Bukta v. J.C. Penney Co., Inc.
| Decision Date | 22 December 2004 |
| Docket Number | No. 4:02 CV 598.,4:02 CV 598. |
| Parties | Cheryl L. BUKTA, Plaintiff, v. J.C. PENNEY COMPANY, INC., et al., Defendants. |
| Court | U.S. District Court — Northern District of Ohio |
Paul L. Bittner, Schottenstein, Zox & Dunn, Columbus, OH, Patrick A. Devine, Jennifer L. Fewell, Schottenstein, Zox & Dunn, Columbus, OH, David S. Timms, Mason Law Firm, Dublin, OH, for J.C. Penney Company, Inc., Benjamin Wenowitz, Donald McCormick, James Conrad, # 11-15 John Does, Kenneth Karbowski, Robert Karlowicz, Wayne Rustin, Defendants.
Martin J. Boetcher, Harrington, Matthew D. Gurbach, Harrington, Hoppe & Mitchell, Youngstown, OH, for Cheryl Bukta, Plaintiff.
Virginia Egan Fisher, Attorney General Office, Workers' Compensation Section, Cleveland, OH, for James Conrad, Defendant.
Ned C. Gold, Jr., Harrington, Hoppe & Mitchell, Warren, OH, for Anthony Bukta, Cheryl Bukta, Plaintiffs.
Nicholas A. O'Kelly, J.C. Penney Company, Plano, TX, for J.C. Penney Company, Inc., Defendant.
This matter is before the Court upon Defendants' Motion for Summary Judgment. (Dkt.# 69).
Defendant, JC Penney Company, Inc. ("JC Penney"), employed Plaintiff, Cheryl L. Bukta ("Bukta"), in various management positions from October 1973 to October 2001. (Dkt. # 74, Deposition of Cheryl Bukta ("Bukta Dep.") at 16; Dkt. # 99, Deposition Exhibits In Support of Plaintiff's Memorandum in Opposition to Defendants' Motion for Summary Judgment ("Plaintiff's Exhibits") at exhibit 29). From 1980 to 2000 Bukta held the position of Senior Department Manager ("SDM") for the men's department at the Niles, Ohio JC Penney store. (Bukta Dep. at 31-32). The SDM position was a full time position requiring a minimum of 40 to 44 hours of work per week. (Bukta Dep. at 34).
On January 18, 2000, Benjamin Wenowitz ("Wenowitz"), the store manager and Bukta's supervisor, berated Bukta in front of a number of employees, customers and suppliers for leaving clearance racks of clothing in the aisles of the men's department. (Bukta Dep. at 79). This incident purportedly caused Bukta to suffer severe headaches, blurred vision, shortness of breath and chest pain. (Bukta Dep. at 96-97). As a result of these symptoms Bukta visited Dr. Hugh Shearer, her general practitioner, on January 20, 2000. (Bukta Dep. at 96). Dr. Shearer was unable to diagnose her condition, but did insist that she refrain from working. (Bukta Dep. at 96-98). Bukta subsequently requested a six week medical leave lasting from January 26, 2000 until March 13, 2000. (Bukta Dep. at 118-19). JC Penney approved the request and authorized Bukta to receive Illness Recovery Time ("IRT") Plan benefits during the leave period. (Plaintiff's Exhibits at exhibit 72).
Doctor Shearer eventually diagnosed Bukta as suffering from conversion disorder. (Dkt. # 95, Affidavit of Dr. Hugh Shearer ("Shearer Affidavit") at 2, ¶ 5). Conversion disorder is "chronic psychiatric disability" arising from seriously insulting and humiliating situations which can cause debilitating physical symptoms, panic attacks and anxiety.1 (Dkt. # 94, Affidavit of Dr. Suzanne R. Lucot ("Lucot Affidavit") at ¶ 5; Shearer Affidavit at ¶ 4). A single traumatic incident can give rise to severe and chronic anxieties as well as panic attacks in those that suffer from conversion disorder. (Shearer Affidavit at ¶ 4).
Dr. Shearer, after considering Bukta's condition, concluded that a sudden return to a full time work schedule was an anxiety producing factor for Bukta; therefore, he recommended that Bukta, as part of her course of treatment, make a gradual return to work. (Plaintiff's Exhibits at exhibit 87, p. 2; Shearer Affidavit at ¶ 8). Bukta returned to work on March 13, 2000, and Dr. Shearer restricted her to a maximum of 20 hours per week. (Bukta Dep. at 119).
JC Penney attempted to honor Plaintiff's medical restriction and kept her on a four hours per day schedule with no evening hours. (Bukta Dep. at 121). JC Penney compensated Bukta for the four hours that she worked each day and also compensated Bukta with IRT Plan benefits for the remaining four hours of the average workday. (Plaintiff's Exhibits at exhibit 72). JC Penney did not, however, relieve Bukta of her full time responsibilities. (Dkt. # 11, Affidavit of Cheryl Bukta ("Bukta Affidavit") at ¶ 45).
From March 13 through September 1 of 2000, Bukta continued working four hours per day. (Bukta Dep. at 121). In July, JC Penney's management, noting that Bukta was unable to complete all of her responsibilities while working a part time schedule, relieved Bukta of several of her responsibilities. (Dkt. # 104, Deposition of Benjamin Wenowitz ("Wenowitz Dep.") at 157, 165). The stated purpose of the decision was to assist Bukta in managing her duties and to facilitate her return to a full time schedule. (Wenowitz Dep. at 157, 165). Meanwhile, Bukta's condition began to improve considerably. (Shearer Affidavit at ¶ 10). On July 18, 2000, Dr. Shearer informed JC Penney that Bukta should continue on a part time schedule and estimated she could resume a full time schedule by October 18, 2000. (Plaintiff's Exhibits at exhibits 5 and 6).
In August of 2000, JC Penney managers Wenowitz, Kenneth Karbowski ("Karbowski"), Wayne Rustin ("Rustin") and Donald McCormick ("McCormick") discussed removing Bukta from the part time schedule, placing her on leave, and returning her to work when she was capable of working full time. (Wenowitz Dep. at 161, 330; Dkt. # 106, Deposition of Kenneth P. Karbowski ("Karbowski Dep.") at 48). The managers reasoned that because Bukta was limited to working four hours per day, JC Penney had to rearrange work schedules, forcing other sales associates to change their work and personal schedules and to assume increased night and weekend hours. (Wenowitz Dep. at 263-64). Indeed, the managers discussed that at least three associates had been stepping in to help fulfill Bukta's full time duties. (Wenowitz Dep. at 312). They reasoned that JC Penney required a full time employee who could provide continuous leadership to associates. (Dkt. # 71, Filing Exhibits Referenced In Defendants' Motion for Summary Judgment, Wenowitz Deposition Exhibit 40 ("Bukta Memorandum")). The managers decided that JC Penney required a full time person in Bukta's position, especially for the upcoming holiday season. (Wenowitz Dep. at 160).
On September 1, 2000,2 Bukta met with Wenowitz and Karbowski who explained that there would be no further part time work available to her and advised that Bukta must be able to return full time without restrictions. (Bukta Dep. at 151). They further advised that Bukta would be on a leave of absence until November 1, 2000. (Bukta Dep. at 152). On September 10, 2000, JC Penney placed Bukta on unpaid leave for a period not to exceed one year. (Plaintiff's Exhibits at exhibit 72).
The meeting upset Bukta, causing an aggravation of her symptoms. (Shearer Affidavit at ¶ 13). Following a consultation, Dr. Shearer sent a note, dated September 11, 2000, informing JC Penney that if placed on a work schedule of four hours a day, Bukta could expect a return to full time work before November 1, 2000. (Plaintiff's Exhibits at exhibit 5; Wenowitz Dep. at 173).
Bukta's expected return date — November 1, 2000 — passed with Bukta remaining on medical leave. JC Penney did not, however, place a full time person in Bukta's position. (Wenowitz Dep. at 208, 214-16).
On January 5, 2001, Bukta sent JC Penney a note explaining that she would return to work full time on January 8 and attached releases from her psychiatrist, Dr. Susan Lucot, and her treating physician, Dr. Shearer, clearing her for an "attempt" to return to a full time schedule. (Plaintiff's Exhibits at exhibit 17). On January 8, Bukta worked for 30 minutes, but was told by Karbowski and Wenowitz to return home because she had not presented an unequivocal medical release to return to full time employment. (Bukta Dep. at 152-53; Wenowitz Dep. at 226-27).
In February 2001, JC Penney placed employee Karen King in Bukta's position. (Wenowitz Dep. at 215, 312-13). Karbowski sent a letter to Bukta, dated February 13, 2001, informing her that she had been replaced. (Bukta Affidavit at ¶ 91).
Thereafter, on February 14, 2001, Bukta's treating psychiatrist, Dr. Lucot, sent a letter to JC Penney rescinding all recommendations regarding a gradual return to work and clearing Bukta to return to work on a full time basis. (Plaintiff's Exhibits at exhibit 26). Two days later, Dr. Shearer sent JC Penney a letter emphasizing that the best treatment for Bukta would be a gradual return to work, but he released Bukta to work full time because it was the only option presented by JC Penney. (Plaintiff's Exhibits at exhibit 81). JC Penney interpreted the language of these letters as constituting an equivocal release. (Plaintiff's Exhibits at exhibit 88). Consequently, Bukta remained on unpaid leave. On or about March 26, 2001, Bukta filed an administrative charge with the Federal Equal Employment Opportunity Commission ("EEOC"). (Dkt. # 1, Attachment # 4 ("First Amended Complaint") ¶ 35). Meanwhile, JC Penney extended Bukta's leave and ultimately, on October 21, 2001, sent her a letter terminating her employment. (Plaintiff's Exhibits at exhibit 29).
The EEOC issued Bukta a right to sue letter on February 12, 2002, and on March 3, 2002 Bukta filed a First Amended Complaint in the Court of Common Pleas, Trumbull County, Ohio. The First Amended Complaint alleged twelve claims for relief: (1) workers' compensation appeal; (2) negligence; (3) negligent infliction of emotional distress; (4) violations of the Family Medical Leave Act; (5) violations of the Americans with Disabilities Act and Ohio handicap discrimination law; (6) violations of the Age Discrimination in...
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