Faiola v. APCO Graphics, Inc.

• Citation: 629 F.3d 43
• Decision Date: 10 December 2010
• Docket Number: No. 10-1137,10-1137
• Parties: Karen FAIOLA, Plaintiff, Appellant, v. APCO GRAPHICS, INC., Defendant, Appellee.
• Court: United States Courts of Appeals. United States Court of Appeals (1st Circuit)

629 F.3d 43

Karen FAIOLA, Plaintiff, Appellant,
v.
APCO GRAPHICS, INC., Defendant, Appellee.

No. 10-1137.

United States Court of Appeals,
First Circuit.

Heard Nov. 3, 2010.
Decided Dec. 10, 2010.

629 F.3d 45

Corinne Hood Greene for appellant.

Matthew J. Griffin, with whom Philip M. Cronin and Peabody & Arnold LLP were on brief, for appellee.

Before BOUDIN, SELYA and STAHL, Circuit Judges.

STAHL, Circuit Judge.

Karen Faiola brought suit against her former employer, APCO Graphics, Inc. ("APCO"), for wrongful termination on the basis of disability in violation of Title I of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., and the Massachusetts analogue, Mass. Gen. Laws ch. 151B ("Chapter 151B"). The district court granted summary judgment in favor of APCO because Faiola failed to show that she was disabled within the meaning of the statutes. We affirm.

I. Background

Because this is an appeal from a grant of summary judgment, we recite the facts in the light most favorable to Faiola, the nonmovant, and resolve all reasonable inferences in her favor. Stonkus v. City of Brockton Sch. Dep't, 322 F.3d 97, 102 (1st Cir.2003).

APCO is a commercial sign-maker headquartered in Atlanta, Georgia. It maintains a regional office in Franklin, Massachusetts, serving the New England territory. From November 1991 to February 2007, when Faiola was terminated, Faiola worked as a sales representative and manager of APCO's Franklin office. She was responsible for meeting or exceeding sales quotas; making periodic factory visits; managing her sales assistant; and maintaining the office by, for example, "dumping the trash" and "keeping up a good appearance" in the showroom. Faiola reported to Teresa Cox, APCO's vice president of sales and marketing.

In 2003, Faiola's work performance at APCO began to decline. From 2003 to 2006, Faiola met only forty to sixty-six percent of her annual sales quotas and performed as one of APCO's lowest grossing sales representatives nation-wide. In 2005, Cox informed Faiola that the New England territory had the lowest sales volume and that Faiola needed to improve her performance. In March 2006, Cox requested that Faiola take an aptitude test because her sales were in a "slump."

The summary judgment record indicates that during periods of her employment, Faiola suffered from ongoing mental health conditions and a bout of high blood pressure. Dr. Karen Dempsey, a psychotherapist, treated Faiola from May 2004 until September 2007. During her first visit with Faiola, she recorded that Faiola was "sad, [ ] low energy, disorganized, anxious, [and] forgetful." She diagnosed Faiola with dysthymia, a low level depression that is not incapacitating, and over the course of treatment, she prescribed various medications for Faiola, including Prozac and Klonopin.

Faiola's dysthymia went into remission in April 2006 and reappeared by April 2007. Dr. Dempsey found that although Faiola experienced stress and anxiety in early January 2007, due to the breakup of a long-term relationship and concern over her father's ailing health, there were no signs of depression. At no point did Dr. Dempsey diagnose Faiola with classic depression or an anxiety disorder. Additionally, Dr. Dempsey never found that Faiola was prevented from engaging in any of life's typical activities, nor did she ever place work limitations or physical restrictions on Faiola.

Barbara Gray, a clinical social worker, began counseling Faiola in 1991. She noted

629 F.3d 46

that in January 2007, Faiola presented herself with "low energy" and was "mentally exhausted" from her relationship troubles and concern for her father. Again, however, the record indicates that despite these events, Faiola was "stable" and "able to go about [her] life."

Faiola began treatment with Dr. Edward Levitan in September 2006 after she tested her blood pressure at a CVS pharmacy and found the reading high. Dr. Levitan prescribed medication for Faiola, and, by early March 2007, Faiola's blood pressure returned to normal range. At no point did Dr. Levitan instruct Faiola to limit her daily activities or avoid travel by airplane.

Faiola testified in her deposition that throughout her tenure at APCO and despite her various mental and physical health conditions, she was "always able to perform [her work] activities and roles" and "all the essential aspects of [her] job." She walked three miles a day, traveled by airplane both for work and pleasure, and in 2006, she took a second job selling insurance. Since her termination, Faiola has made business trips to Orlando, Florida and Atlantic City, New Jersey.

Faiola's wrongful termination allegations stem from events that occurred in February 2007. On February 2, 2007, Faiola received an e-mail from APCO employee Andrea Blackwood regarding logistics for an upcoming annual sales conference in Atlanta. Faiola reported to Blackwood that she was "going through a personal crisis" and was "not sure if [she was] going to be up to" the conference, and she specifically informed Cox that she was going through a "rough time." Faiola did not reference any health conditions that prevented her from attending the conference, nor did she reference the conference itself when she e-mailed Cox.

On February 21, 2007, Cox traveled to the Franklin regional office for a scheduled visit. During the visit, Cox and Faiola met with customers around the territory. In conversation with Cox during the day, Faiola raised some issues that she experienced with certain APCO products. That night at dinner, Faiola and Cox discussed Faiola's personal problems and her medical conditions. Faiola told Cox that Dr....