Coles v. Johnny Appleseed Broad. Co.
| Decision Date | 18 August 2020 |
| Docket Number | Case No. 1:19-cv-534 |
| Parties | Brigitte M. COLES, Plaintiff, v. JOHNNY APPLESEED BROADCASTING COMPANY, et al., Defendants |
| Court | U.S. District Court — Northern District of Ohio |
Avery S. Friedman, Jared S. Klebanow, Friedman & Associates, Cleveland, OH, for Plaintiff.
Andrew J. Cleves, Brian J. Kelly, Frantz Ward, Cleveland, OH, for Defendants.
Currently pending is the Motion for Summary Judgment filed by Defendants Johnny Appleseed Broadcasting Company and Robert Meisse. (Doc. No. 23.) Plaintiff Brigitte Coles filed a Brief in Opposition, to which Defendants replied. (Doc. Nos. 28, 31.) For the following reasons, Defendants’ Motion for Summary Judgment (Doc. No. 23) is GRANTED.
On March 11, 2019, Plaintiff Brigitte M. Coles (hereinafter "Plaintiff" or "Coles") filed a Complaint in this Court against Defendants (1) Johnny Appleseed Broadcasting Company, d/b/a Mid-State Multimedia Group, d/b/a Mid-State Television, Inc., d/b/a WMFD TV Mansfield; and (2) Robert Meisse (hereinafter referred to collectively "Defendants" or "WMFD"). Therein, Plaintiff asserts claims of race discrimination, disability discrimination, and retaliation arising out of her employment with Defendants as a news anchor/reporter.
Specifically, in Count One, Plaintiff asserts claims under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq. ("ADA") for failure to provide a reasonable accommodation, retaliation for requesting a reasonable accommodation, and discrimination based on her disability. (Doc. No. 1 at ¶¶ 67-69.) In Count Two, Plaintiff asserts state law claims under Ohio Rev. Code § 4112.01, et. seq for failure to provide a reasonable accommodation, retaliation for requesting a reasonable accommodation, discrimination based on disability, and race discrimination. (Id. at ¶¶ 75-80.) Finally, in Count Three, Plaintiff asserts claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et. seq. for race discrimination and retaliation.1 (Id. at ¶¶ 85-95.) Plaintiff seeks declaratory and injunctive relief, as well compensatory and punitive damages and reasonable attorney fees and costs. (Id. at pp. 14-15.)
Plaintiff stipulated to the dismissal with prejudice of Counts One and Three with respect to Defendant Meisse on April 2, 2019, which then-assigned District Judge James Gwin approved on April 8, 2019. (Doc. Nos. 5, 10.)
Defendants filed an Answer on April 10, 2019. A Case Management Conference ("CMC") was conducted shortly thereafter, at which time various initial case management deadlines were set. (Doc. No. 16.) This matter was re-assigned to the undersigned on June 28, 2019 pursuant to General Order 2019-13.
On January 13, 2020, Defendants filed a Motion for Summary Judgment with respect to all of Plaintiff's claims. (Doc. No. 23.) Plaintiff filed a Brief in Opposition on February 24, 2020, to which Defendants replied on March 20, 2020. (Doc. Nos. 28, 31.) Defendants’ Motion is now ripe and ready for resolution.
Defendant Johnny Appleseed Broadcasting Company is an independently owned news media organization which delivers programming through radio channels and a television station, WMFD-TV. (Meisse Aff. (Doc. No. 23-1) at ¶ 3.) WMFD-TV focuses on local newscasts and programming and posts material on its website, including news, sports, and weather updates. (Id. at ¶ 4.) Defendant Robert Meisse is the General Manager and President of Johnny Appleseed and oversees its staff and operations. (Id. at ¶ 2a.)
Defendants hired Plaintiff as an anchor/reporter on April 7, 2004. (Id. at ¶ 5.) At that time, Plaintiff had two years’ worth of previous broadcasting experience.2 She did not have a college degree. (Id. at Tr. 148-150.) Plaintiff's job responsibilities as an anchor/reporter included the following:
(See Meisse Aff. at ¶¶ 5a-5b; Coles Depo. at Tr. 154-161.)
When she was hired in April 2004, Plaintiff was paid $9.62 per hour, or $20,000 per year. (Meisse Aff. at ¶ 5c.) Several months later, in July 2004, Meisse approached Plaintiff asking if she "wanted" the newly vacant News Director position, a promotion that would have included an improved title and a raise. (Coles Depo. at Tr. 167.) Plaintiff declined because she felt she lacked the experience to run the newsroom. (Id. at Tr. 168.) See also Meisse Aff. at ¶ 8a.
Sometime after December 31, 2009, Plaintiff, who is African-American, approached then-News Director Larry Stein to request a raise. (Coles Depo. at Tr. 14, 16.) Plaintiff told Stein that she noticed a difference between her pay and that of certain other employees.3 (Id . at Tr. 15.)
She also observed that she was "the only black female" working at WMFD. (Id. at Tr. 16.) According to Plaintiff, Stein responded that there was likely no money in the budget for a raise. (Id. at Tr. 17.) Plaintiff did not pursue the conversation further. (Id. at Tr. 16.)
In March 2011, Plaintiff received a 10% raise to $10.58 per hour, or $22,000 per year. (Meisse Aff. at ¶ 6.) Sometime in 2012 or 2013, Meisse again approached Plaintiff about the News Director position. (Coles Depo. at Tr. 170.) Plaintiff again declined. (Id. ) See also Meisse Aff. at ¶ 8b.
In December 2015, Defendants announced a 5% raise across-the-board for employees, including Plaintiff. This raise increased Plaintiff's pay to $11.10 per hour, or $23,100 per year, effective January 1, 2016. (Meisse Aff. at ¶ 7.)
In late July 2016, Plaintiff was admitted to the hospital for observation, following a high fever and other problems. (Coles Depo. at Tr. 182-186.) Plaintiff texted her WMFD colleagues that she planned to return to work, but News Director Greg Heindel and Assistant News Director Jay Palmer directed her to go home and not worry about work for now. (Id. ) Plaintiff testified that, although she planned to return to work, her condition deteriorated so rapidly that by the end of the week, she could barely walk. (Id . at Tr. 186.)
In early August 2016, Plaintiff was diagnosed with histoplasmosis
. (Id. at Tr. 187.) Her physician stated that she could not work until August 27, 2016, and that, upon her return, she should be limited to "light duty" for two weeks. (Doc. No. 24-14.) Plaintiff's return to work date was twice extended: first to September 6, 2016, and then to September 15, 2016. (Doc. Nos. 24-15, 24-16.)
Plaintiff testified that, by mid-September, she had returned intermittently to the newsroom, sometimes working half-days. (Coles Depo. at Tr. 193-194.) In late September 2016, Plaintiff's infectious disease doctor, Mark Lustberg, M.D., indicated that she should be limited to working half-days for six months; i.e. from September 2016 through March 2017.4 (Doc. No. 24-17.) Plaintiff provided Defendants with this letter and Defendants agreed that she could work half-days through March 23, 2017. (Coles Depo. at Tr. 196-197.) By late September 2016 and early October 2016, however, Plaintiff's health had deteriorated so significantly that she was often unable to work at all, and work half-days only intermittently. (Id . at Tr. 197.)
It is undisputed that, throughout this entire time period, Defendants granted all of Plaintiff's requests for leave and continued to pay her full salary and benefits. (Id. ) See also Meisse Aff. at ¶ 17.
In November 2016, Plaintiff was diagnosed with a malignant chest tumor. (Coles Depo. at Tr. 199-200.) Plaintiff never returned to work at WMFD after her cancer diagnosis
. (Id. ) Doctors immediately placed her on a five-week long course of radiation treatment. (Id. ) In January 2017, Plaintiff underwent open-heart surgery to remove the tumor. (Id. ) As a result of the surgery, Plaintiff suffered a paralyzed vocal cord, leaving her temporarily unable to speak. (Id. at Tr. 203-204.) Plaintiff then convalesced for several weeks in a rehabilitation facility, where she received occupational, physical, and speech therapy. (Doc. No. 24-5 at PageID# 614-615.)
During this time period, Plaintiff continued to intermittently communicate with her WMFD colleagues about news stories. For example, while undergoing radiation, Plaintiff sent at least one message to Palmer about scheduling guests for WMFD's Focus on North Central Ohio program. She also sent at least two messages to Palmer with news tips. (Id . at Tr. 86, 88.)
On February 6, 2017, Plaintiff provided an update to WMFD regarding her ability to return to work via text message to Palmer. (Doc. No. 24-5 at PageID# 614-617). In this message, Plaintiff stated as follows:
Hey bro. I hope you had a great weekend. I'm currently in a rehab facility for speech, occupational and physical therapy. The doctors said the surgery and radiation therapy took a lot out of me. I have a follow-up appointment this Friday with the thoracic surgeons. I will find out when I'm able to come back to work. They cut through my sternum to get to the tumor. My sternum was wired back together. They has [sic ] also had me on the cardiologist Pulmonary Bypass machine [sic ] during the surgery. I have so much to share with you. My voice was affected by the surgery. My left vocal...
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