dr. Stulc was scheduled to see patients at 1:00 p.m. but at about 1:15 p.m. called the general surgery office to inform them he was going to be late. PSAMF ¶ 248; DRPSAMF ¶248. Ms. Daigle asked Dr. Stulc when they could expect him and he replied, as soon as “[I am] done saving lives.” Id. As more time passed, Ms. Daigle began to reschedule patients. PSAMF ¶248; DRPSAMF ¶ 248. Dr. Stulc arrived at 3:30 p.m. PSAMF ¶ 248; DRPSAMF ¶248. After the last patient left, Ms. Daigle asked Dr. Stulc to have someone call if he knew he was going to be late so that they could call the patients to reschedule. PSAMF ¶ 248; DRPSAMF ¶ 248. Dr. Stulc told Ms. Daigle not to tell him how to run his practice. PSAMF ¶ 248; DRPSAMF ¶ 248. On November 15, 2007, after Dr. Stulc had written an illegible word on a patient consent form, Ms. Daigle asked him what the word was. PSAMF ¶ 249; DRSAMF ¶ 249. In a degrading tone in front of patients in the waiting area, Dr. Stulc told Ms. Daigle what the word was and loudly stated that she needed to go back to school, embarrassing her in front of the patients. PSAMF ¶ 249; DRSAMF ¶ 249. The problem, however, had been Dr. Stale’s penmanship, not Ms. Daigle’s education. PSAMF ¶ 249; DRSAMF ¶249. Also on November 15, 2007, another patient called before her follow-up appointment to state that she was in so much pain due to the procedure Dr. Stulc had performed on November 8, 2007, she had been up all night. PSAMF ¶ 250; DRPSAMF ¶ 250. Upon questioning, the patient said her pain was a 20 on a scale of 1 to 10 and that she was running a fever of 102. PSAMF ¶ 250; DRPSAMF ¶250. Ms. Gagnon advised the patient to go to the emergency room. PSAMF ¶ 250; DRPSAMF ¶ 250. When Dr. Stale arrived, he said that “the whiner baby is in the emergency room.” PSAMF ¶ 250; DRPSAMF ¶ 250. When Ms. Daigle told Dr. Stulc and she and Ms. Gagnon had sent the patient to the emergency room because of what she had told them, Dr. Stulc replied that was ridiculous. PSAMF ¶ 250; DRPSAMF ¶ 250. On November 16, 2007, Dr. Stulc examined a patient for removal of an abscess on her arm. PSAMF ¶ 251; DRPSAMF ¶ 251. After he examined her, he directed that she be scheduled for removal of the abscess during the next week and, after she left, he said that “he could have done the removal that day, but we needed to get the maximum money for visits to the office.” PSAMF ¶ 251; DRPSAMF ¶251. On November 20, 2007, Dr. Stulc was again late for his appointments and Ms. Daigle and Ms. Gagnon rearranged his schedule. PSAMF ¶252; DRPSAMF ¶ 252. When he arrived, he noticed that his last patient was scheduled for 3:30 p.m. and asked Ms. Daigle to see if the patient could come in early. PSAMF ¶ 252; DRPSAMF ¶ 252. The patient arrived at the office at 2:15 p.m. and was immediately prepped and made ready for the procedure. PSAMF ¶ 252; DRPSAMF ¶252. Dr. Stulc was notified that the patient was ready at 2:20 p.m. but he was at his computer and on the phone with his cellular company, trying to have his phone repaired. PSAMF ¶ 252; DRPSAMF ¶ 252. When Ms. Daigle glanced into his office, she observed pornography on his computer screen. PSAMF ¶ 252; DRPSAMF ¶ 252. Dr. Stulc did not enter the procedure room until 3:00 p.m. PSAMF ¶ 252; DRPSAMF ¶ 252. Ms. Daigle reported this conduct to Mr. Leadbetter and she requested a meeting. PSAMF ¶ 253; DRPSAMF ¶253. The meeting never took place because it was overtaken by the events of November 21, 2007. PSAMF ¶253; DRPSAMF ¶ 253. i. November 20, 2007: Operational Concerns On or about November 20, 2007, Ms. Daigle emailed Mr. Leadbetter, describing several operational issues of concern with Dr. Stulc and the general surgery office. DSMF ¶ 78; PODSMF ¶ 78. These issues included claims that Dr. Stulc did not always answer his pages, that he was making patients wait to see him, and that he was not a team player. DSMF ¶ 78; PODSMF ¶ 78. Mr. Leadbetter shared the email with Mr. Kempton and a meeting was scheduled for Tuesday, November 27, 2007 to discuss these concerns. DSMF ¶ 79; PODSMF ¶ 79. But the November 27, 2007 never happened because by then, Redington-Fairview had placed Dr. Stulc on administrative leave. DSMF ¶ 80; PODSMF ¶ 80. j. November 21, 2007: The Exam of “Jane Doe” and the PERTS Report On November 21, 2007, two Operating Room (OR) Nurses reported to Gretchen Keaney, the OR manager at Redington-Fairview, that, prior to a surgical procedure, Dr. Stulc had examined a patient’s rectal and vaginal area without wearing gloves while the patient was under general anesthesia. DSMF ¶ 85; PODSMF ¶ 85; PSAMF ¶ 285; DRPSAMF ¶285. Ms. Keaney reported the incident to Sherry Rogers, the Chief Nursing Office at Redington-Fairview. DSMF ¶ 86; PODSMF ¶ 86. Although Dr. Stulc violated standard precautions and infection control practices, a physical examination was appropriate before surgery. DSMF ¶¶ 87-88; PODSMF ¶¶ 87-88. The nursing staff held the view that Dr. Stulc had violated Jane Doe while she was about to have surgery and they were extremely uncomfortable witnessing Dr. Stulc perform this examination. PSAMF ¶ 287; DRPSAMF ¶ 287. Ms. Rogers reported the incident to Dr. Renfrew, who told Dr. Stulc he was never to do that again. DSMF ¶ 89; PODSMF ¶ 89. At Ms. Rogers’ recommendation, Redington-Fairview prepared a Patient Event Reporting and Tracking System (PERTS) report regarding the incident. DSMF ¶¶ 90-91; PODSMF ¶¶ 90-91. A PERTS report is a system in place at Redington-Fairview to document, report, trend, and handle unexpected events or events that could have happened. DSMF ¶ 91; PODSMF ¶ 91. The PERTS report did not address sexual misconduct, but addressed the doctor’s failure to properly glove himself during the examination. DSMF ¶ 92; PODSMF ¶ 92. According to Redington-Fairview policy, a PERTS report, like the one involving Dr. Stulc, does not warrant administrative leave, disciplinary action, or termination. PSAMF ¶¶ 312-14; DRPSAMF ¶¶ 312-14. Ms. Daigle viewed the incident as sexual abuse. PSAMF ¶289; DRSAMF ¶289. She recognized the patient as having been an 18 year old female, the same patient whose buttocks Dr. Stulc had patted in the office. PSAMF ¶ 289; DRSAMF ¶289. These incidents made Ms. Daigle fear allowing Dr. Stulc to examine female patients. PSAMF ¶ 292; DRPSAMF ¶ 292. At no time did Redington-Fairview notify the patient who was the subject of the PERTS report. PSAMF ¶¶307, 311; DRSAMF ¶¶307, 311. Redington-Fairview did not notify the National Practitioners Data Bank or state authorities about the events underlying the PERTS report; it did later report Dr. Stulc to the Maine Board of Licensure in Medicine. PSAMF ¶¶ 308-10; DRPSAMF ¶¶ 308-10. If a nurse at Redington-Fairview has a sexual harassment complaint, the Hospital protocol dictates that she would go to her direct supervisor, who would then contact Deborah Buckingham, the Director of Human Resources. PSAMF ¶ 320; DRPSAMF ¶ 320. Ms. Buckingham was not made aware of the PERTS report against Dr. Stulc. PSAMF ¶ 322; DRPSAMF ¶ 322. k. November 21, 2007: Pornographic Images and the Hospital’s Response On November 21, 2007, Ms. Daigle saw inappropriate images of naked women on Dr. Stale’s computer at the general surgery office. DSMF ¶ 65; PODSMF ¶ 65. Specifically, when she arrived at work at 8:00 a.m., she was required to download dictation from Dr. Stulc from the previous day that was on his computer. PSAMF ¶ 254; DRPSAMF ¶254. When she moved the mouse, an image appeared on the screen that showed a woman clad only in a johnny gown, sitting on a table under the caption, “Casual Sex.” PSAMF ¶ 254; DRPSAMF ¶ 254. Recalling the “zero tolerance” directive, she called Mr. Leadbetter and asked him to come to the office. PSAMF ¶ 254; DRPSAMF ¶254. Mr. Leadbetter observed this image and when he scrolled down the side of the screen, there were several images of nude women and pornography. PSAMF ¶ 254; DRPSAMF ¶ 254. After Mr. Leadbetter viewed the images, he quickly called the Hospital and told Ms. Daigle and Ms. Gagnon to lock the door and meet him there. DSMF ¶ 68; PODSMF ¶ 68. Ms. Daigle and Ms. Gag-non met Mr. Leadbetter, Ms. Buckingham, Mr. Kempton, and Mr. Willett in Mr. Willett’s office the same day. DSMF ¶ 69; PODSMF ¶ 69. At this meeting, Ms. Daigle and Ms. Gagnon not only reported that Dr. Stulc had been looking at pornography on his computer but also voiced concerns about his interactions with patients. DSMF ¶ 70; PODSMF ¶ 70. They mentioned that while Dr. Stulc was in his office viewing pornography, he was making patients wait for long periods of time. PSAMF ¶ 254; DRPSAMF ¶ 254. During this November 21, 2007 meeting, Ms. Daigle and Ms. Gagnon reported that things had been going well up to approximately one week before this meeting. DSMF ¶ 71; PODSMF ¶ 71. Ms. Gagnon and Ms. Daigle were asked if they would meet with a counselor who had seen Dr. Stulc after the first reported incident, and they agreed to do so. PSAMF ¶ 255; DRPSAMF ¶ 255. Mr. Willett told Ms. Gagnon and Ms. Daigle not to “jump ship” and that they would address the situation, and Ms. Gagnon and Ms. Daigle agreed to finish out the day so that patients who had scheduled appointments could be seen. DSMF ¶¶ 72-73; PODSMF ¶¶ 72-73. Dr. Stulc remained in the office the rest of the day, seeing patients; the parties disagree as to whether this was the last day he worked at Redington-Fairview. DSMF ¶¶ 74-75; PODSMF ¶¶ 74-75. On Monday, November 26, 2007, Redington-Fairview placed Dr. Stulc on administrative leave and prohibited him from returning to the general surgery office. DSMF ¶ 81; PODSMF ¶ 81. When it placed Dr. Stulc on administrative leave, Redington-Fairview did not inform the Maine Board of Licensure in Medicine of that fact. PSAMF ¶ 315; DRPSAMF ¶ 315. 1. Dr. Stulc’s Administrative Leave After Redington-Fairview placed Dr. Stulc on administrative leave, Mr. Kemp-ton had the Redington-Fairview Director of Information Technology remove the computer from Dr. Stulc’s office and bring it to his office. DSMF ¶ 93; PODSMF ¶ 93. During the week of November 26, 2007, Mr. Kempton viewed nude images on Dr. Stulc’s computer but no pornography. DSMF ¶ 94; PODSMF ¶94. After Ms. Daigle’s and Ms. Gagnon’s complaints and after viewing the second batch of sexual images, Mr. Kempton conducted no further investigation and concluded that Dr. Stulc’s conduct had been unprofessional. PSAMF ¶¶ 278-279; DRPSAMF ¶¶278-279. Mr. Kempton learned that to bring Dr. Stulc back to Redington-Fairview, Dr. Stulc would have to have a mentor, would have to make full disclosure to the entire medical community, and would have to maintain constant counseling. PSAMF ¶ 280; DRPSAMF'¶ 280. Although Ms. Daigle never observed the scope of the sexual images on Dr. Stale’s computer, the Redington-Fairview forensic investigation of the computer revealed numerous additional images of naked women, resulting in a discovery document that showed about four images of naked women on every page of an 847 page exhibit. PSAMF ¶ 263; DRPSAMF ¶ 263. On November 26, 2007, Ms. Daigle and Ms. Gagnon met separately with Phil Smith, Ph.D., a clinical psychologist, and told him about their - experiences with Dr. Stale. PSAMF ¶ 256; DRPSAMF ¶ 256. Dr. Smith told Ms. Daigle that no one should be subjected to such behavior and it would be his recommendation to Redington-Fairview to immediately remove Dr. Stulc from the Hospital. PSAMF ¶256; DRPSAMF ¶ 256. As of November 26, 2007, Redington-Fairview would have had the contractual right to terminate Dr. Stale’s employment contract. PSAMF ¶¶ 274, 316; DRPSAMF ¶¶ 274, 316. Instead of terminating Dr. Stulc at that point, Redington-Fairview consulted with the group within the Maine Medical Association that deals with impaired physicians. PSAMF ¶ 275; DRPSAMF ¶ 275. After consulting a psychologist and the Maine Medical Association’s Physician’s Health Program, Mr. Willett-and Mr. Kempton urged Dr. Stulc to enroll in a treatment program in Kansas City, Missouri and Dr. Stulc attended the recommended program. DSMF ¶¶ 95-97; PODSMF ¶¶ 95-97. Redington-Fairview management made it clear to Dr. Stulc that any chance of continued employment at the Hospital depended on his enrolling in such a program, but they did not guarantee his continued employment if he decided to attend. PSAMF ¶ 276; DRPSAMF ¶ 276. During this period, Redington-Fairview placed Dr. Stulc on paid leave. PSAMF ¶317; DRPSAMF ¶ 317. Although Redington-Fairview management thought there was something wrong with Dr. Stulc, they never received a formal diagnosis from him. PSAMF ¶265; DRPSAMF ¶ 265. During the time that Redington-Fairview was considering allowing Dr. Stulc to return, the Hospital took into account that he was a gifted surgeon, that it was unusual to recruit a surgeon with such gifts to a rural hospital, that it might be worth the time and expense to give him the chance to turn the situation around, but that to do so would require mentoring, disclosure, and counseling. PSAMF ¶ 281; DRPSAMF ¶281. Redington-Fairview never formally determined whether to bring Dr. Stulc back since through Ms. Daigle, it learned information about his employment at Trover Regional Medical Center (“Trover”), where Dr., Stulc had previously worked, that caused the Medical Staff to reevaluate its initial credentialing of Dr. Stulc. DSMF ¶ 106; PODSMF ¶ 106; PSAMF ¶ 283; DRPSAMF ¶ 283. During Dr. Stulc’s administrative leave, the Hospital informed Ms. Daigle that the doctor was “unavailable.” DSMF ¶ 98; PODSMF ¶ 98. After Dr. Stulc left in November, 2007 until February 2008, locum tenens surgeons worked in the general surgery office and during this time, things progressed smoothly. DSMF ¶¶ 103-04; PODSMF ¶¶ 103-04. m. Events Leading to Dr. Stulc’s Resignation On approximately January 28, 2008, Deborah Buckingham received a letter from Daniel Bates, attorney for Ms. Daigle, advising her that he had filed a charge of sexual harassment on Ms. Daigle’s behalf against the Hospital. DSMF ¶ 106; PODSMF ¶ 106. Mr. Bates enclosed documents he had received from Trover reflecting problems Dr. Stulc had experienced there. DSMF ¶ 106; PODSMF ¶ 106. Ms. Buckingham shared the Trover attachment with Mr. Willett; they were each disturbed about this new information. DSMF ¶¶ 108-09; PODSMF ¶¶ 108-09. Although Dr. Stulc had not yet resigned from the Medical Staff at Redington-Fairview, he was no longer practicing there. DSMF ¶ 113; PODSMF ¶ 113. After reviewing the Trover documents, Mr. Willett became concerned about whether Dr. Stulc had been forthright in his Redington-Fairview application for privileges. DSMF ¶ 114; PODSMF ¶ 114. Dr. Renfrew submitted a request to the President of the Redington-Fairview Medical Staff to appoint an ad hoc committee to investigate the matter, and the President of the Medical Staff appointed an ad hoc committee. DSMF ¶¶ 120-21; PODSMF ¶¶ 120-21. The ad hoc committee met a few times in March 2008, both before and after meeting Dr. Stulc, but on April 17, 2008, before the Medical Staff made a recommendation, Dr. Stulc resigned his Medical Staff membership and Hospital privileges at Redington-Fairview, an act that also terminated his Hospital employment. DSMF ¶¶ 121-22, 125; PODSMF ¶¶ 121-22, 125. On August 4, 2009, Redington-Fairview reported Dr. Stulc’s voluntary resignation to the Maine Board of Licensure in Medicine, referring specifically to the fact that he resigned while under investigation for a failure to be forthright in his application for Medical Staff membership. PSAMF ¶303; DRPSAMF ¶ 303. n. Post-November 26, 2007 Hostility Against Tanya Daigle After Redington-Fairview placed Dr. Stulc on administrative leave, Ms. Daigle was told he was on administrative leave but to tell patients only that he was “unavailable.” PSAMF ¶¶ 323-26; DRPSAMF ¶¶ 323-26. Redington-Fairview’s failure to inform Ms. Daigle that Dr. Stulc had been discharged or would not otherwise return to the Hospital caused Ms. Daigle concern because if Dr. Stulc returned, she was worried how he would react to her reporting on him and how she would react to his renewed examinations of female patients. PSAMF ¶ 327; DRPSAMF ¶ 327. During the time between November 26, 2007 and April 17, 2008, Dr. Stale’s personal items remained in his office, within the office Ms. Daigle managed, again leading her to believe that he would be returning to work in her office. PSAMF ¶ 328; DRPSAMF ¶ 328. The fact that Redington-Fairview had not discharged Dr. Stulc for his sexual misconduct and for his treatment of employees and patients and the thought that he might be coming back to work and carry out threats against Ms. Daigle and her job, caused her such anxiety that she went to her primary care physician, Dr. Lanoi, who is a Redington-Fairview employee, and he prescribed anti-anxiety medication for her and told her to see a counselor. PSAMF ¶ 329; DRPSAMF ¶ 329. Ms. Daigle began to see a counselor in December 2007 and her complaint to the counselor was that her nerves were in terrible shape because she did not know when Dr. Stulc would be returning and could not believe that Redington-Fairview had not fired him for all his misconduct. PSAMF ¶ 329; DRPSAMF ¶ 329. In November or December 2007, Redington-Fairview hired Jessica Campbell to assist the office where Ms. Daigle and Ms. Gagnon worked. PSAMF ¶ 330; DRPSAMF ¶ 330. After her five-week performance review by Mr. Leadbetter in late December 2007 or early January 2008, Ms. Campbell returned shaken and annoyed. PSAMF ¶ 330; DRPSAMF ¶ 330. She informed Ms. Daigle that Mr. Leadbetter had questioned her about both Ms. Daigle and Ms. Gagnon and specifically asked her about what they had told her about Dr. Stulc. PSAMF ¶ 330; DRPSAMF ¶ 330. Ms. Campbell responded that they had only told her that Dr. Stulc was not available. PSAMF ¶331; DRPSAMF ¶ 331. He also asked whether Ms. Daigle had ever made her feel intimidated. PSAMF ¶ 330; DRPSAMF ¶ 330. Ms. Campbell told Mr. Leadbetter that Ms. Daigle had not made her feel intimidated. PSAMF ¶ 331; DRPSAMF ¶ 331. Ms. Daigle believed that during his performance evaluation of Ms. Campbell, Mr. Leadbetter was seeking information to use against her. PSAMF ¶ 330; DRPSAMF ¶ 330. After January 2008, Ms. Daigle’s mental distress and trauma were such that, every morning at work, she checked the internet to see whether Dr. Stulc was still licensed to practice medicine in the state of Maine, concerned that he might return to the Hospital, renew his unwelcome and hostile conduct and cause her employer to act against her. PSAMF ¶ 332; DRPSAMF ¶ 332. From January 2008 until her termination on November 12, 2008, the internet indicated that Dr. Stulc retained his license to practice medicine in the state of Maine, a fact that caused Ms. Daigle continuing stress, anxiety, and fear. PSAMF ¶ 333; DRPSAMF ¶ 333. Following the incident involving Jane Doe, Ms. Daigle experienced distress, anxiety, and mental anguish from the prospect of having to place female patients in positions of vulnerability and peril. PSAMF ¶ 335; DRPSAMF ¶ 335. In June 2009, the internet confirmed that Dr. Stulc’s license to practice medicine in the state of Maine was suspended or revoked. PSAMF ¶ 365; DRPSAMF ¶ 365. o. Redington-Fairview Warns Tanya Daigle After November 26, 2007, when Redington-Fairview placed Dr. Stulc on administrative leave, Ms. Daigle and Ms. Gagnon were moving supplies to a closet and came across several boxes of paperwork and medical manuals and books. DSMF ¶ 126; PODSMF ¶ 126. There was an open box in the closet with papers strewn both inside and outside the box in plain view. PSAMF ¶337; DRPSAMF ¶337. As Ms. Daigle began organizing the material, she observed that some documents mentioned issues Dr. Stulc had with Trover. DSMF ¶¶ 127-28; PODSMF ¶¶ 127-28. Specifically, the documents revealed that while Dr. Stulc was at Trover, he had preyed upon female patients and employees, had created a sexually hostile environment for females, and engaged in sexual and discriminatory misconduct that required Trover twice to suspend his Medical Staff privileges and finally to terminate him. PSAMF ¶337; DRPSAMF ¶337. Ms. Daigle retrieved and photocopied certain documents, including the Trover Hospital documents, including assertions that Dr. Stulc had engaged in inappropriate behavior at Trover. DSMF ¶ 128; PODSMF ¶ 128. Ms. Daigle gave copies of these documents to her attorney without initially telling the Hospital administration about them. Ms. Daigle and Ms. Gagnon agreed that Ms. Daigle should seek legal counsel because they feared for their jobs if they reported this additional wrongdoing to the Redington-Fairview administration. PSAMF ¶ 338; DRPSAMF ¶338. Ms. Daigle also reviewed the Hospital’s Confidentiality Policy and concluded that it did not apply to these documents since the documents did not refer to any Redington-Fairview patients or any Redington-Fairview proprietary information. PSAMF ¶¶ 339-40; DRPSAMF ¶¶ 339-40. Her attorney also reviewed the Redington-Fairview Confidentiality Policies and concluded that providing the documents to the Maine Board of Licensure in Medicine would not violate any Redington-Fairview policies. PSAMF ¶ 341; DRPSAMF ¶ 341. Her attorney later provided the documents to Redington-Fairview, and on February 6, 2008, Ms. Daigle, through her attorney, notified Redington-Fairview that she disclosed the Stulc information to the Maine Board of Licensure in Medicine “pursuant to the immunities and protections of 42 U.S.C. § 11111(a)(2) and 24 M.R.S.A. §§ 2505 and 2511.” DSMF ¶¶ 129-30; PODSMF ¶¶ 129-30; PSAMF ¶ 368; DRPSAMF ¶ 368. In the February 6, 2008 letter, Ms. Daigle’s attorney quoted a provision in Dr. Stale’s application to the Maine Board of Licensure in Medicine that authorized the release of his information to the Board. PSAMF ¶ 369; DRPSAMF ¶ 369. In Dr. Stale’s application to the Maine Board of Licensure in Medicine, he swore out a statement that affirmed that if he furnished any false information in the application, such act shall constitute cause for denial, suspension or revocation of his license to practice medicine and surgery in the state of Maine. PSAMF ¶ 371; DRPSAMF ¶ 371. Ms. Daigle’s attorney reviewed these documents, Dr. Stale’s application for medical licensure in the state of Maine, and certain laws establishing a privilege for filing a complaint against a doctor who had obtained his state of Maine medical license by fraud or perjury. PSAMF ¶ 342; DRPSAMF ¶342. Ms. Daigle’s attorney advised her that (1) from his review of Dr. Stale’s application to practice medicine in Maine, combined with the documents showing the suspensions for sexual misconduct and anger-related misconduct against employees and patients at Trover, Dr. Stulc had lied to obtain his license to practice medicine in Maine; (2) that Dr. Stulc had waived his rights to any hospital that offered him a position or that was considering doing so; and that (3) both state and federal law protected people who reported doctors who had acted inappropriately to the Board of Licensure of Medicine. PSAMF ¶ 343; DRPSAMF ¶ 343. Ms. Buckingham and Mr. Leadbetter met with Ms. Daigle to discuss the fact she had retrieved, copied, and removed documents from the Hospital without informing management. DSMF ¶ 131; PODSMF ¶ 131. On February 18, 2008, the Hospital issued Ms. Daigle a written warning because she went through Dr. Stale’s personal belongings without authority, copied sensitive documents, and removed them from the Hospital without notifying the Hospital administration. DSMF ¶ 132; PODSMF ¶ 132. On February 20, 2008, Redington-Fairview issued the annual performance evaluation for Ms. Daigle and she received a generally favorable evaluation, except for two criteria involving confidentiality based on her handling of Dr. Stale’s documents. DSMF ¶ 137; PODSMF ¶ 137. Ms. Daigle considers Redington-Fairview’s actions in imposing discipline against her to be false and contrived. PSAMF ¶ 353; DRPSAMF ¶353. She contends that Dr. Stulc had no privacy rights to these documents and that Redington-Fairview’s discipline of her on that basis was pretextual and contrived. PSAMF ¶ 354; DRPSAMF ¶354. The Hospital acknowledges that but for Ms. Daigle’s bringing the Stulc material to Mr. Willett’s attention, he would not have known about Dr. Stale’s dishonesty. PSAMF ¶ 395; DRPSAMF ¶395. Ms. Buckingham acknowledged that if Ms. Daigle and Ms. Gagnon had not found the Stale information, she may never have known about it. PSAMF ¶ 405; DRPSAMF ¶ 405. Ms. Daigle told Hospital management that she was only trying to protect the best interest of the hospital in protecting its female patients from Dr. Stale’s sexual misconduct, but Redington-Fairview refused to remove the warning from her personnel file. PSAMF ¶ 356; DRPSAMF ¶ 356. Mr. Willett, the Hospital CEO, testified that Ms. Daigle was issued a written warning because she did not have any right to go through Dr. Stale’s personal belongings; however, he also said that he would have reported Dr. Stulc to the Maine Board of Licensure in Medicine if Ms. Daigle had made the Hospital aware of these documents before she reported it. PSAMF ¶¶ 357, 389; DRPSAMF ¶¶357, 389. Ms. Buckingham also confirmed that if Ms. Daigle had not reported Dr. Stale to the Board, the Hospital would have done so. PSAMF ¶ 400; DRPSAMF ¶400. Before the Hospital issued the written warning, Mr. Willett never interviewed Ms. Daigle about the circumstances under which she found the Trover documents. PSAMF ¶ 390; DRPSAMF ¶ 390. Ms. Buckingham admitted that anyone who discovers information should be able to provide it to the Board of Licensure in Medicine if the information shows that a doctor lied to obtain a license to practice medicine. PSAMF ¶408; DRPSAMF ¶ 408. Ms. Buckingham also acknowledged that if Ms. Daigle had turned over the Stulc information to her, it would have been appropriate for Mr. Willett to report the information to the Board of Licensure in Medicine. PSAMF ¶ 409; DRPSAMF ¶ 409. In fact, Ms. Buckingham “absolutely” agreed that it would have been appropriate for Mr. Willett to have reported the Stulc information to the Board despite the fact it was confidential. PSAMF ¶ 410; DRPSAMF ¶410. Ms. Buckingham also stated that it was apparent with the information Ms. Daigle found that Dr. Stulc had lied to obtain his license to practice medicine. PSAMF ¶429; DRPSAMF ¶ 429. Although Ms. Buckingham was thankful that the information about Dr. Stulc was brought to her attention, she never thanked Ms. Daigle for doing so. PSAMF ¶ 430; DRPSAMF ¶ 430. In finding the material about Dr. Stale’s prior misconduct and in disclosing the material to the Board of Licensure in Medicine, Ms. Daigle had not violated any written Redington-Fairview policy. PSAMF ¶¶ 391, 402; DRPSAMF ¶¶ 391, 402. The Redington-Fairview confidentiality policies pertain to patient confidentiality and the confidentiality of hospital records and information. PSAMF ¶ 399; DRPSAMF ¶ 399. Because the materials had to do with Dr. Stale’s tenure at Trover before he became a Redington-Fairview employee, Ms. Daigle’s taking and photocopying these records did not violate the part of the Redington-Fairview confidentiality policy dealing with Hospital records. PSAMF ¶ 401; DRPSAMF ¶401. This written warning was listed as a reason for Ms. Daigle’s later termination. PSAMF ¶ 355; DRPSAMF ¶ 355. On February 20, 2008, after the February 18, 2008 written warning, Ms. Buckingham crossed out the word “orthopedic” and substituted the word “general” to the warning report. PSAMF ¶ 465; DRPSAMF ¶ 465. p. Tanya Daigle Files a Complaint with the Board of Registration of Medicine and the Maine Attorney General On January 25, 2008, based on information in Dr. Stale’s Trover file that she copied at Redington-Fairview, Ms. Daigle filed a complaint against Dr. Stulc with the Maine Board of Licensure in Medicine. DSMF ¶¶ 138-39; PODSMF ¶¶ 138-39. In the complaint, Ms. Daigle alleged that Dr. Stulc had lied in order to obtain his state of Maine medical license. PSAMF ¶¶ 344, 449; DRPSAMF ¶¶ 344, 449. Ms. Daigle filed the complaint to protect Redington-Fairview’s female patients and other female patients in the state of Maine. PSAMF ¶ 345; DRPSAMF ¶ 345. Before she filed the complaint, Ms. Daigle’s attorney had advised her that in reporting Dr. Stale’s misconduct and perjury to the Maine Board of Licensure in Medicine, she was protected by both state and federal law and through her counsel, she informed Redington-Fairview of these protections. PSAMF ¶ 346; DRPSAMF ¶ 346. Before she filed the complaint, Ms. Daigle did not inform the Hospital that she was planning to file it or that she had obtained information about Dr. Stale’s employment problems at Trover. DSMF ¶ 140; PODSMF ¶ 140. One of the reasons she did not give the Hospital prior knowledge of the complaint is that she was concerned that the Hospital would not pursue the issue with the Maine Board of Licensure in Medicine. PSAMF ¶ 359; DRPSAMF ¶ 359. However, Ms. Daigle’s attorney sent Ms. Buckingham a copy of the complaint. PSAMF ¶347; DRPSAMF ¶ 347. She also provided the Trover documents to the state of Maine Attorney General for possible prosecution of Dr. Stale. PSAMF ¶ 349; DRPSAMF ¶ 349. When she first met with Dennis Smith, the Assistant Attorney General who prosecuted the complaint against Dr. Stale before the Maine Board of Licensure in Medicine, Ms. Daigle informed him about Ms. Keaney’s report of what Ms. Daigle considered to be sexual misconduct in the OR that led to the PERTS report. PSAMF ¶ 350; DRPSAMF ¶ 350. Immediately upon receipt of the Trover documents, the Maine Attorney General’s Office prosecuted the revocation of Dr. Stale’s license before the Maine Board of Licensure in Medicine. PSAMF ¶ 352; DRPSAMF ¶ 352. On May 12, 2009, Dennis Smith, Esq., an Assistant Maine Attorney General (AAG), presented the case against Dr. Stulc before the Maine Board of Licensure in Medicine. PSAMF ¶¶ 350, 352, 378; DRPSAMF ¶¶ 350, 352, 378. The State alleged that Dr. Stulc had engaged in fraud and deceit in obtaining a permanent license to practice medicine in the state of Maine and in obtaining an emergency license to practice medicine in Maine, that he had engaged in unprofessional conduct and incompetence, had committed violations of the American Medical Association’s Principles of Medical Ethics and sexual impropriety, and had made sexually suggestive and sexually demeaning comments to patients. PSAMF ¶ 379; DRPSAMF ¶ 379. The primary components of the State’s case against Dr. Stulc were the records Ms. Daigle and Ms. Gag-non found, evidencing numerous suspensions of Dr. Stale’s staff privileges when he was at Trover, Ms. Daigle’s, Ms. Gagnon’s and Ms. Keaney’s testimony about his sexual misconduct at Redington-Fairview, and his lies to the Maine Board of Licensure in Medicine that his license had never been suspended. PSAMF ¶ 380; DRPSAMF ¶ 380. On May 12, 2009, Ms. Daigle testified at length before the Board of Licensure in Medicine concerning her view that Dr. Stulc had created a hostile work environment for women at Redington-Fairview by his numerous sexual improprieties. PSAMF ¶ 381; DRPSAMF ¶ 381. Also on May 12, 2009, Ms. Keaney testified about Dr. Stale’s ungloved examination of the female patient in the OR. PSAMF ¶ 382; DRPSAMF ¶382. On June 9, 2009, the Maine Board of Licensure in Medicine unanimously ordered that Dr. Stale’s license be immediately revoked on the basis of fraud, deceit, and his improper conduct toward Ms. Daigle, Ms. Gagnon, and Jane Doe as well as other employees and patients. PSAMF ¶¶ 384, 387; DRPSAMF ¶¶384, 387. In its Order, the Board cited 10 M.R.S. section 8008 and found “it abundantly clear that Dr. Stulc was neither honest in his practice of medicine nor trustworthy.” PSAMF ¶¶ 385-86; DRPSAMF ¶¶ 385-86. Redington-Fairview had no dispute with the Board’s revocation of Dr. Stale’s license to practice medicine in Maine. PSAMF ¶ 406; DRPSAMF ¶406. The Board’s revocation of Dr. Stale’s medical license helped protect patients at the Hospital. PSAMF ¶ 407; DRPSAMF ¶ 407. q. Tanya Daigle Warns Redington-Fairview On or about January 25, 2008, Ms. Daigle’s attorney wrote to Deborah Buckingham, informing her, among other things, that (1) Dr. Stulc had confronted Ms. Daigle angrily after she had complained about his sexual improprieties, by saying “I will not be second guessed!,” a threat that Ms. Daigle took as a retaliatory threat against her job; (2) Ms. Daigle feared for her job, and accordingly sought counseling for the stress and mental distress caused by the conduct and presence of Dr. Stulc and the prospect of his return; (3) in reviewing the application of Dr. Stulc with the state of Maine Board of Licensure in Medicine, she had filed a complaint against Dr. Stale’s Maine license to practice medicine; (4) her counselor was extremely concerned over her safety should Dr. Stulc return to the employ of the Hospital, given the records disclosed regarding Dr. Stale’s past, along with the fact she had reported him to the Maine Board of Licensure in Medicine. PSAMF ¶ 366; DRPSAMF ¶ 366. On January 31, 2008, Ms. Daigle’s attorney sent Redington-Fairview’s lawyer a letter stating that (1) Ms. Daigle and Ms. Gagnon felt compelled to file with the Maine Human Rights Commission for their job protection as well as for the protection of patients at the Hospital, (2) their disclosure of Dr. Stale’s issues before his employment at the Hospital do not violate the “Confidentiality and Computer Use Statement” Ms. Daigle signed, (3) Ms. Daigle’s report and complaint to the Maine Board of Licensure in Medicine of Dr. Stale’s pre-employment documents were handed to the Attorney General’s Office and to the Board of Licensure in Medicine for the protection of the patients and employees of the Hospital, (4) the statutes make it clear that both the Hospital and its employees (such as Ms. Daigle and Ms. Gagnon) were absolutely immune from liability by Ms. Daigle’s handing over to the Board of Licensure in Medicine the documents she found, and (5) Ms. Daigle would regard any adverse employment consequence against her or Ms. Gagnon to be pretextual. PSAMF ¶ 367; DRPSAMF ¶ 367. Ms. Daigle’s attorney followed up the January 31, 2008 letter with a February 14, 2008 letter to Redington-Fairview. PSAMF ¶ 372; DRPSAMF ¶ 372. In the second letter, Ms. Daigle’s attorney provided Ms. Daigle’s detailed written version of her inquiry to Mr. Willett in which she said she was only trying to understand what the coverage situation would be while Dr. Stulc was “unavailable.” PSAMF ¶ 372; DRPSAMF ¶ 372. The letter also informed Redington-Fairview of Ms. Daigle’s reaction to the February 18, 2008 written wai-ning for “breaching confidentiality.” PSAMF ¶ 373; DRPSAMF ¶ 373. Ms. Daigle’s attorney pointed out that Ms. Daigle had told Ms. Buckingham and Mr. Leadbetter that her purpose in bringing this information to the Board of Licensure in Medicine and then to Redington-Fairview was in the Hospital’s best interest and allowed the Hospital to make informed decisions about Dr. Stulc based on information the Hospital would not otherwise have known. PSAMF ¶ 373; DRPSAMF ¶ 373. The attorney further informed the Hospital that the information helped it protect its employees and patients. PSAMF ¶ 373; DRPSAMF ¶ 373. r. Redington-Fairview Does Not Hire Tanya Daigle As Office Manager While Ms. Daigle worked in the general surgery office at Redington-Fairview, she performed some tasks typically performed by office managers; however, she was never formally appointed to the position, never received a change of pay for performing some office manager functions, and there is nothing in her personnel file that states she was employed or evaluated as the office manager of the general surgery office. DSMF ¶¶ 141-44, 146; PODSMF ¶¶ 141-44, 146. Ms. Daigle’s job title was never changed to office manager and she did no billing while she was employed at Redington-Fairview. DSMF ¶¶ 147-48; PODSMF ¶¶ 147-48. At the same time, even though not formally employed as office manager, Ms. Daigle was acting office manager in the remote office where she and Ms. Gagnon worked. PSAMF ¶413; DRPSAMF ¶413. When Dr. Stulc began working at the Hospital, Mr. Leadbetter introduced Ms. Daigle to him as the office manager. PSAMF ¶¶ 415, 431; DRPSAMF ¶¶415, 431. When Dr. Stulc wrote to and testi-, fied before the Board of Licensure in Medicine, he identified Ms. Daigle as the office manager. PSAMF ¶¶ 416-17, 432-33; DRPSAMF ¶¶ 416-17, 432-33. When Mr. Leadbetter introduced Ms. Daigle to Ms. Gagnon, he introduced her as office manager, and at the adjudicatory hearing before the Board, Ms. Gagnon testified that Ms. Daigle was the office manager during the time that Dr. Stulc was at Redington-Fairview. PSAMF ¶¶ 418-19, 434-35; DRPSAMF ¶¶ 418-19, 434-35. As part of her managerial duties, Ms. Daigle attended management meetings at the Hospital, signed off on time cards for Dr. Stulc and Ms. Gagnon, approved requests for time off from office employees, identified herself in emails as office manager, and participated in Ms. Gagnon’s five-week employee evaluation. PSAMF ¶¶ 420-424, 436-440; DRPSAMF ¶¶ 420-424; 436-440. Ms. Buckingham admitted that between September 2007 when the Hospital hired Dr. Stulc and April 2008, when it hired May Lisa Rice as office manager, Ms. Daigle performed some of the office managerial duties, such that she was “acting manager” of the office. PSAMF ¶¶ 425, 428; DRPSAMF ¶¶ 425, 428. When Redington-Fairview expanded the general surgery practice to two physicians, Linda Caron, the Practice Manager, posted an office manager position for the general surgery office. DSMF ¶ 149; PODSMF ¶ 149. Before it posted the position, the Hospital did not inform Ms. Daigle that it was posting the office manager position and Ms. Daigle learned about the positing when a co-employee emailed her about the posting and asked whether she was leaving. PSAMF ¶¶ 426-5, 427, 441; DRPSAMF ¶¶ 426-27, 441. After the posting, Ms. Daigle was told that she could apply for the office manager position and, along with two other candidates, she was interviewed for the position. DSMF ¶¶ 150-52;■PODSMF ¶¶ 150-52. Redington-Fairview did not hire Ms. Daigle for the office manager