Fitch v. Solipsys Corp., Civil No. AMD 99-1507.

• Decision Date: 06 April 2000
• Docket Number: Civil No. AMD 99-1507.
• Citation: 94 F.Supp.2d 670
• Parties: Keith W. FITCH, Plaintiff, v. SOLIPSYS CORPORATION, Defendant.
• Court: U.S. District Court — District of Maryland

94 F.Supp.2d 670

Keith W. FITCH, Plaintiff, v. SOLIPSYS CORPORATION, Defendant.

Civil No. AMD 99-1507.

United States District Court, D. Maryland.

April 6, 2000.

Stephanie Gordon Posner, Scott A. Thomas, Lawrence J. Quinn, Tydings & Rosenberg, LLP, Baltimore, MD, for Plaintiff.

Timothy F. McCormack, Hoffberger & Hollander, LLC, Baltimore, MD, for Defendant.

MEMORANDUM

DAVIS, District Judge.

The plaintiff, Keith W. Fitch, has brought suit against his former employer, defendant Solipsys Corporation ("Solipsys"), alleging disability discrimination under the Rehabilitation Act of 1973, 29 U.S.C. § 793, and the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. In addition, Fitch claims that while he worked at Solipsys, he opposed discrimination at the company on the basis of race and gender and was terminated in retaliation for this opposition in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Fitch has also brought several state law claims based on supplemental jurisdiction. See 28 U.S.C. § 1367.

Specifically, Fitch contends that although the three principals of Solipsys, Warren Citrin, David Buscher and Robert Thurber, knew that he had a heart condition and a lifting restriction when they hired him, they refused to accommodate his disability when he began to request that they do so some ten months after commencing work at Solipsys. Instead, he alleges, they launched a campaign of disability harassment, they demoted him, they sought to build a record upon which to terminate his employment, and they did terminate him, in part because of his disability, and, in part, because he protested when Citrin made sexist or racist remarks. Fitch seeks injunctive relief, back pay, compensatory and punitive damages and attorney's fees.

Pending before the court is Solipsys' motion for summary judgment.¹ I have carefully considered the parties' memoranda and exhibits; no hearing is necessary. For the reasons stated below, I shall grant summary judgment to Solipsys on all federal claims. I shall decline to exercise supplemental jurisdiction over the state law claims and I shall dismiss those claims without prejudice.

(i)

Pursuant to Fed.R.Civ.P. 56(c), summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A fact is material for purposes of summary judgment, if when applied to the substantive law, it affects the outcome of the litigation. Id. at 248, 106 S.Ct. 2505. Summary judgment is also appropriate when a party "fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

A party opposing a properly supported motion for summary judgment bears the burden of establishing the existence of a genuine issue of material fact. Anderson, 477 U.S. at 248-49, 106 S.Ct. 2505. "When a motion for summary judgment is made and supported as provided in [Rule 56], an adverse party may not rest upon the mere allegations or denials of the adverse party's pleading, but the adverse party's response, by affidavit or as otherwise provided in [Rule 56] must set forth specific facts showing that there is a genuine issue for trial." Fed.R.Civ.P. 56(e). See Celotex Corp., 477 U.S. at 324, 106 S.Ct. 2548; Anderson, 477 U.S. at 252, 106 S.Ct. 2505; Shealy v. Winston, 929 F.2d 1009, 1012 (4th Cir.1991). Of course, the facts, as well as the justifiable inferences to be drawn therefrom, must be viewed in the light most favorable to the nonmoving party. See Matsushita Elec. Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 587-88, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The court, however, has an affirmative obligation to prevent factually unsupported claims and defenses from proceeding to trial. See Felty v. Graves-Humphreys Co., 818 F.2d 1126, 1128 (4th Cir.1987).

(ii)

Drawing all reasonable inferences in favor of Fitch, the following constitutes a summary of the facts of the case.

Fitch is a 37 year-old Caucasian who, at the age of 15, underwent a surgical procedure for the correction of a coarctation of the aorta. He also has a deteriorating bicuspid heart valve. Fitch's surgery was successful and has allowed him to enjoy an active lifestyle, however, his doctor has restricted him from lifting more than forty pounds or from engaging in any other isometric exercise. Fitch is an engineer who, from June 1996 until February 13, 1998, when his employment was terminated, worked as Director of Computer Systems at Solipsys.

Fitch worked with the principals of Solipsys at the Johns Hopkins Applied Physics Laboratory before they formed Solipsys in early 1996. The principals, Citrin, Buscher and Thurber, all knew of his heart condition, but recruited him to be the Director of Computer Systems at Solipsys soon after it was formed. Upon his hiring in June 1996, Fitch provided Solipsys a letter from his doctor memorializing his 40 pound lifting and isometric exercise restrictions.

While Fitch's papers are somewhat unclear about where and when the following incident took place, drawing all inferences favorably to Fitch, I assume that this incident happened, and it does not matter where or when. Sometime in Spring or Summer 1997, Fitch worked on a Marine Corps project during which he installed and deinstalled computer equipment. He was usually the only Solipsys employee at the site and the job required lifting 100 pounds and over. He asked Buscher for an accommodation in the form of assistance for moving the heavy equipment. Buscher flew in his 18 year-old son and another teenager, Brad Wolters, to help. However, the teenagers showed up late to help because they spent the previous night drinking. Buscher's son arrived that day saying his father told him that Fitch was a "cripple" and "not to take any shit from him." Consequently, Fitch had to move most of the equipment himself, and he later complained to Citrin and Buscher about the lack of accommodation.

On another occasion, in September 1997, Fitch had to move heavy equipment from Gulfport, Mississippi, to Fort Walton Beach, Florida, with no assistance, and he later deinstalled all of this equipment. On this occasion, Citrin saw him and remarked, "I guess you should not be doing this type of work."

Sometime in October 1997, Fitch objected to Solipsys employees' use of "Government Furnished Equipment" for non-government projects, and Citrin said he would "kick his ass" if he interfered.

On October 14, 1997, Citrin told Fitch that certain Solipsys employees were having trouble working with him and that the principals of the firm were dissatisfied with aspects of his work. Later that day, Fitch e-mailed Citrin, saying he would no longer do the job of computer procurement unless 11 conditions were met.

On November 12, 1997, Fitch had an argument with Christopher Smith, a recent college graduate who was in charge of employee reimbursements at the firm. Smith was inexperienced and overwhelmed by his job and made frequent mistakes. Fitch asked him where his most current reimbursement was and Smith told him, mistakenly, that he owed Fitch nothing. Fitch yelled at Smith and called him a liar.² Fitch stormed out of Smith's office and departed the workplace.

In November 1997, during a meeting at Solipsys, Buscher made a statement to the group, which I assume for the purposes of this motion was directed at Fitch, that he would not follow the ADA regarding an alcoholic employee, because the ADA was for a bunch of "cripples."

In December 1997, Fitch objected to a comment Citrin made about an employee named Jan Blacka, outside of her presence, that she had looked "exceptionally sexy" that morning with her hair wet when she bent over to check some computer plugs. Fitch told Citrin remarks like that could get the company in trouble. At some point during Fitch's employment, Citrin made a remark to him and Eric Conn while they were traveling on a business trip. On this occasion, Citrin stated that he wanted to replace the general administrative staff with big breasted women. Again, Fitch objected to the sexist remark. On two occasions, once in November 1997 and once in December 1997, Citrin made a remark that too many black people are having children and not enough white people.

In September or October of 1997, and again in January 1998, Fitch requested Solipsys to remove him from the Marine Corps project as an accommodation for his health limitations. On January 13, 1998, Fitch e-mailed Citrin complaining that his "work is not appreciated," he is underpaid, and citing "hundreds of reasons" why he is dissatisfied and wants off the Marine Corps project. Citrin met with Fitch that same day and asked him to reconsider his request to be removed from Marine Corps project, and told him that he should look for another job if he was unwilling to comply. He offered Fitch a generous severance package. Citrin e-mailed the other principals, explaining that Fitch's situation was not improving and that Fitch was increasingly frustrated with incorrect invoices and other business management problems. Citrin speculated, "[m]y guess is that Keith is basically depressed and can't be satisfied regardless of anything we do. He will probably leave in the near future. I would hesitate to include him in anything important." Citrin removed Fitch from his Marine Corps project later that day.

On January 15, 1998, Fitch e-mailed Citrin saying he was confused and offended by the severance offer. In this e-mail, he acknowledged that he had been in "a lousy mood for the past several months,"...