Equal Emp't Opportunity Comm'n v. Mfrs. & Traders Trust Co.

• Decision Date: 10 September 2019
• Docket Number: Civil No. ELH-16-3180
• Citation: 402 F.Supp.3d 201
• Parties: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. MANUFACTURERS AND TRADERS TRUST COMPANY d/b/a M&T Bank, Defendant.
• Court: U.S. District Court — District of Maryland

402 F.Supp.3d 201

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,

v.MANUFACTURERS AND TRADERS TRUST COMPANY d/b/a M&T Bank, Defendant.

Civil No. ELH-16-3180

United States District Court, D. Maryland.

Signed September 10, 2019

Chioma Ifeyinwa Chukwu, Debra Michele Lawrence, Maria Salacuse, U.S. Equal Employment Opportunity Commission, Baltimore, MD, for Plaintiff.

Daniel Zev Herbst, Reed Smith LLP, Washington, DC, Betty Sinclaire W. Graumlich, Pro Hac Vice, Mark J. Passero, Pro Hac Vice, Reed Smith LLP, Richmond, VA, Catherine S Ryan, Pro Hac Vice, Reed Smith LLP, Pittsburgh, PA, for Defendant.

Ellen L. Hollander, United States District Judge

MEMORANDUM OPINION

In this hotly contested employment discrimination case, the Equal Employment Opportunity Commission (the "EEOC") filed suit against Manufacturers and Traders Trust Company d/b/a M & T Bank ("M & T" or the "Bank") to obtain "appropriate relief" for Candace McCollin," a former employee of M & T. ECF 1 ("Complaint") at 1. The EEOC claims that M & T violated the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008 ("ADA"), 42 U.S.C. §§ 12112(a) and (b), by failing to provide reasonable accommodations to McCollin and by terminating her employment because of her disability, cervical insufficiency.

ECF 1, ¶¶ 13-14, 33. In particular, the EEOC contends that, after McCollin received clearance from her doctor to return to work following the birth of her baby, M & T failed to reassign her to a vacant position for which she was qualified and then terminated her. Id. ¶¶ 28, 36-37. The EEOC seeks back pay with prejudgment interest for McCollin, as well as "front pay," reinstatement, compensatory damages, punitive damages, and injunctive relief. Id. at 7-8.

At the conclusion of extensive discovery (and many discovery disputes), the parties filed cross-motions for summary judgment, which have been fully briefed. Specifically, plaintiff moved for summary judgment (ECF 63), supported by a memorandum (ECF 63-1) (collectively, the "EEOC Motion") and voluminous exhibits. ECF 63-2 to ECF 63-37. The Bank filed a combined opposition to the EEOC Motion and a cross motion for summary judgment (ECF 66), supported by a memorandum (ECF 66-1) (collectively, the "Bank Motion") and numerous exhibits. ECF 66-2 to ECF 66-33. The EEOC filed a combined reply in support of its motion and an opposition to the Bank Motion (ECF 70), along with many additional exhibits. ECF 70-1 to ECF 70-49; see also ECF 71. The Bank filed a consolidated reply in support of its own cross motion and in opposition to the EEOC Motion (ECF 72), along with more exhibits. ECF 72-2 to ECF 72-13; see also ECF 73.¹

The Bank has also moved to strike (ECF 67) EEOC exhibits 14 and 17, i.e. , ECF 63-15 and ECF 63-18. The motion to strike concerns the declarations of Duane Carr and Kandee Smith. The EEOC opposes the motion to strike. ECF 68. M & T has replied. ECF 69.

No hearing is necessary to resolve the motions. See Local Rule 105.6. For the reasons that follow, I shall grant the EEOC Motion (ECF 63) as to the failure to accommodate claim, but deny the EEOC Motion as to the unlawful discharge claim. Conversely, I shall deny the Bank Motion (ECF 66) as to the failure to accommodate claim, but grant it as to the unlawful discharge claim. Further, in making my decision, I do not find it necessary to rely upon the disputed declarations. Therefore, I will DENY, as moot, the Bank's motion to strike the declarations of Carr and Smith. ECF 67.

I. Factual and Procedural Background²

McCollin, a high school graduate, gave birth to her first child in 1998, without complications. ECF 63-1 at 5.³ In 1999, she was diagnosed with abnormal cells in her cervix, which were removed by a loop electrosurgical excision procedure

("LEEP"). ECF 63-1 at 5; ECF 66-1, ¶ 10. The year after the LEEP procedure, McCollin suffered her first miscarriage, which occurred during her first trimester. ECF 63-1 at 5.

In 2001, McCollin began her career in retail banking as a bank teller. ECF 63-1 at 4. She was hired as a relationship banker with Provident Bank in 2002, and rose to the level of assistant branch manager in 2004 and branch manager in 2007 at an in-store branch, Mondawmin Mall Shoppers. Id. at 4.⁴

In 2008, McCollin suffered her second miscarriage, at around 19 weeks. ECF 63-1 at 5. At that time, she was diagnosed with an incompetent cervix

. Id. at 6.

M & T Bank, headquartered in Buffalo, New York, is one of Baltimore's largest employers. Id. It acquired Provident Bank in 2009. Id. at 4-5. M & T retained McCollin as branch manager of Mondawmin Mall Shoppers. Id. at 4-6; ECF 66-1 at 13. In 2010, while McCollin was employed by M & T, she suffered her third miscarriage, at about 20 weeks. ECF 63-1 at 6.

In 2012, M & T announced its intention to close the Mondawmin Mall Shoppers branch as part of its process of closing all of its in-store branches by 2014. Id. at 5-6; ECF 66-1 at 14. McCollin applied for a vacant branch manager position at M & T's Edmonson Village branch, a traditional retail banking branch, and on October 10, 2012, she was selected to fill the position by Regional Retail Sales Manager Anne Bartolotta.⁵ See ECF 63-2 (McCollin Decl.), ¶ 2; ECF 63-8 (Dep. of Bartolotta) at 4:25-5:4.

The Bank maintains an equal employment opportunity ("EEO") policy. Melissa Thompson, M & T's Corporate Programs Manager, is responsible for the Bank's EEO program. ECF 63-1 at 7; ECF 63-14 (Thompson Dep.) at 3. It "provide[s] equal employment opportunities to all employees and applicants without regard to ... disability" and provides for "reasonable accommodation[s] to qualified individuals with disabilities." ECF 63-13 at 2, 4. Moreover, the Bank provides leave and job reassignment as reasonable accommodations. ECF 66-2 at 2-3 (Thompson Decl.); ECF 66-2 at 4-7 (M & T EEO Policy). Defendant's Employee Relations Department ("ERD") is responsible for enforcing its EEO policy, including reasonable accommodation requests.

M & T's disability and Family Medical Leave Act ("FMLA") programs are administered through UNUM, a third-party provider. ECF 63-13 at 7; ECF 66-2 at 9. Pursuant to Bank policy, employees must notify their managers prior to taking FMLA and/or short-term disability ("STD") leave, along with the dates of their anticipated leave. Employees unable to return to work by 26 weeks after commencing STD are eligible for long-term disability ("LTD") benefits. ECF 63-13 at 8. The Bank permits up to 24 months' LTD leave before terminating employees unable to return to work. Id. Prior to returning to work, these employees must submit medical release forms indicating their restrictions, if any. Id. "If benefits are denied earlier than 24 months, the employee may return to work based on position availability." Id.

M & T also has a Replacement Policy to ensure adequate staffing. Pursuant to the Replacement Policy, a manager may request permission to replace an employee who has been on leave for at least 16 weeks, if justified by business need. ECF 66-3 (Thompson Dep.) at 10, 15, 31. If Employee Relations ("ER") approves the replacement request, M & T notifies the employee by mail, advising that M & T can no longer hold open the position, and asking if the employee is currently able to return to work, with or without an accommodation. ECF 66-3 at 9; ECF 66-5 (letter of 4/4/13 from Bank to McCollin); ECF 66-6 (McCollin Dep.) at 31-33. The employee has 10 business days to respond. ECF 66-3 at 15-16. If the employee is unable to return to work, M & T begins the process of replacing the employee. ECF 66-5; ECF 66-3 at 14-15.

If an employee is released to return to work within 90 days after the replacement request, M & T will place that employee in a job, without competition. ECF 66-3 at 17-19, 21-24. However, an employee who returns to work after the initial 90-day period must seek a new position through M & T's Redeployment Policy.⁶ That policy assists employees in finding a new position if they are "returning from an extended leave of absence, within 24 months of his/her first day of leave, whose position was replaced due to the staffing needs of the business." ECF 66-7 (Redeployment Policy); ECF 66-3 at 20-23; ECF 66-4 (Replacement Request Form); ECF 66-8 (John Burke Dep.) at 6; ECF 66-9 (Diane Robinson Dep.) at 6-7.

Pursuant to the Redeployment Policy, employees search independently and apply for vacant positions through M & T's online job posting system with the aid of M & T's talent acquisition team and a third-party vendor, Career Partners International ("CPI"). ECF 66-7; ECF 66-3 at 22; ECF 66-9 at 6-7. Notably, if an employee does not obtain a position at M & T within 30 days of being released to return to work, with or without an accommodation, his or her status as an employee ends. Nevertheless, the individual may continue to apply for positions for another 60 days with the assistance of the talent acquisition team and CPI. See ECF 66-5 at 2; ECF 66-10 (Arthur Salman Rule 30(b)(6) Dep.) at 6-7.

In addition, the Bank utilizes a "float pool," which consists of tellers and relationship bankers, to provide additional employee coverage. ECF 63-4 (McCollin Dep.) at 17. The parties dispute whether it includes other employees as well. Compare ECF 63-1 at 35 with ECF 66-1 at 16. And, when necessary, the Bank may hire temporary workers to satisfy temporary staffing needs. ECF 63-16 at 13:18-25.

M & T considers applicants for job postings in the following order of priority: (1) Workforce Restructure employees, which includes employees whose jobs have been eliminated or are subject to the Redeployment Policy; (2) internal employees; (3) employee referrals; and (4) external applicants. ECF 66-1 at 12; ECF 66-11 (Skowronski Dep.) at 9:1-10:9, 20:1-10; ECF 66-3 (Thompson Dep.) at 25:23-26:9; ECF 66-12 (Kristen Lucia Rule 30(b)(6) Dep.) at 9:12-16.

The Bank's Redeployment Policy provides "preferred consideration" to employees, meaning recruiters...