Cordoba v. Dillard's, Inc.

• Decision Date: 04 August 2005
• Docket Number: No. 04-14744.,04-14744.
• Citation: 419 F.3d 1169
• Parties: Lea CORDOBA, Plaintiff-Appellant, Bernard Dempsey, Appellant, v. DILLARD'S, INC., a foreign corporation, Defendant-Appellee.
• Court: U.S. Court of Appeals — Eleventh Circuit

419 F.3d 1169

Lea CORDOBA, Plaintiff-Appellant Bernard Dempsey, Appellant, v. DILLARD'S, INC., a foreign corporation, Defendant-Appellee.

No. 04-14744.

United States Court of Appeals, Eleventh Circuit.

August 4, 2005.

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Victor Lee Chapman, Barrett, Chapman & Ruta, P.A., Manuel Socias, Law Offices of Manuel Socias, Orlando, FL, Mark W. Gaffney, Bellavia, Gentile & Associates, LLP, Mineola, NY, for Cordoba.

Lori R. Benton, Thomas C. Garwood, Jr., Ford & Harrison, LLP, Orlando, FL, for Dillard's, Inc.

Appeal from the United States District Court for the Middle District of Florida.

Before TJOFLAT and KRAVITCH, Circuit Judges, and MILLS^*, District Judge.

TJOFLAT, Circuit Judge:

This case began when Lea Cordoba sued Dillard's, Inc. in September 2001, asserting claims under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., and the Florida Civil Rights Act (FCRA), Fla. Stat. § 760.01 et seq. In February 2003, the district court granted Dillard's motion for summary judgment on all claims, Cordoba v. Dillard's, Inc., 2003 WL 21295143 (M.D.Fla. Feb.24, 2003), and we affirmed in an unpublished opinion, 82 Fed.Appx. 219 (11th Cir.2003). While Cordoba's appeal from the order granting summary judgment was still pending, Dillard's filed a motion in the district court seeking attorney's fees and litigation expenses from Cordoba and her attorneys under the ADA's fee-shifting provision, 42 U.S.C. § 12205; 28 U.S.C. § 1927; and the court's inherent power. The district court granted Dillard's motion, Cordoba v. Dillard's, Inc., 2003 WL 21499011 (M.D.Fla. June 12, 2003), and subsequently ordered Cordoba to pay $10,000 in attorney's fees and litigation expenses and $9,579.95 in costs¹ and her attorney, Bernard H. Dempsey, Jr., to pay $191,339.95 in attorney's fees and litigation expenses. Cordoba and Dempsey appealed, and we now reverse.

I.

A. Cordoba's Termination

In October 1997, Dillard's hired Cordoba as a sales associate in the lingerie department of its store in the Seminole Towne Center shopping mall in Sanford, Florida. The position required no special skills, and the parties agree that Cordoba was a competent employee. Cordoba earned between $8 and $9.70 per hour while at Dillard's.

Cordoba was one of about 250 employees in the Sanford store. The store is managed by a store manager, who is assisted by an operations manager. The operations manager has the authority to discipline and terminate employees. Each department within the store is managed by an area sales manager (ASM), who reports directly to the store manager. At the time of Cordoba's termination, her immediate supervisor was Tambrina Stossel, the ASM in charge of the lingerie department. The store's operations manager was Kathy Groo.

On June 17, 2000, a customer approached Cordoba to return a nightgown. Because Cordoba had some concerns as to whether the nightgown matched the customer's receipt or was even Dillard's merchandise, she felt that she should consult an ASM before accepting it for a refund. Stossel was not in the store, so Cordoba called Edye Sebben, the ASM in charge of another department. Cordoba claims that Sebben was rude to her and caused unnecessary delay in processing the return. Sebben, however, says that she was completely professional and that Cordoba inexplicably refused to give her necessary information about the nightgown over the phone. In any event, Sebben eventually authorized a refund and, sensing that Cordoba was unhappy, asked Cordoba whether she liked working at Dillard's. Cordoba, in essence, replied that she hated working at Dillard's and continued to do so only because she needed the insurance.

Cordoba insists that she gave a "sarcastic" response to what she perceived to be Sebben's unwarranted hostility. Sebben, in contrast, took Cordoba's declaration at face value and said that she was "shocked." Sebben mentioned the incident to Stossel when she saw her two days later. Stossel, in turn, insisted on taking the matter to Groo. After Sebben and Stossel related the incident to Groo, Groo asked Stossel to accompany Cordoba to Groo's office to discuss the matter.

When Stossel and Cordoba arrived in Groo's office, Groo asked Cordoba about the incident with Sebben, and Cordoba admitted saying that she hated working at Dillard's. Groo says that she "was surprised that [Cordoba] had no explanation . . . or apology" for her behavior. Cordoba, however, says that she explained that Sebben had "verbally attacked" her and that her response was merely sarcastic. In any event, Groo, Cordoba, and Stossel all agree as to what transpired next: Groo told Cordoba that if she did not like her job, she could no longer work at Dillard's. Cordoba says that she then tried to persuade Groo to reconsider, explaining that she worked very hard and would not have continued at Dillard's for three years if she did not like her job. According to Cordoba's own affidavit, her pleas were to no avail: "Ms. Groo did not want to hear my explanation. She just kept interrupting me and telling me that if I did not like my job I could not work at Dillard's. While refusing to listen to me, Ms. Groo handed me my termination papers."

B. Cordoba's Heart Condition

In January 2000 (while she was still working at Dillard's), Cordoba was diagnosed as suffering from supraventricular tachycardia (SVT), a congenital heart disorder. During an SVT episode, Cordoba's heart would palpitate rapidly, sometimes at a rate of more than 200 beats per minute. During her employment at Dillard's, these episodes were sporadic, sometimes occurring only every few months and sometimes occurring every few days. Sometimes the episodes lasted only a few minutes, while others lasted an hour or more. Generally, Cordoba was able to abate the episodes herself through breathing exercises and massage. After an episode, she usually felt dizzy and fatigued. Cordoba claims to suffer from an unusually severe form of SVT. Additionally, she claims that her medications have caused various other problems, including hair loss, leg pains, and hot flashes. Cordoba discussed her condition with several of her Dillard's coworkers on a number of occasions.

Cordoba first consulted a doctor about her condition in July 1998, but the doctor was unable to determine its precise cause. In August 1998, the doctor had Cordoba wear a heart monitor for twenty-four hours. Cordoba describes the monitor as "plainly visible," and at least one co-worker noticed it and recalled discussing it with her. For several months, the doctor prescribed a variety of medications for Cordoba, but these drugs had undesirable side effects and failed to control her condition fully. In May 1999, for example, Cordoba had to leave work and go to the hospital because of an episode. In January 2000, she again had to leave work as the result of an episode. It was on this occasion that an emergency-room doctor finally diagnosed her as having SVT. As a result, Cordoba's doctor prescribed a more potent combination of medications and referred her to a cardiologist. In March 2000, the cardiologist recommended that she undergo a surgical procedure called a catheter ablation, which would sever the defective cardiac circuit responsible for her SVT episodes. Cordoba scheduled the surgery for the summer of 2000.

Stossel was aware of Cordoba's condition, as the two had discussed it on at least a few occasions. Specifically, Cordoba says that she told Stossel that she had been diagnosed with SVT, that she would be undergoing surgery to alleviate the condition, and that she would need a couple of weeks off to recuperate. Cordoba recalls Stossel being "curious" and wanting "to know exactly what would go on during the procedure" because Stossel had a similar condition and took similar medications. At least once, Stossel noticed Cordoba sitting down during work, and Cordoba explained that she was resting because she was experiencing palpitations. Also, because Stossel was her supervisor, Cordoba reported to Stossel when she had to leave work because of an attack. Finally, Cordoba says that Stossel was her supervisor in January 2000 when an episode forced her to leave work and go to the emergency room. Stossel recalls discussing Cordoba's condition and upcoming procedure with her, but says that she was not Cordoba's supervisor at the time of her January 2000 trip to the emergency room.

In March or April 2000, Cordoba asked Stossel for a reduction in hours and requested that she not have to work nights because her medication was causing her to feel fatigued. Stossel told Cordoba that she could not fulfill these requests immediately because doing so would require hiring a new employee. A month or so later, Dillard's honored Cordoba's requests.

As operations manager, Groo had very little contact with Cordoba and averred that she "had absolutely no inkling . . . Cordoba had any health problems." Cordoba produced no evidence that directly contradicted Groo's testimony. In October 1998, Groo met with Cordoba about some unexcused absences and tardies. Cordoba recalls explaining to Groo that she "had been sick and . . . was going to a lot of doctors' appointments and getting a lot of testing done." She told Groo that the doctors were not sure what was wrong with her, as they had not yet been able to diagnose her condition. At her deposition, Groo did not specifically recall this meeting, but her records did indicate that it had taken place. Cordoba does not claim to have discussed her condition with Groo on any other occasions. Stossel and Groo both stated that they never discussed Cordoba's condition, and Groo was not aware that Cordoba had requested or received a reduction in hours. Finally, nothing in Cordoba's personnel file indicates that she been diagnosed with SVT or even had a heart condition.

II.

A. Cordoba's ADA/FCRA Claims

In September 2001, Cordoba filed suit against Dillard's under the ADA and the FCRA,...