Nowak v. St. Rita High School

• Decision Date: 24 April 1998
• Docket Number: No. 97-2097,97-2097
• Citation: 142 F.3d 999
• Parties: 126 Ed. Law Rep. 109, 8 A.D. Cases 106, 12 NDLR P 252 Ronald NOWAK, Plaintiff-Appellant, v. ST. RITA HIGH SCHOOL, Defendant-Appellee.
• Court: U.S. Court of Appeals — Seventh Circuit

Page 999

142 F.3d 999

126 Ed. Law Rep. 109, 8 A.D. Cases 106,

12 NDLR P 252

Ronald NOWAK, Plaintiff-Appellant, v. ST. RITA HIGH SCHOOL, Defendant-Appellee.

No. 97-2097.

United States Court of Appeals,

Seventh Circuit.

Argued Dec. 3, 1997.

Decided April 24, 1998.

Mark L. LeFevour (argued), Callahan, Fitzpatrick, Lakoma & McGlynn, Oak Brook, IL, for Plaintiff-Appellant.

Alan L. Fulkerson (argued), Riordan, Larson, Bruckert & McCambridge, Chicago, IL, for Defendant-Appellee.

Before WOOD, Jr., RIPPLE and DIANE P. WOOD, Circuit Judges.

HARLINGTON WOOD, Jr., Circuit Judge.

Ronald Nowak ("Nowak") was a teacher at St. Rita High School ("St. Rita") in Chicago, Illinois. On October 7, 1994, Nowak was terminated. In a two-count complaint, Nowak brought suit against St. Rita, alleging violation of the Americans with Disabilities Act ("ADA") and breach of contract. Finding Nowak failed to produce sufficient evidence to create a genuine issue of material fact regarding his status as a "qualified individual" under the ADA, the district court granted St. Rita's motion for summary judgment. ¹ Nowak appeals and we affirm.

I. Background

We construe the facts in a light most favorable to Nowak. At the time of his termination, Nowak was a fifty-nine year old resident of Oak Forest, Illinois. St. Rita is a parochial high school located in the south side of Chicago, Illinois. Nowak began teaching full time at St. Rita in 1965. In addition to his full time teaching duties, Nowak was required to attend faculty meetings, orientation meetings, department meetings, parent-teacher meetings, inservice days, graduation activities and one of the two annual open houses. Beginning in December 1990, Nowak experienced several severe health problems.

Nowak was absent from St. Rita between December 29, 1990, and approximately April 1, 1991, because he was hospitalized for quadruple by-pass open heart surgery and a subsequent infection. Nowak also missed the final eight days of the academic year, May 1991, because of an infection in his right leg. As a result of these three hospitalizations, Nowak missed sixty-five and one-half regular school days and three examination days at the end of the school year.

On September 9, 1992, five days after the start of the 1992-93 academic year, Nowak was taken to the hospital after he experienced back problems standing erect. He was transferred to another hospital on September 10, 1992, and, thereafter, underwent surgery to stabilize his spine. On September 29, 1992, Nowak was transferred to a rehabilitation center until his discharge on December 3, 1992.

During Nowak's absence, St. Rita provided a substitute teacher, maintained Nowak's medical insurance, and continued to pay him a partial salary. The partial salary was the difference between Nowak's salary and the salary paid to the substitute teacher. St. Rita paid Nowak a partial teacher's salary for 1992 in the amount of $26,983.61.

In March 1993, Nowak attempted to return to work at St. Rita. Nowak and his therapists met with Joseph Bamberger ("Bamberger"), assistant principal at St. Rita, to discuss accommodations for Nowak's return to the classroom. As a result of that meeting, St. Rita made the following accommodations: (1) Nowak was assigned a classroom in close proximity to the faculty lounge and rest rooms; (2) Nowak was assigned a room with elevated seating so he could observe and better control his class while he remained seated; (3) Nowak was assigned a parking space in close proximity to his classroom; and (4) Nowak was allowed to teach half days and St. Rita agreed to provide a substitute for the classes he did not teach. Between March 15 and March 18, 1993, Nowak returned to St. Rita on four occasions for one-half day of teaching each day.

On March 24, 1993, Nowak was readmitted to the hospital where he remained until June 21, 1993. During this hospital stay, Nowak underwent operations on both of his hands and had an above-the-knee amputation of his left leg. While hospitalized, Nowak applied to the Social Security Administration ("SSA") for social security disability benefits and completed a disability report form in which he certified that he was unable to perform the duties of his job. On June 21, 1993, Nowak was transferred to another treatment facility for additional physical therapy. On July 28, 1993, Nowak was moved to a nursing home until his discharge to his home on October 1, 1993, where he received an additional five months of in-home therapy.

The SSA notified Nowak that, beginning in March,1993, he was entitled to a monthly benefit of $1,022.30 ("SSI Benefits") for his disability. In November 1993, Nowak received a check for $8,176.00 for SSI Benefits accruing between March and November, 1993. Since that time, Nowak has continued to receive SSI Benefits each month. While receiving these total disability benefits, Nowak neither informed any St. Rita administrator that he intended to return to the classroom nor requested a leave of absence.

Because of his extended illness and continual absence from the classroom, St. Rita administrators decided to terminate Nowak's faculty status. On October 7, 1994, Father Michael O'Connor ("Fr. O'Connor"), president of St. Rita at that time, sent a letter to Nowak informing him that he was being terminated. Also on October 7, 1994, at Fr. O'Connor's request, Bamberger called Nowak to notify him of his termination. Although he now contends that he would have been able to return to the classroom in January, 1995, if St. Rita had installed an access ramp, Nowak neither contacted nor requested any accommodations from St. Rita administrators between September, 1993, and October, 1994.

Following his termination, Nowak filed a timely charge of employment discrimination with the Equal Employment Opportunity Commission ("EEOC"). The EEOC issued Nowak a right-to-sue letter on June 26, 1995. Nowak filed this suit on August 9, 1995. In his original complaint, Nowak sought damages from St. Rita and Fr. O'Connor for ADA violations and breach of contract. After receiving permission to amend his complaint, Nowak dropped Fr. O'Connor as a defendant. Finding that Nowak was not a "qualified individual with a disability" at the time of his termination, the district court granted summary judgment in favor of St. Rita as to the ADA claim and dismissed the breach of contract claim for lack of jurisdiction. Subsequently, Nowak filed this timely appeal.

II. Discussion

The sole issue raised in this appeal is whether genuine issues of material fact preclude the district court from determining Nowak's status as a "qualified individual with a disability" under the ADA as a matter of law. Nowak claims that the district court disregarded evidentiary materials he submitted which tend to show he was a "qualified individual" at the time of his termination. St. Rita, on the other hand, argues that Nowak failed to provide sufficient evidence that he was a "qualified individual" and, in the alternative, that Nowak is judicially estopped from claiming he was a "qualified individual" because he filed a claim for, and actually received, total disability benefits with the SSA.

A. Standard of Review

We review the district court's grant of summary judgment de novo. Venters v. City of Delphi, 123 F.3d 956, 962 (7th Cir.1997). Summary judgment "shall be rendered" when the record, viewed in a light most favorable to the non-moving party, reveals that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. See Fed R. Civ. P. 56(c); see also Vector-Springfield Properties, Ltd. v. Central Ill. Light Co., Inc., 108 F.3d 806, 809 (7th Cir.1997) (citing and paraphrasing Fed.R.Civ.P. 56(c)). In order for a party "to avoid summary judgment that party must supply evidence sufficient to allow a jury to render a verdict in his favor." Williams v. Ramos, 71 F.3d 1246, 1248 (7th Cir.1995). Presenting only a scintilla of evidence is not sufficient to oppose a motion for summary judgment. Walker v. Shansky, 28 F.3d 666, 671 (7th Cir.1994). Moreover, more than mere conclusory allegations are required to defeat a motion for summary judgment. Fed.R.Civ.P. 56(e); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). Mills v. First Fed. Sav. & Loan Ass'n of Belvidere, 83 F.3d 833, 840 (7th Cir.1996). Summary judgment must be granted "against a party who fails to make a showing sufficient to establish the existence of an element to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986).

B. "Qualified Individual"

The ADA states that "[n]o covered entity shall discriminate against a qualified individual with a disability because of the disability." 42 U.S.C. § 12112. Thus, the ADA's proscription against employment discrimination protects only the class of persons who are "qualified individuals with a disability." As a part of Nowak's prima facie case, he must establish his membership in that class. See Weigel v. Target Stores, 122 F.3d 461, 465 (7th Cir.1997) ("[T]he elements of a plaintiff's prima facie showing must also include a showing that the plaintiff is a member of the protected class."). Neither party argues that St. Rita is not a "covered entity" nor do they dispute that Nowak has a disability. However, the parties disagree about whether Nowak presented sufficient evidence that he was a "qualified individual with a disability" to preclude summary judgment.

The ADA defines "qualified individual with a disability" as "an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires." 42 U.S.C. § 12111(8); Weigel, 122 F.3d at 465. The regulations present two prongs to the definition of "qualified...