Alexander v. WMATA, Civil Action No. 12–cv–1959 TSC

Decision Date10 March 2015
Docket NumberCivil Action No. 12–cv–1959 TSC
PartiesCarlos Alexander, Plaintiff, v. WMATA, Defendant.
CourtU.S. District Court — District of Columbia

Donna Williams Rucker, Rucker & Associates, PC, Washington, DC, for Plaintiff.

Gerard Joseph Stief, Washington Metropolitan Area Transit Authority, Washington, DC, for Defendant.

MEMORANDUM OPINION

TANYA S. CHUTKAN, United States District Judge

Plaintiff Carlos Alexander brings this discrimination action pursuant to the Rehabilitation Act of 1973, 29 U.S.C. § 794 et seq.,1 against defendant Washington Metropolitan Area Transit Authority (WMATA), challenging WMATA's decision to deny his applications for rehire after he completed an alcohol abuse treatment program. Before the Court is WMATA's motion for summary judgment. Upon consideration of the motion, the response and reply thereto, the entire record, and for the following reasons, the Court grants WMATA's motion.

I. BACKGROUND

Alexander is a former WMATA employee who alleges that he has suffered from alcohol dependency since approximately 1980. (Pl. Opp'n 5). From November 1999 until his termination in January 2009, Alexander worked for WMATA as an Automatic Train Control Mechanic Helper and a Communications Mechanic Helper. (Alexander Aff. ¶¶ 3–4). In April 2007, Alexander's supervisor smelled alcohol on Alexander's breath when he arrived at work. Alexander took a breathalyzer test and tested positive for alcohol, after which he was suspended and referred to WMATA's Employee Assistance Program. Alexander returned to work in December 2007 and was required to take periodic alcohol tests as a condition of his reinstatement. In January 2009, Alexander again tested positive for alcohol at work. WMATA terminated Alexander on January 27, 2009. (Pl. Opp'n 5–6).

WMATA informed Alexander that he could apply to be rehired in one year if he completed an intensive alcohol abuse treatment program. In the fall of 2009, Alexander entered a treatment program at the Washington Hospital Center, and completed the program in January 2010. (Pl. Statement of Mat. Facts in Dispute ¶ 7).

After completing the alcohol treatment program, Alexander reapplied for several positions at WMATA. In April or May 2010, he applied for a Communications Helper mechanic position, but was informed in June 2010 that he was not qualified for the position.2 (Def. Statement of Undisputed Facts ¶ 2; Pl. Statement in Response 15). Alexander applied for a Communications Helper mechanic position in August 2011, but was informed a few days later that he was disqualified from the position. (Def. Statement of Undisputed Facts ¶ 3; Pl. Statement in Response 17). Finally, in October 2011 he applied for an Automatic Helper mechanic position, but was not rehired. (Def. Statement of Undisputed Facts ¶ 4; Pl. Statement in Response 17).

On or about July 13, 2010 (after the first rehire decision but before the second and third), Alexander filed a complaint with the Equal Employment Opportunity Commission (“EEOC”), alleging that WMATA had violated the ADA by not rehiring him because of his alcohol dependency. On September 7, 2012, Alexander received a right to sue letter from the EEOC. (Compl.¶¶ 6, 8). He filed this lawsuit on December 5, 2012.

II. LEGAL STANDARD
a. Summary Judgment

Summary judgment may be granted if “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a) ; see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247–48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) ; Holcomb v. Powell, 433 F.3d 889, 895 (D.C.Cir.2006). “A party asserting that a fact cannot be or is genuinely disputed must support the assertion by citing to particular parts of materials in the record.”

Fed. R. Civ. P. 56(c)(1)(A). “A fact is ‘material’ if a dispute over it might affect the outcome of a suit under the governing law; factual disputes that are ‘irrelevant or unnecessary’ do not affect the summary judgment determination.” Holcomb, 433 F.3d at 895 (quoting Liberty Lobby, Inc., 477 U.S. at 248, 106 S.Ct. 2505 ). An issue is “genuine” if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. See id. The party seeking summary judgment “bears the heavy burden of establishing that the merits of his case are so clear that expedited action is justified.” Taxpayers Watchdog, Inc., v. Stanley, 819 F.2d 294, 297 (D.C.Cir.1987).

In considering a motion for summary judgment, “the evidence of the nonmovant [s] is to be believed, and all justifiable inferences are to be drawn in [their] favor.” Liberty Lobby, Inc., 477 U.S. at 255, 106 S.Ct. 2505 ; see also Mastro v. Potomac Elec. Power Co., 447 F.3d 843, 850 (D.C.Cir.2006). The nonmoving party's opposition, however, must consist of more than mere unsupported allegations or denials, and must be supported by affidavits, declarations, or other competent evidence, setting forth specific facts showing that there is a genuine issue for trial. Fed. R. Civ. P. 56(e) ; Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The nonmovant is required to provide evidence that would permit a reasonable jury to find in her favor. Laningham v. United States Navy, 813 F.2d 1236, 1242 (D.C.Cir.1987).

b. The Rehabilitation Act

Claims under the Rehabilitation Act are governed by the burden-shifting framework laid out in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). See McGill v. Muñoz 203 F.3d 843, 845 (D.C.Cir.2000). Under this framework, the plaintiff must first establish, by a preponderance of the evidence, a prima facie case of discrimination. McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817. Once the plaintiff establishes a prima facie case, the defendant must “produc[e] evidence that the adverse employment actions were taken for a legitimate, non-discriminatory reason.” Aka v. Washington Hosp. Ctr., 156 F.3d 1284, 1289 (D.C.Cir.1998) (citation omitted). Once the defendant has done so, “the presumption ... raised by the prima facie case is rebutted” and “drops from the case.” Id. (quoting St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 507, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993) ). To survive summary judgment, the plaintiff must then show that a reasonable jury could infer that the proffered legitimate reason was false and that defendant's actions were intended as discrimination from a “combination of (1) the plaintiff's prima facie case; (2) any evidence the plaintiff presents to attack the employer's proffered explanation for its actions; and (3) any further evidence of discrimination that may be available to the plaintiff.” Id. at 1289.

III. ANALYSIS

WMATA argues that Alexander's claim must be dismissed as a matter of law because it is barred by the statute of limitations, or alternatively, that even if the claim is timely, Alexander does not have a qualifying disability under the Rehabilitation Act.

a. Statute of Limitations

Congress did not establish a statute of limitations for claims brought under the Rehabilitation Act. See Long v. Howard Univ., 512 F.Supp.2d 1, 11 (D.D.C.2007) (“The Rehabilitation Act and ADA, like many federal civil rights statutes, do not contain a statute of limitations.”); see generally 29 U.S.C. § 791 et seq. When Congress fails to enact a statute of limitations for a federal cause of action, “federal courts may ‘borrow’ one from an analogous state cause of action, provided that the state limitations period is not inconsistent with underlying federal policies.” Spiegler v. District of Columbia, 866 F.2d 461, 463–64 (D.C.Cir.1989) ; see also Wilson v. Garcia, 471 U.S. 261, 266–67, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985) ; Johnson v. Ry. Express Agency, Inc., 421 U.S. 454, 462, 95 S.Ct. 1716, 44 L.Ed.2d 295 (1975). In such cases, courts also apply state tolling provisions because “in virtually all statutes of limitations the chronological length of the limitation period is interrelated with provisions regarding tolling, revival, and questions of application.” Johnson, 421 U.S. at 464, 95 S.Ct. 1716.

The parties disagree on which statute of limitations governs Rehabilitation Act claims brought in the District of Columbia. WMATA argues that the District of Columbia Court of Appeals decision in Jaiyeola v. District of Columbia, 40 A.3d 356 (D.C.2012), which held that the one-year statute of limitations under the District of Columbia Human Rights Act (“DCHRA”) governs claims under section 504 of the Rehabilitation Act, is controlling. Under that reasoning, Alexander's claims would be barred because the June 2010, August 2011, and October 2011 denials all occurred more than one year before the filing of the Complaint on December 5, 2012. (Def.Mot.4–6). WMATA also contends that tolling does not apply because Alexander was not required to file a complaint with EEOC before filing suit. (Id. ). Alexander claims that the District of Columbia's general three-year limitations period for personal injury claims controls, citing Tyler v. WMATA, No. 14–cv–601, 53 F.Supp.3d 101, 102–03, 2014 WL 2979031, at *1 (D.D.C. July 3, 2014). (Pl. Opp'n 20–21). The parties agree that if the three-year period applies, Alexander's claims are timely. If the one-year period applies, Alexander's claims would only be timely if the limitations period was tolled during the pendency of Alexander's administrative complaint.

Tyler also involved a dispute regarding the applicable statute of limitations period in the District of Columbia for Rehabilitation Act claims. Tyler, 53 F.Supp.3d at 103, 2014 WL 2979031, at *2. In that case, WMATA relied on Jaiyeola to argue that the plaintiff's claim should be dismissed because he filed his complaint almost two years after he learned that he would not be hired. The plaintiff argued that even if the one-year period applied, his claim was tolled by the EEOC's investigation of his complaint. The Court agreed with the plaintiff,...

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2 cases
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    ...tolling provisions, discussed below) or the D.C. personal injury statute.Id.at 103–104.In Alexander v. Wash. Metropolitan Area Transit Auth.,82 F.Supp.3d 388, 2015 WL 1043369 (D.D.C.2015), plaintiff, who suffered from alcohol addiction, sued in December 2012, alleging that WMATA violated th......

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