Felix v. New York City Transit Authority
| Decision Date | 16 July 2001 |
| Docket Number | No. 98 CIV. 5687(SAS).,98 CIV. 5687(SAS). |
| Citation | 154 F.Supp.2d 640 |
| Parties | Naomi FELIX and Irene Cooper as Administrators of the Estate of Denise Felix, Plaintiffs, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant. |
| Court | U.S. District Court — Southern District of New York |
Laura Sager, Esq., Washington Square Legal Services, Inc., New York City, for Plaintiffs.
Richard Schoolman, Esq., Paulette Thompson, Esq., Office of the General Counsel, New York City Transit Authority, Brooklyn, NY, for Defendant.
Denise Felix filed a pro se Complaint dated August 11, 1998, alleging that her former employer, the New York City Transit Authority ("NYCTA"), discriminated against her in violation of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. In particular, Felix alleged that the NYCTA unlawfully terminated her employment and failed to reasonably accommodate her disability. On July 15, 1999, the Civil Rights Clinic of Washington Square Legal Services, Inc. appeared on her behalf.
On July 28, 2000, the NYCTA moved for summary judgment pursuant to Federal Rule of Civil Procedure 56(c). However, because Denise Felix died on July 27, 2000, the motion was withdrawn and the case was placed on suspense. Letters of administration were issued appointing Naomi Felix and Irene Cooper administrators of the estate of Denise Felix. A Suggestion of Death was filed by Irene Cooper, Felix's mother, on March 16, 2001. On April 9, 2001, the case was restored to the active docket and the caption was changed to reflect the administrators as plaintiffs. The NYCTA re-filed its motion for summary judgment on May 1, 2001 seeking to dismiss the Complaint in its entirety. For reasons that follow, the NYCTA's motion is granted.
Felix was hired by the NYCTA in 1994 as a Railroad Clerk in its Department of Stations ("Stations Department"). See 7/28/00 Declaration of Paulette Thompson ("Thompson Decl."), defendant's attorney, ¶ 2. Railroad Clerks work in token booths, located in the subways, where they sell tokens, commuter passes and fare cards as well as provide information to passengers. See id. ¶ 9. In 1996, the Stations Department employed approximately 3,417 Railroad Clerks. Although Railroad Clerks work primarily in underground subway booths, approximately 50 Railroad Clerks work in above-ground offices of the Stations Department. See id. Felix worked as an "extra" Railroad Clerk, relieving other Railroad Clerks who were away from their positions. See id. ¶ 3.
On November 26, 1995, while Felix was in a subway on her way to relieve a Railroad Clerk at the Kingston and Throop subway station, she was informed of a firebombing incident at that station. See id. The token booth on the southbound platform had been firebombed and the Railroad Clerk inside the booth was killed. See id. Upon seeing the smoke-filled platform and learning what happened, Felix became so distraught that she had to be taken to the emergency room at Kings County Hospital. She was released the same day. The following day, Felix was directed to report to the NYCTA's Medical Assessment Center ("MAC") so that she could be evaluated by NYCTA physicians. See id.
Felix first visited the MAC on November 27, 1995. See id. ¶ 4. At that time it was determined that Felix was medically unable to work at all and she was given a "No Work" status. This status changed after Felix's second visit to the MAC on November 30, 1995, at which time she was given a temporary status of "Restricted Work." See id. If a MAC physician designates an employee as "restricted work" status, she is required to fill out a Restricted Work Assessment form indicating the nature of the restriction. See Deposition of Dr. Florence Mitchell ("Mitchell Dep."), Ex. 5 to Plaintiffs' Appendix to Statement Pursuant to Rule 56.1 ("Pl.App."), at 15. The notation on the November 30, 1995 Restricted Work Assessment form indicated that Felix was not to work alone in a booth and was not to work at the Kingston and Throop token booth. See 11/30/95 Restricted Work Assessment, Ex. O to Thompson Decl., at 2b. Given these restrictions and the work it had available for Railroad Clerks, the Stations Department gave Felix a "No Work Available" status. See Thompson Decl. ¶ 4.
From December 7, 1995 through June 28, 1996, Felix visited the MAC nine times. See id. Medically, Felix remained on "Restricted Work, temporary" status with the repeated notation that Felix could do no subway work but could do clerical work if available. See, e.g., 1/11/96 and 6/28/96 Restricted Work Assessments, Ex. O to Thompson Decl., at 5a, 12a. Felix was given "No Work Available" status by the Stations Department which claimed there was no restricted work available for Railroad Clerks that was not located in the subway. See Thompson Decl. ¶ 4. Felix remained medically on "Restricted Work, temporary" status and departmentally on "No Work Available" status for approximately nine months. See id.
Then, on August 15, 1996, Felix returned to the MAC and was given "No Work, temporary" status by Dr. Mitchell who previously assessed Felix on December 29, 1995 and January 11, 1996. See 12/29/95 and 1/11/96 Progress Reports, Ex. O to Thompson Decl, at 4, 5. A medical "No Work" status means that the NYCTA cannot assign that particular employee any work within the transit system. See Thompson Decl. ¶ 4. In her August 15, 1996 Progress Report, Dr. Mitchell stated: "I do not believe Ms. Felix can perform any work at present." See 8/16/96 Progress Report, Ex. O to Thompson Decl., at 13. Dr. Mitchell reached the same conclusion on October 18, 1996 (not ready to return to work) and November 22, 1996 ("probably still unable to perform any useful work at present"). See 10/18/96 and 11/22/96 Progress Reports, Ex. O to Thompson Decl., at 14, 15. Dr. Mitchell observed that Felix was unable to perform the activities of daily life because of depression and psychomotor retardation. See Mitchell Dep. at 58.
During this period, the five NYCTA physicians who examined Felix prepared Progress Reports detailing their assessment of her condition after each visit. In the subjective section of these reports, the physicians noted Felix's sleep disturbance. For example, the December 7, 1995 Report indicates that Felix had a disturbance of sleep and eating. See 12/27/95 Progress Report, Ex. O to Thompson Decl., at 3. Reports from January 11, 1996 through April 6, 1996 consistently note that Felix had nightmares and could not sleep. See 1/11/96, 2/2/96, 3/1/96, 3/29/96 and 4/26/96 Progress Reports, Ex. O to Thompson Decl., at 5, 6, 7, 8, and 9. Earlier reports do not specifically mention nightmares but do note Felix's sleep disturbances. See 11/27/95, 11/30/95 and 12/7/95 Progress Reports, Ex. O to Thompson Decl., at 1, 2 and 3. Apparently, Felix's sleep problem progressively worsened as evidenced from later reports. The May 10, 1996 Report indicates that Felix still had insomnia and "can't sleep at all since beginning Diazepam." See 5/10/96 Progress Report, Ex. O to Thompson Decl., at 10. Furthermore, the May 31, 1996 Report indicates that Felix was getting four hours of sleep per night. See 5/31/96 Progress Report, Ex. O to Thompson Decl., at 11. Finally, the subjective portion of the June 28, 1996 Report states that Felix hadn't slept for two weeks while the objective portion of that report indicates that Felix was only sleeping one to two hours per night. See 6/28/96 Progress Report, Ex. O to Thompson Decl., at 12.
On December 5, 1995, Felix began seeing a psychiatrist, Dr. Kenneth Schwartz. See 12/5/95 Neuropsychiatric Narrative Report, Ex. C to 7/27/00 Declaration of Richard Schoolman, defendant's attorney ("Schoolman Decl."), at 1. Dr. Schwartz diagnosed Felix as having an adjustment disorder with major depression which was causally related to the firebombing incident. See id. at 2. Dr. Schwartz further opined that Felix "has a total disability" and "cannot work or function socially." See id. at 3.
Dr. Schwartz's initial diagnosis of complete incapacitation changed shortly thereafter. During the period from March 27, 1996 through November 19, 1996, Dr. Schwartz diagnosed Felix as having an adjustment disorder. See Information Relating to Employee Illness or Accident Forms, Ex. 27 to Pl.App., passim. The date Felix became unable to work was consistently marked "11/26/95" but the only limitation on Felix's ability to do light work was always "no subway work." See id. Dr. Schwartz repeatedly noted that Felix could not perform full work but that she could do light work outside the subway. See id.
Felix was terminated on November 26, 1996, pursuant to Civil Service Law § 71, which authorizes the NYCTA to terminate a civil service employee who, for medical reasons, is unable to return to work after a year's absence. See Thompson Decl. ¶ 5. Felix was informed of the possibility of termination in letters dated February 21 and September 26, 1996. See 2/21/96 and 9/26/96 Letters to Denise Felix from Charles E. Glasgow, Director of Human Resources, Ex. P to Thompson Decl. In the February letter, the NYCTA stated that it was considering Felix's case for "restricted duty assignment, reclassification, retirement or termination." Id. The September letter stated that Felix had been unable to perform the full duties of her position for a period of ten months. See id. In the same letter, the NYCTA then informed Felix of its intention to terminate her employment effective November 26, 1996. See id. Neither letter provided any information about the right to challenge a medical "No Work" determination.1 See Plaintiffs' Statement Pursuant to Fed.R.Civ.P. 56.1 ("Pl.56.1") ¶ 6 at 18.2 Felix was terminated by a letter dated November 26, 1996 for having...
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