Daniels v. Wal-Mart Assocs., Inc.

Decision Date18 February 2021
Docket NumberCIVIL ACTION NO. 19-11357-RGS
PartiesNANCY DANIELS v. WAL-MART ASSOCIATES, INC., and GLORIA TAYLOR
CourtU.S. District Court — District of Massachusetts
MEMORANDUM AND ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

STEARNS, D.J.

In March of 2018, defendant Wal-Mart Associates, Inc. (Walmart) terminated plaintiff Nancy Daniels after issuing her several written warnings regarding her intemperate behavior towards customers and other associates. Daniels contends that defendant Gloria Taylor, a Walmart Human Resources Manager and one of her supervisors, issued her unwarranted discipline, gave her an unfair evaluation, assigned her an untenable work schedule, and refused to accommodate her medical conditions. After being terminated, Daniels, on June 19, 2019, filed this lawsuit. Daniels asserts claims under the Family and Medical Leave Act (FMLA); a failure to accommodate her disabilities (cancer, anxiety, and depression); wrongful termination based on age and disability discrimination; and retaliation under state and federal law.1

Defendants move for summary judgment asserting that Daniels's federal and state discrimination claims "are unfounded" as, early in 2018, the essential working hours of Daniels's training coordinator position were modified to incorporate night and weekend shifts to enable her to train associates who worked those shifts. Further, defendants contend that Daniels "never requested an accommodation that was reasonable," and, notwithstanding, Walmart "complied with its accommodation obligations" by suggesting Daniels apply for a position with a Monday to Friday/ 7 a.m. to 4:00 p.m. schedule. Defs.' Reply at 2.

BACKGROUND

The relevant facts, viewed in the light most favorable to Daniels as the nonmoving party, are as follows.2 Daniels joined Walmart on March 19,1995, working in the layaway department of its Bellingham, Massachusetts store. On June 15, 2003, Daniels was promoted to the position of training coordinator. While she performed intermittent duties as a cashier, site-to-store facilitator,3 customer service representative, and substitute for vacationing department managers, the focus of Daniels's position (approximately 4/5 of her time), was on hiring,4 conducting new-hireorientations (4 to 8 hours), and training compliance - ensuring that employee and new hire associates completed and abided with training protocols.5 See Daniels Dep. at 42-43; Taylor Dep. at 67-69. Most of the events that underly Daniels's claims happened during the time that she reported to Judy Grayko, the assistant Bellingham store manager, Gloria (Denise) Taylor, the Human Resources manager, and David Rappa, the store manager.6

In November of 2014, Daniels was diagnosed with cancer. She had surgery in January of 2015 and, after submitting the requisite medical documentation to Sedgwick Claims Management Services (Sedgwick), she took two weeks of FMLA leave (January 8 to 15, 2015) to recover.7 Also inJanuary of 2015, Daniels applied to Sedgwick for "intermittent leave[s] of absence" starting in February of 2015 to undergo radiation treatments. Sedgwick approved both leave requests. Daniels underwent daily radiation treatments for approximately six weeks (February 10 to March 18, 2015). Compl. ¶¶ 25-26. Daniels scheduled her radiation treatments at 3:30 in the afternoon so that she could complete her 7:00 a.m. to 3:00 p.m. shift. She also undertook oral chemotherapy as part of a clinical drug trial, and in May of 2017, was prescribed "a ten-year program of cancer treatment medications." Id. ¶¶ 27-28.

Work Schedule/Reasonable Accommodation

Daniels states that her "cancer condition and necessary treatment seriously impacted her ability to eat, sleep, think, concentrate, walk and work . . . ." Id. ¶ 30. "[S]uffering from severe fatigue and a chronic low blood count, [s]he often had brain fog . . . especially in the evenings." Id. ¶ 29. Daniels also endured "neuropathy in her extremities, hot flashes, eating difficulties, lowered immune system defenses[,] . . . headaches," and joint aches. Id. In addition, Daniels suffered from panic attacks, anxiety, and depression which interfered with her ability to think clearly, focus, andremember.8 Because of the side effects of her treatment, Daniels "informed her supervisors that she could not work nights or weekends . . . and needed two days off in a row to recover from the fatigue working caused [her]."9 Id. ¶ 34.

Taylor testified that during most of Daniels's tenure as a training coordinator, she functioned as "the personnel coordinator's assistant." Taylor Dep. at 63. But in 2017, the two positions became more independent.The personnel coordinator focused on recruiting, arranging interviews, and enrolling employees for benefits, including "signing up for benefits, . . . open enrollment[,] . . . [and educating employees] on any changes in benefits." Id. at 64. The principal duty of the training coordinator "was the onus . . . to do orientations and computer-based learning." Id. at 67-68. Taylor stated that the Bellingham store was consistently understaffed, and there was a "big push to hire more part-timers." As most part-timer employees worked evenings or weekends, the work schedule of the training coordinator was altered to add one evening and one weekend shift. Taylor announced the schedule change in a group meeting of personnel and training coordinators.10 Id. at 79. The training coordinators received a handout regarding the schedule change and a "mock evaluation" regarding their new job expectations. Id. at 109. The training coordinators also received bulletins regarding the schedule change in Walmart's One Best Way notices (its store operations web site guidelines for employees).

Daniels complains that, while her evaluations had always been completed by a manager in the Bellingham store, in August of 2017, Taylorinserted herself into the process.11 Taylor testified that she did so as part of a "mock" evaluation designed by regional Human Resources (HR) to enable the training coordinators to "understand . . . exactly what they were tasked to do in [their new] position." Taylor Dep at 155. During the evaluation, Taylor reviewed Daniels's accomplishments (94.44% training completion rate; "Nancy is very structured and organized") and offered improvement suggestions ("[s]hould add . . . coaching by walking around"; "[s]hould inform associates of their assessment needs and keep ASM informed of their process"; and "should expand her availability to interact with evening and weekend associates"). Daniels remembers only that Taylor "was pushing the nights and weekend thing." Daniels Dep. at 142-143, 146-147. Daniels disagreed that interacting with associates working nights and weekends "was necessary to the function of her job."12 However, she testified that "it wasn'tup to [her] to decide that anyway." Id. at 147. Rappa testified that "there was value in asking training coordinators to work alternate shifts to be available to all associates." Some associates "wouldn't come in until the evenings or the weekends so . . . their ability to cross paths and train was limited." Rappa Dep. at 67-68.

For her part, Taylor testified that in August of 2017, Debra Yssa, an HR manager, informed her that, because Walmart was focused on hiring more minors and part-time associates to cover the over-night and weekend shifts, the training coordinators would be required to work at least one evening and weekend shift each week to orient and train these new employees. See Taylor Dep. at 70, 72, 75-76. HR also asked Taylor "to conduct a special performance assessment of all Training Coordinators in her market." Defs.' SUMF ¶ 57; Taylor Dep. at 162-163. Taylor states that during the August 11, 2017 review, she told Daniels that she needed to be available to work "third shift and weekend hours" starting in January of 2018. Instead of working Monday through Friday, 7:00 a.m. to 4:00 p.m., Daniels would be required to work 11:00 a.m. to 8:00 p.m. on Tuesdays and 7:00 a.m. to 4:00 p.m. on Saturdays, with Thursdays and Sundays off.

When Daniels complained to Grayko about the schedule change, citing her persistent drug-related fatigue, she states that Grayko responded that"these hours are set in stone. You have to work these hours if you want this position." Daniels Dep. at 178. Nevertheless, between January and March 5, 2018 (with reminders from Daniels), Grayko continued to except Daniels from the new schedule start date.

At some point after the mandated new start date, Taylor "was speaking with Paula [Branchaud] and somehow the conversation came up that [Daniels] was still working 7 to 4." Taylor Dep. at 80. Taylor called Rappa to tell him that "the other training coordinators are working the new schedule, and to be fair and consistent." Id. at 80. Rappa replied that Daniels "was refusing to do it." Id. at 79. Taylor gave Rappa a deadline for Daniels to begin the new schedule but suggested that, if she did not want to work the new schedule, she should apply for a department manager position. Rappa responded that Daniels "didn't want to do that." Id. at 81.

Grayko testified that she also suggested to Daniels that she look at other positions at Walmart that did not require night and weekend hours, notifying her that a position was available as the intimate apparel department manager.13 Grayko Dep. at 132-133; Daniels Dep. at 201-202.Grayko testified that she also suggested to Daniels that "if she needed an accommodation for something, that she could put in for that." Grayko Dep. at 133. Daniels has a different recollection, stating that when she offered to obtain a doctor's note, Grayko told her not to bother asking management for an accommodation with respect to a no nights or weekends schedule because "there's no point because [Taylor's] not going to bend." Daniels Dep. at 169, 178, 183. Daniels claims that she repeatedly told management, including Taylor, about her inability to work the new...

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