Chappell v. Butterfield-Odin School District No. 836
| Citation | 673 F.Supp.2d 818 |
| Decision Date | 17 November 2009 |
| Docket Number | Case No. 08-CV-0851 (PJS/RLE). |
| Parties | Stephanie CHAPPELL, Plaintiff, v. BUTTERFIELD-ODIN SCHOOL DISTRICT NO. 836, Defendant. |
| Court | U.S. District Court — District of Minnesota |
Thomas B. James, James Law Office, for plaintiff.
Plaintiff Stephanie Chappell brings claims of discrimination, retaliation, and failure to accommodate under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, and the Minnesota Human Rights Act ("MHRA"), Minn.Stat. § 363A.01 et seq., against her former employer, Butterfield-Odin School District No. 836 ("the District").1 This matter is before the Court on the District's motion for summary judgment. For the reasons described below, the Court grants the motion with respect to all of Chappell's claims under the MHRA and with respect to Chappell's failure-to-accommodate claims under the ADA and the Rehabilitation Act. In all other respects, though, the Court denies the motion.
Chappell was employed by the District as a junior-high and high-school teacher for about seven weeks in the fall of 2005. Chappell was originally interviewed for the position in May 2005 by District superintendent Lisa Shellum and other school administrators. Chappell Dep. 86. At the interview, Chappell revealed that she had epilepsy, but she did not tell the District that she would need any kind of accommodation if she were hired. Chappell Dep. 86-87, 116.
The District hired someone else for the position, but that individual resigned shortly after the beginning of the school year. Shellum Dep. 15. The District advertised the position again. Shellum Dep. 16. Chappell contacted Shellum to inquire about the new posting, and Shellum hired Chappell over the phone. Chappell Dep. 88-90. Chappell began working for the District on October 28, 2005. Shellum Dep. 17.
Chappell was assigned to teach English, poetry, and remedial reading. Shellum Dep. 26. One of Chappell's teaching methods was to use character voices while reading to her students. Chappell Dep. 107. Twice while Chappell was reading to her students, the phone in her classroom rang, and she answered it while remaining in character voice. Chappell Dep. 107. A staff member complained to Shellum about this, and Shellum mentioned the complaint to Chappell. Chappell Dep. 110-12. Shellum told Chappell that she wasn't being reprimanded, but Shellum wanted Chappell to be aware of the complaint. Chappell Dep. 110-11.
At some point during the first couple of weeks of her employment, Chappell noticed that Sandy Melheim, the school receptionist, had a flat-screen computer monitor. Chappell Dep. 127; Melheim Aff. ¶ 1. Chappell asked Melheim whether there were any other flat-screen monitors available. Chappell Dep. 127. Melheim said no. Chappell Dep. 127. Chappell then asked if she could be put on a waiting list for a flat-screen monitor. Chappell Dep. 127. In the meantime, Chappell brought in a filter to put over her computer screen, apparently to reduce glare and eye strain. Chappell Dep. 127-28. There is no evidence that Chappell told the District that her request for a flat-screen monitor was related to her epilepsy.
In about mid-November, Chappell had a dispute with Shellum over reimbursement for Chappell's attendance at a conference in Minneapolis. Chappell stayed in her hometown during the conference and sought reimbursement for mileage for driving from Butterfield to her hometown, as well as for driving to and from the conference. Shellum Dep. 40; Shellum Aff. Ex. C. Shellum told Chappell that Chappell would be reimbursed only for mileage between Butterfield and Minneapolis. Shellum Dep. 40-41. Chappell remarked to Shellum that the two were not getting along because they were too much alike. Shellum Dep. 41. Chappell also said that Shellum had "messed up her contract." Shellum Dep. 41.
The District's school day lasted from 8:30 a.m. to 3:05 p.m., with a half-hour break for lunch. Shellum Dep. 26. During the first trimester, Chappell's preparation period (during which she had no class) was scheduled immediately after lunch; thus, Chappell had a midday break that stretched from the beginning of lunch (12:07 p.m.) to the end of the fourth period (1:52 p.m.). Shellum Dep. 26. On Wednesday, November 30, Chappell received the schedule for the next trimester, which was to start on the following Monday, December 5. Chappell Dep. 112-13. Chappell's preparation period during the new trimester was scheduled for the fifth period (1:55 p.m. to 3:05 p.m.). Shellum Dep. 27.
Chappell complained to Shellum about the new schedule on Friday, December 2. Chappell Dep. 113. Chappell explained that she had epilepsy and congenital fusion of two vertebrae (C2 and C3) in her neck. Chappell Dep. 116-17. Chappell asked for an opportunity to discuss her condition at a staff meeting, and Chappell informed Shellum of her need for various accommodations. In particular, Chappell explained that she needed a rest break in the middle of the day so that she would be less prone to seizures. Chappell Dep. 118-19. Chappell also explained that she had brought in a special ergonomic chair to relieve pressure on her neck, as well as a filter for her computer screen to reduce eye strain (which, in turn, helps to prevent seizures). Chappell Dep. 118. Chappell also mentioned that she could not do any heavy lifting because of her neck and that she could not chaperone school dances because strobe lights or a disco ball could trigger seizures. Chappell Dep. 120-23. Finally, Chappell requested that the schedule be changed back to the way it had been during the first trimester so that Chappell would enjoy an extra-long break in the middle of the day. Chappell Dep. 134.
There is no evidence that Chappell had asked for any accommodation of her alleged disabilities prior to this December 2 meeting with Shellum. According to Chappell, at the conclusion of the meeting, Shellum asked Chappell to provide a note from her doctor, inquired about Chappell's medication, and said that Shellum wanted to speak with Chappell's doctor and the school nurse. Chappell Dep. 128-29. Chappell left the meeting under the impression that Shellum would make the scheduling change if Chappell provided a doctor's note. Chappell Dep. 134.
A few days later, on Tuesday, December 6, Chappell left the school building around 12:30 p.m. and did not return until 6:30 p.m. Chappell Dep. 159. Chappell did not ask permission to leave, but informed Sandy Melheim, the school receptionist, that she was leaving because her computer wasn't working properly. Chappell Dep. 159-60; Chappell Aff. ¶ 28, Aug. 1, 2009 [hereinafter "First Chappell Aff."]. The next day (Wednesday, December 7), Shellum sent Chappell an e-mail stating, in relevant part:
I am very confused as to why you left yesterday....
I have no problem with you checking out and leaving to work on your computer at home, but ... I am not pleased that you did not speak to me about your situation until you said it in passing this morning. As protocol I would like to be informed of your plans via e-mail or voice if possible and they need to be pre-approved. Sandy and Kathy do not count in the approval process. The prep time is yours, but not to leave an[d] go home to stay, as you owe the district time after school and your work day is 8 hours.... If a teacher needs to leave the building, a request is filled out in advance or it is pre-approved during the day by either Vonda or myself in an emergency or other situation.
I realize that you returned to supervise, but you also missed your contractual after-school time owed the district.2
Shellum Aff. Ex. E. The District also asked Chappell to complete a form for sick leave to cover her absence. Morris Aff. Ex. J.
In response, Chappell sent Shellum an e-mail complaining that she was being subjected to discrimination on the basis of disability: Shellum Aff. Ex. E.
The next day (Thursday, December 8), Shellum told Chappell that there would be a meeting after school with some of the school-board members and that it would be in Chappell's best interest to attend. Chappell Dep. 167, 169. At the meeting, Shellum asked Chappell to resign. Chappell Dep. 171. Chappell asked why but did not get any response. Chappell Dep. 173-74. After Chappell declined to resign, she was told that she was being placed on paid leave, effective immediately. Shellum Aff. Ex. F. In a followup letter, the District explained that Chappell was placed on paid leave "so that district could finish its investigations into allegations that you made and ... continue to review with school legal council [sic] documentation as kept by administration on your actions since your first day of employment 10/28/05." Shellum Aff. Ex. F. Chappell was also asked to turn in her keys and clean out her room. Shellum Aff. Ex. F; Chappell Dep. 174.
For the next week or so, Chappell was in contact with representatives from Education Minnesota, the teachers' union. Chappell discussed her situation with Sherri Gustafson, the co-president of the union's local affiliate, and Mike Katzenmeyer, a union field representative. Gustafson Aff. ¶¶ 1-2; Katzenmeyer Aff. ¶¶ 1-2. Chappell asked about grieving her suspension, but was told that...
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