Ainsworth v. Loudon Cnty. Sch. Bd.
| Decision Date | 16 March 2012 |
| Docket Number | No. 1:11cv1228 (JCC/JFA).,1:11cv1228 (JCC/JFA). |
| Citation | 851 F.Supp.2d 963,18 Wage & Hour Cas.2d (BNA) 1583,283 Ed. Law Rep. 114,26 A.D. Cases 189 |
| Court | U.S. District Court — Eastern District of Virginia |
| Parties | Kristin AINSWORTH, Plaintiff, v. LOUDON COUNTY SCHOOL BOARD, et al., Defendants. |
OPINION TEXT STARTS HERE
Elaine Charlson Bredehoft, Brittany Jill Sakata, Charlson Bredehoft Cohen Brown & Sakata PC, Reston, VA, for Plaintiff.
Julia Bougie Judkins, Jennifer Elise White, Bancroft McGavin Horvath & Judkins PC, Fairfax, VA, for Defendants.
This matter is before the Court on Motions to Dismiss [Dkts. 11, 13] filed by Defendant Loudon County School Board (“LCSB”) and Defendants Paul Webb, Jill Broaddus, Mary Kearney, Delores Creech, and Brian Peppiat (the “Individual Defendants”) (collectively “Defendants”).1 For the following reasons, the Court will grant in part and deny in part LCSB's Motion and grant in part and deny in part the Individual Defendants' Motion.
This case arises out of an employment dispute that implicates the Family and Medical Leave Act (“FMLA”), 29 U.S.C. § 2601, et seq., and the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101, et seq.
Plaintiff Kristin Ainsworth was employed by LCSB from 2001 until June 21, 2010, during which time she worked as a Teacher's Assistant and Behavioral Assistant at various schools. (Am. Compl. [Dkt. 3] ¶¶ 4, 27.) While working as a Teacher's Assistant at Seneca Ridge Middle School from 2002 to 2004, Ainsworth began to experience severe headaches, which occasionally required her to take leave from work. (Am. Compl. ¶ 29.) In 2004, Ainsworth transferred to Algonkian Elementary School, where she worked as a Teacher's Assistant until 2007. (Am. Compl. ¶ 30.) Ainsworth continued to experience severe headaches during this time, and occasionally took leave without pay as a result. ( Id.) In 2008, Ainsworth accepted a Behavioral Assistant position at Rosa Lee Carter Elementary School, a promotion with a pay increase from $17 per hour to $25 per hour. (Am. Compl. ¶ 31.) Ainsworth received positive performance evaluations up to this time. (Am. Compl. ¶¶ 28–30.) The severe headaches persisted, and began to increase in intensity and frequency. (Am. Compl. ¶ 31.)
Ainsworth was approved for FMLA leave from March to June 2008 due to the increasing severity of the headaches. (Am. Compl. ¶ 32.) On May 13, 2008, Ainsworth was diagnosed with a brain tumor. (Am. Compl. ¶ 35.) Ainsworth received a performance evaluation in June 2008 which noted that she had taken medical leave, but nonetheless concluded that her performance was positive. (Am. Compl. ¶ 36.) She was reassigned to Rosa Lee Carter Elementary School as a Behavioral Assistant for the 2008–09 school year. ( Id.)
In July 2008, Ainsworth underwent surgery to remove her brain tumor. (Am. Compl. ¶ 37.) She subsequently experienced post-operative complications and underwent emergency surgery in August 2008. ( Id.) Ainsworth was approved for FMLA leave from August 27, 2008 to December 1, 2008. (Am. Compl. ¶ 38.) Ainsworth was granted permission to remain on a leave of absence from December 2, 2008 to January 27, 2009. (Am. Compl. ¶ 39.)
Ainsworth was medically cleared to return to work part-time on January 5, 2009. (Am. Compl. ¶ 40.) Ainsworth discussed the status of her classroom position with Mary Kearney, Director of Special Education, and Delores Creech, an LCSB Personnel Specialist. (Am. Compl. ¶ 41.) Kearney and Creech assured Ainsworth that her position had not been filled, and that a long-term substitute teacher would hold the position until Ainsworth was medically cleared to work full-time. ( Id.) In the meantime, Ainsworth was placed as an assistant to Kearney and performed secretarial work. (Am. Compl. ¶ 42.)
On March 25, 2009, Ainsworth was medically released to work in the classroom with only a restriction on the duration of her work. (Am. Compl. ¶ 43.) Ainsworth's doctor recommended that she initially work one day per week and gradually increase her workload. ( Id.) The goal was for Ainsworth to reach full-time status after four months. ( Id.)
Ainsworth asked Kearney and Creech if she could return to the classroom position at Rosa Lee Carter Elementary School. (Am. Compl. ¶ 44.) Both told her that she could not return to the classroom position during the middle of the school year because the children were already in a comfortable routine with the long-term substitute. ( Id.) Ainsworth continued to work as an assistant to Kearney and performed secretarial work for the remainder of the academic year. (Am. Compl. ¶ 44.)
During the spring and summer of 2009, Ainsworth asked Kearney and Creech on several occasions whether she would be returning to a classroom position for the 2009–10 school year. (Am. Compl. ¶ 45.) Each time Ainsworth asked, Kearney and Creech assured her that she would return to the classroom position. ( Id.)
In June 2009, Ainsworth spoke with Creech and again asked about returning to the classroom position. (Am. Compl. ¶ 46.) This time, Creech told Ainsworth that her classroom position had been filled, and that she would need to find another position for the next academic year. ( Id.) Ainsworth was also informed that her salary would decrease from $25 per hour to $17 per hour. (Am. Compl. ¶ 47.) When Ainsworth protested the salary decrease and told Creech that they “can't do this to [her],” Creech replied, “Well honey, we can, and we did.” ( Id.)
Once Ainsworth was advised that her position had been filled, she began searching for an alternative position for the next school year. (Am. Compl. ¶ 48.) Ainsworth was in regular contact with Creech and Kearny in trying to locate another position. (Am. Compl. ¶¶ 48–49.)
Over the summer, Creech informed Ainsworth that she was being placed at Cool Spring Elementary School as a Teacher's Assistant. (Am. Compl. ¶ 50.) Ainsworth told Creech and Kearney that she preferred to work with autistic children in a self-contained class, and not with emotionally disturbed children. (Am. Compl. ¶¶ 49–51.) Kearney informed Ainsworth that she is the person responsible for determining assignments. (Am. Compl. ¶ 51.)
Ainsworth was medically released to return to work full-time beginning August 21, 2009. (Am. Compl. ¶ 52.) In the summer of 2009, Ainsworth received a letter and contract stating that she would be working as a Teacher's Assistant (Special Education) in an integrated class. (Am. Compl. ¶ 53.) Based on her conversations with Creech, Ainsworth had believed she would be working with autistic children in a self-contained class. ( Id.)
In the summer of 2009, Jill Broaddus, Principal at Cool Spring Elementary School, contacted Ainsworth by telephone and asked Ainsworth what type of children she wanted to work with. (Am. Compl. ¶ 54.) Ainsworth reiterated her desire to work with autistic children in a self-contained class, and not with emotionally disturbed children. ( Id.) During this conversation, Broaddus stated to Ainsworth, “Well, we get a lot of people like you.” (Am. Compl. ¶ 55.) When Ainsworth asked her to explain, Broaddus replied, “Oh, you know, people with issues.” ( Id.) Ainsworth interpreted Broaddus's statement as referring to “problem” employees, or people who miss a lot of work. ( Id.) Ainsworth was surprised by this comment, given the positive performance evaluations she had received during her employment at LCSB. ( Id.) Broaddus ended the conversation by telling Ainsworth that she would take her preferences into consideration. (Am. Compl. ¶ 56.)
On the first day of the school year, Ainsworth learned that she would be working with emotionally disturbed children, despite her request to the contrary. (Am. Compl. ¶ 57.) Other teachers and teacher's assistants received the assignments they requested. ( Id.)
At Cool Spring Elementary School, Ainsworth was given increased responsibilities—for example, preparing lesson plans for the class. (Am. Compl. ¶ 58.) However, Ainsworth received negative treatment from other teachers who were aware of her medical condition. (Am. Compl. ¶ 59.) Broaddus and Brian Peppiat, the Assistant Principal, had knowledge of Ainsworth's brain tumor and subsequent surgeries and treatments, but had conferences with her regarding absences. (Am. Compl. ¶¶ 60–61.) Ainsworth reiterated that she had been diagnosed and treated for a brain tumor and that her treatments were continuing. (Am. Compl. ¶ 61.)
Thereafter, Ainsworth had meetings with Broaddus and Peppiat in which she was given negative feedback. (Am. Compl. ¶ 62.) Specifically, Ainsworth was told that she was not doing her job, that she was inconsistent with the children, that the children did not like her, and that she was failing to follow instructions. ( Id.) Ainsworth contends that she was doing her job well, and that Broaddus and Peppiat's statements to the contrary were false. ( Id.)
On February 18, 2010, Broaddus presented Ainsworth with a memorandum concerning her absences from work. (Am. Compl. ¶ 63.) The memorandum indicated that in addition to being out of work for thirty days during the 2009–10 school year, Ainsworth would “call in sick late mornings when teachers are aware the day before due to Facebook postings that you are not coming to work the next day.” ( Id.) The memorandum also indicated that Ainsworth was being placed on formal evaluation for the remainder of the school year and that if there was not an improvement in Ainsworth's attendance, she was in danger of receiving an unsatisfactory rating. ( Id.) After Ainsworth prepared a rebuttal and questioned Broaddus about the claim regarding Facebook...
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