Chapman v. Upmc Health System
| Decision Date | 25 September 2007 |
| Docket Number | Civil Action No. 05-1707. |
| Citation | 516 F.Supp.2d 506 |
| Parties | Dreama L. CHAPMAN, Plaintiff, v. UPMC HEALTH SYSTEM, Defendant. |
| Court | U.S. District Court — Western District of Pennsylvania |
Joseph H. Chivers, Pittsburgh, PA, for Plaintiff.
John J. Myers, Christina I. Kepplinger, Eckert, Seamans, Cherin & Mellott, Pittsburgh, PA, for Defendant.
In this memorandum opinion, the court considers the motion for summary judgment (Doc. No. 18) filed by defendant UPMC Health System ("defendant" or "UPMC") with respect to all claims against UPMC asserted by plaintiff Dreama L. Chapman ("plaintiff" or "Chapman"). Plaintiff in her complaint asserted claims against UPMC for interference and retaliation under the Family and Medical Leave Act of 1993, as amended, 29 U.S.C. § 2601 et seq. ("FMLA") and for failure to accommodate and for failure to engage in good faith in the interactive process under the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq. ("Rehab Act"). After considering the joint statement of material facts and the other submissions of the parties, and drawing all reasonable inferences in favor of plaintiff, the nonmoving party, the court will grant summary judgment in favor of defendant with respect to plaintiff's interference claim under the FMLA and plaintiff's Rehab Act claims. With respect to plaintiff's retaliation claim under the FMLA, defendant's motion for summary judgment will be denied.
Plaintiff's employment with UPMC
Plaintiff began her employment with UPMC in December 2002 at UPMC's Braddock Hospital Rehabilitation Psychiatric Emergency Room ("Braddock Hospital"). When plaintiff began her employment with UPMC, she received a copy of UPMC's employee handbook containing its policies and procedures. (Deposition of Dreama Chapman ("Chapman Dep.") at 21-22; Chapman Dep. Ex. 8.) The employee handbook provides, in part, that UPMC has a FMLA policy for its employees. (Chapman Dep. Ex. 34.) In order to apply for FMLA leave, an employee must have certain paperwork completed by the employee, the employee's manager or supervisor, the employee's physician and the HR department. (Chapman Dep. Ex. 34.) Intermittent FMLA leave allows an employee to be excused from work for one to two weeks per month as needed by the employee. (Deposition of Shannon Dembowski ("Dembowski Dep.") at 12-13.) The maximum number of weeks that any employee may be excused from work pursuant to an FMLA leave is twelve weeks per year. (Chapman Dep. Ex. 34; Dembowski Dep. at 13.) Once intermittent leave has been approved for an employee, the employee must do two things to take intermittent FMLA leave. (Dembowski Dep. 12-13.) First, the employee must notify her manager that she needs to call off sick. (Id. at 13.) Next, the employee must notify her manager that the day should be recorded FMLA leave. (Id. at 13.)
UPMC's employee handbook also provides that UPMC intends to provide a workplace free of illicit drugs. (Chapman Dep. at 27; Chapman Dep. Ex. 10.) The employee handbook further provides that any employee who tests positive for illicit drug use will be confronted by superiors, tested for the presence of drugs or alcohol, and sent to treatment. (Chapman. Dep. at 29.) In some instances, UPMC will enter into Last Chance Agreements with employees. Last Chance Agreements require that the subject employee submit to random drug and alcohol testing and treatment for a minimum of three years. (Chapman Dep. Ex. 12.) UPMC enters into Last Chance Agreements in order to preserve the employee's status with UPMC while encouraging the employee to receive treatment for drug and alcohol abuse. (Id.)
In January 2004, plaintiff requested and received a transfer from Braddock Hospital to UPMC Living Sober Rehabilitation ("Living Sober"). ( Living Sober is a residential drug and alcohol treatment program. (Chapman Dep. at 49.) Plaintiff's first day of employment with Living Sober was June 13, 2004 and she served as an outpatient nurse clinician. While employed at Living Sober, plaintiff's supervisors were Curt Bell ("Bell"), RN clinical supervisor, Pam Bucci ("Bucci"), clinical supervisor, and Catherine Coleman ("Coleman"). director. (Id. at 12-13.)
Plaintiff repeatedly complained about her work schedule to her supervisors. (Id. at 62-63.) Plaintiff believed that the scheduling was starting to have negative physical effects on her. (Id. at 15-16, 62-63.) For example, plaintiff often had difficulty catching her breath during her employment at Living Sober. (Id. at 49.) Plaintiff also had difficulty talking on the phone because she would occasionally lose her voice as a result of a prior bout with throat cancer. (Id. at 49.) Plaintiff, however, was able to perform each of her job functions while employed at Living Sober. (Id. at 51.)
Plaintiff suffers from a number of medical conditions including: throat cancer (recovery), a weakened immune system, chronic obstructive pulmonary disease, asthma, chronic back pain, bulging disc, hypothyroid, hepatitis C, possibly sarcoidosis, cirrhosis of the liver, arthritis, depression and bipolar disorder. (J.S. at 1, ¶ 1; id. at 24, ¶ 37; Chapman Dep. at 44-45, 53, 55.) As a result of her chronic back pain and bulging disc, plaintiff cannot lift more than 15-20 pounds, has difficulty bending and cannot stoop. (Chapman Dep. at 54.) Plaintiff's medical conditions impair her ability to walk, sleep, recreate, work, stand, cook and do laundry. (Id. at 59.) Plaintiff has joint pain when she stands or walks. (Id. at 59-60.) As a result, plaintiff has difficulty walking both long and short distances on a daily basis. (Id. at 60.) Plaintiff has difficulty sitting for long periods of time. (Id. at 61.) Plaintiff, however, does not have any difficulty thinking or concentrating, but suffers more from the physical side effects of her medical conditions. (Id. at 61.)
While employed at Living Sober, plaintiff informed supervisors that she needed a schedule change as a result of her physical ailments. (Id. at 62-63, 66.) In the summer of 2004, plaintiff informed Bell that she suffered from a number of medical conditions but did not detail the medical conditions for Bell. (Id. at 67-68.) She further informed Bell that she could not continue working the schedule that she was currently working because of her physical ailments. (Id. at 67.) Bell advised plaintiff that she had to work out the scheduling problems with the other nurses. (Id.) Plaintiff repeatedly requested schedule changes. (Id. at 62.) Plaintiff requested schedule changes from Bell four to five times during 2004 and also informed Coleman that she was unhappy with her schedule. (Id. at 64, 69-70.) Plaintiff did not inform Coleman that she needed a different schedule because of her medical conditions, but instead referred to a general dissatisfaction with the scheduling. (Id. at 69-70.) Plaintiff did advise Coleman that she was physically feeling worse. (Id. at 71.)
In the fall of 2004, Bell informed plaintiff that another nurse was being hired and the new nurse would relieve some of the scheduling problems from which plaintiff was currently suffering. (Id. at 67.) When the new nurse was hired, the scheduling problems as they related to plaintiff were not corrected. (Id at 70, 72.)
Plaintiff was hospitalized on February 7-8, 2005.1 (Id. at 73.) After plaintiff's hospitalization, plaintiff began calling off work more frequently due to various illnesses. (Id. at 73-74.) Plaintiff notified Coleman that she was afraid that she would lose her job as a result of her continued absences. (Id.) Coleman advised plaintiff to apply for FMLA leave. In response to Coleman's advice, plaintiff contacted Dembowski in the HR department, to obtain the paperwork related to FMLA leave. (Id. at 73-74.)
On April 4, 2005, plaintiff requested FMLA leave. (Id. at 62-63; Chapman Dep. Ex. 19.) In plaintiff's application for FMLA leave, plaintiff's physician, Dr. Philip J. Cichon ("Cichon"), indicated that plaintiff had a
A chronic condition which:
(1) Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;
(2) Continues over an extended period of time (including recurring episodes of a single underlying condition); and
(3) May cause episodic rather than a continuing period of incapacity, (e.g., asthma, diabetes, epilepsy, etc.).
(Chapman Dep. Ex. 20 (footnote omitted).) Cichon indicated that plaintiff suffered from medical conditions including cirrhosis, hepatitis C and laryngeal cancer. (Id.) Cichon further advised UPMC that plaintiff needed to work intermittently for one to two week intervals. (Id.) The application specifically requested information about whether plaintiff was able to perform any work or all of the essential functions of her position. (Id.) Cichon informed UPMC that plaintiff was able to work and perform all the essential functions of her job. (Id.) (answer to question number 7(b).)
Dembowski informed plaintiff that plaintiff was eligible for FMLA leave. (Chapman Dep. at 108; Dembowski Dep. at 12.) By email dated April 15, 2005, plaintiff informed Dembowski that "when I came in HR I was so sure that my problem had worsened that week and I was very anxious fortunately it cleared up in 3-4 days...." (Chapman Dep. Ex.B.) In an April 26, 2005 email exchange with Dembowski, plaintiff indicated that she would "go long periods [of time] without being ill." (Chapman Dep. Ex D.) Plaintiff also informed Dembowski that she had been admitted to the hospital in February 2005, but had not been in the hospital...
To continue reading
Request your trial
-
Hayduk v. City of Johnstown
...R.I., 168 F.3d 538, 543 (1st Cir.1999); see also Spangler, 278 F.3d at 853 (citing Collins, 272 F.3d at 1007); Chapman v. UPMC Health Sys., 516 F.Supp.2d 506, 521 (W.D.Pa.2007); Reifer v. Colonial Intermediate Unit 20, 462 F.Supp.2d 621, 636-37 (M.D.Pa.2006). The record indicates that an es......
-
Sabo v. UPMC Altoona
...F.3d 144, 156-57. It appears that this statement was intended as dicta. Defendant, on the other hand, cites Chapman v. UPMC Health Sys. , 516 F. Supp. 2d 506, 532-33 (W.D. Pa. 2007). (ECF No. 31 at 15.) There, the Court held that "[t]he mere fact that an employee, like plaintiff, requires i......
-
Fleck v. Wilmac Corp.
...an employee must be able to return to her original position without accommodation after her medical leave"); Chapman v. UPMC Health Sys., 516 F. Supp. 2d 506, 521-22 (W.D. Pa. 2007) (finding plaintiff was unable to perform essential function of position where she could not work full-time at......
-
Atwood v. PCC Structurals, Inc.
...is automatically on notice that the employee is "disabled" as that term is defined under the ADA. See Chapman v. UPMC Health Sys., 516 F. Supp. 2d 506, 533 (W.D. Pa. 2007). Where a plaintiff has periodically requested time off to treat her disability, notifying the defendant of her need for......