Baldwin-Love v. Electronic Data Systems Corp., CIV.A.03-A-211-N.

• Decision Date: 03 March 2004
• Docket Number: No. CIV.A.03-A-211-N.,CIV.A.03-A-211-N.
• Citation: 307 F.Supp.2d 1222
• Parties: Laura BALDWIN-LOVE Plaintiff, v. ELECTRONIC DATA SYSTEMS CORP. Defendant.
• Court: U.S. District Court — Middle District of Alabama

307 F.Supp.2d 1222

Laura BALDWIN-LOVE Plaintiff, v. ELECTRONIC DATA SYSTEMS CORP. Defendant.

No. CIV.A.03-A-211-N.

United States District Court, M.D. Alabama, Northern Division.

March 3, 2004.

Joseph B. Lewis, Montgomery, AL, for Plaintiff.

David A. Posner, Cleveland, OH, D. Christopher Carson, Birmingham, AL, for Defendant.

MEMORANDUM OPINION AND ORDER

ALBRITTON, Chief Judge.

I. INTRODUCTION

This case is before the court on a Motion for Summary Judgment filed by Electronic Data Systems Corporation ("Defendant" or "EDS") on December 9, 2003 (Doc. # 14).

Laura Baldwin-Love ("Plaintiff" or "Love")¹ filed her Complaint on February 5, 2003 bringing claims pursuant to the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. for wrongful discharge due to a disability,² and under the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq. for wrongful denial of a leave of absence and retaliatory discharge.

For the reasons to be discussed, the Motion for Summary Judgment is due to be GRANTED.

II. SUMMARY JUDGMENT STANDARD

Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

The party asking for summary judgment "always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the `pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Id. at 323, 106 S.Ct. 2548. The movant can meet this burden by presenting evidence showing there is no dispute of material fact, or by showing, or pointing out to, the district court that the nonmoving party has failed to present evidence in support of some element of its case on which it bears the ultimate burden of proof. Id. at 322-324, 106 S.Ct. 2548.

Once the moving party has met its burden, Rule 56(e) "requires the nonmoving party to go beyond the pleadings and by [its] own affidavits, or by the `depositions, answers to interrogatories, and admissions on file,' designate `specific facts showing that there is a genuine issue for trial.'" Id. at 324, 106 S.Ct. 2548. To avoid summary judgment, the nonmoving party "must do more than show that there is some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). On the other hand, the evidence of the nonmovant must be believed and all justifiable inferences must be drawn in its favor. See Anderson v. Liberty Lobby, 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). After the nonmoving party has responded to the motion for summary judgment, the court must grant summary judgment if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c).

III. FACTS

The submissions of the parties establish the following facts, construed in a light most favorable to the non-movant:

Laura Baldwin-Love, who has Bell's Palsy, started working as a call center representative for Electronic Data Systems Corporation in January of 1998. Ninety-five percent of an EDS call representative's job involves answering customer telephone calls regarding the student loan consolidation process. Over the phone, a call representative counsels customers concerning their loan consolidation applications and helps customers with problems arising after the consolidation of their loans. The other five percent of a call representative's job involves searching computer files for information and entering cus4omer information into the computer. Typing is part of these duties.

In February of 2002, Love approached Moises Urena, her direct supervisor, and complained that she could not answer customer calls because a facial pain prevented her from speaking on the phone. Additionally, Love informed her supervisor that she could not type because it made her left arm stiff. Shortly after Love complained to her supervisor, Urena assigned her work that did not require talking on the phone, including processing verification certificates and documenting returned mail. Previously, no one individual performed these assignments. While Urena would "work[ ] with [Love]" on adjusting her assignments to fit her condition, Urena's supervisor Lecretia Snow would "come to [Love] every day to get [her] back on the phone." Love's Deposition at p. 73, line 2; Id. at p. 72, lines 14-15. Despite the change in work assignments, neither Love's pay nor her benefits were changed. On March 25, 2002, Dr. Adams, Love's family physician, wrote a letter requesting that "[d]ue to patient['s] medical conditions please limit the amount of incoming phone calls, ... [because the] patient['s] conditions tend [ ] to flair up due to excessive movement of the facial muscles." Defendant's Exhibit B, at exhibit 1. Two days later, the Plaintiff began a period of leave that would result in her termination in less than four months.

In February of 2002, the Plaintiff was diagnosed with Bell's Palsy by her family physician, Dr. Adams, who referred her to Dr. Bell for treatment starting in late February. Love's symptoms included facial numbness and weakness in her left arm. The Plaintiff began taking medication that helped to some small degree, but mainly resulted in her being tired and woozy. On May 5, 2002, the Plaintiff was referred to another neurologist, Dr. Robert Slaughter, to undergo a different form of treatment. She was also referred in late May of 2002 to Dr. Pradhan for pain therapy.

On March 6, 2002, Dr. Bell declined the Plaintiff's request for an excuse for three to four weeks off of work. Instead, she gave the Plaintiff an excuse for one week off from work. On April 8, 2002, Love requested that Dr. Bell complete a disability form for her and give her an additional week off from work. Dr. Bell stated: "The patient has asked for a week off of work. I did sign the excuse for that. I explained to the patient that I do not feel that she is disabled and that I will complete the disability forms candidly." Defendant's Exhibit K. Furthermore, Dr. Pradhan's evaluation indicated that the Plaintiff retained all of the skills and abilities necessary to perform her job. Defendant's Exhibit C. Although noting that Love could have pain related limitations, Dr. Pradhan answered "no" to the question "are there any limitations that would impair her ability to perform the requirements of this position." Id.

The Plaintiff took multiple leaves of absence in 2002. She took a leave of absence to care for her ill mother that EDS approved as FMLA leave. She also requested leaves of absence due to her medical condition. On March 27, 2002, the Plaintiff was placed on a medical leave of absence pending required medical certification. The Plaintiff was on a continuous leave of absence from March 27 through the middle of April. The Plaintiff then returned to work briefly, before taking a leave of absence from April 22 through April 29. Between April 29 and May 29, the Plaintiff repeatedly missed work, but provided medical excuses for her absences. On May 29, the Plaintiff began a leave of absence, from which she did not return. She was terminated by EDS on July 11, 2002. The Defendant summarizes the Plaintiff's absence in this manner: "[B]etween March 27, 2002 and July 11, 2002, [the] Plaintiff worked only eleven full days and was absent for fifty-nine." Defendant's Brief at 8.

EDS employs a third party administrator, Synchrony, a division of the Metropolitan Life Insurance Company ("MetLife"), to handle requests for leaves of absence pursuant to the Family Medical Leave Act ("FMLA"). "Synchrony interacts with employees of its customers and notifies them of their responsibilities while on or for obtaining an FMLA leave of absence." Exhibit N at ¶ 4. Once Synchrony is notified by its customer, EDS, that an employee, Love, has requested an FMLA leave of absence, it sends an FMLA packet that contains a blank Healthcare Provider Certification, a description of the employee's rights under the FMLA, and a cover letter stating the employee is required to submit a completed Healthcare Provider Certification within fifteen days of the date of the letter and that failure to do so will result in denial of the request for FMLA leave. Love received such a packet in "early April or around that time frame ...." Love's Deposition at p. 146, lines 9-12. Shirley Kimber-Burgess, a Team Coach for Synchrony, indicates that "[t]here is no record that a completed Healthcare Provider Certification was received by Synchrony before June 12, 2002. There is also no record that a completed Health Care Provider Certification covering all of Plaintiff's absences prior to June 12, 2002 was received by Synchrony." Exhibit N at ¶ 6.

Representatives of Synchrony contacted the Plaintiff on April 4, 2002 to remind her about the certification, that her leave would be denied without it, and that Synchrony needed the form by April 17, 2002. Love was contacted again by phone on April 17, 2002 to inform her that her claim for FMLA leave could not be approved without this certification and that it had not been received. Love indicated that her physician's office had the form and that she could rush its completion. In an April 17, 2002 letter, JeGenna Huggins, a disability case manager for MetLife, informed Love that her request for FMLA leave was denied because she failed to provide the required medical certification. The letter also indicated that a period of review was available for fifteen days. The...