Franklin v. Potter
| Decision Date | 04 March 2009 |
| Docket Number | Civil Action No. 07-1205 (ESH). |
| Citation | 600 F.Supp.2d 38 |
| Parties | Joseph A. FRANKLIN, Plaintiff, v. John POTTER, Postmaster General, Defendant. |
| Court | U.S. District Court — District of Columbia |
Richard Ethelbert Patrick, Patrick Henry LLP, Annandale, VA, for Plaintiff.
Christian Alexander Natiello, United States Attorney's Office, Washington, DC, for Defendant.
Plaintiff Joseph A. Franklin is an African-American male employed by the United States Postal Service ("the Postal Service," "USPS," or "the agency"). He claims that his employer discriminated against him on the basis of his race, gender, and disability, retaliated against him for complaining about that discrimination, and subjected him to a hostile work environment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ("Title VII"), and the Rehabilitation Act of 1973 ("Rehabilitation Act"), 29 U.S.C. § 701 et seq.1 Defendant has moved for summary judgment on all of plaintiff's claims. For the reasons set forth below, defendant's motion will be granted.
Plaintiff has been employed by the Postal Service as a mail handler in the Curseen-Morris Processing and Distribution Center ("P & DC") in Washington, D.C. since 1992.2 (See Pl.'s Opposing Facts ["Pl.'s Facts"] at 1.) At all times relevant to this matter, plaintiff worked as a Level 4 mail handler. (Id.)
Prior to his employment with the Postal Service, plaintiff served in the military, where he developed permanent problems with his knees and was also diagnosed with eosiniphilic gastritis. (Compl. ¶ 13; Def.'s Ex. 1 (excerpts of Pl.'s Dep., Mar. 23, 2006) ["Franklin Dep."3] at 41.) Plaintiff's knee problems affect his ability to stand, bend, climb, twist and lift. (Pl.'s Facts at 10.) Plaintiff suffers from episodes of gastritis two to five times a year, during which he experiences significant stomach pain, inability to eat, vomiting, swelling, and general pain and discomfort. (Id. at 9-10; Franklin Dep. at 39.) Plaintiff takes prednisone, a chronic steroid treatment, in order to help alleviate the symptoms of his gastritis. (Franklin Dep. at 70.)
In 2002 or 2003, as a side effect of his prednisone treatment, plaintiff developed a mood disorder that generally increased his stress level and caused mood lability (i.e., mood swings) and irritability. (Pl.'s Facts at 10; Pl.'s Ex. 3 (Aug. 22, 2003 letter from Dr. Jentgen); Franklin Dep. at 74.) Stressful situations exacerbated plaintiff's mood disorder and left him unable "to have any form of connection with [the] person creating the stressful environment" (Pl.'s Ex. 33 (Pl.'s EEO Aff., Aug. 2, 2005) ["2005 Franklin Aff."] at 2), unable to "think clearly," and wanting "to get away from the situation." (Franklin Dep. at 72.) Plaintiff's mood disorder was "triggered mostly on-the-job when someone interact[ed] with [plaintiff] in a way that he perceive[d] to be negative or unreasonable." (Def.'s Ex. 10 (April 3, 2007 Final Agency Decision) ["USPS Decision"] at 16 (citing Franklin Dep.).) Plaintiff takes lithium once a day to treat his mood disorder. (Franklin Dep. at 74.) In 2003, plaintiff's right hand developed tenosynovitis, a tendon condition that affects his ability to lift because of swelling in his hand.4 (Pl.'s Facts at 10.)
From approximately January through April 2, 2004, plaintiff was assigned to the small parcel bundle sorter ("SPBS") under the direct supervision of Denise Berry, supervisor of Distribution Operations. (Franklin Dep. at 9-12; Pl.'s Ex. 7 (); Def.'s Ex. 2 (excerpts of Denise Berry Dep., Feb. 10, 2006) ["Berry Dep."] at 10-12.) From plaintiff's perspective, his working relationship with Berry quickly soured and became rife with what he perceived as "harassment." (See Pl.'s Ex. 21 () at 1.) Plaintiff complained that Berry was prone to "[y]elling, rolling eyes, [and] walking away when [plaintiff] approach[ed] her with problems," that she spoke "[v]ery disrespectful[ly]" to him, and that she criticized him for using the men's restroom "too frequently," "[n]ot moving fast enough while performing duties or returning from breaks," and "[n]ot being able to operate equipment." (Id. at 1-2.)
Plaintiff also accused Berry of improperly denying him leave under the Family and Medical Leave Act of 1993 ("FMLA"), 29 U.S.C. § 2601 et seq.5 (Id. at 1.) On January 6, 2004, defendant received two FMLA certifications from plaintiff's medical provider, Kaiser Permanente ("Kaiser"), regarding plaintiff's gastritis and mood disorder. (See Pl.'s Exs. 4, 5.) The gastritis certification indicated that plaintiff had no related workplace limitations, but that he could suffer up to eight episodes each year that could each require up to two days off from work. (Pl.'s Ex. 4 at 1-2.) The mood disorder certification indicated that plaintiff was "unable to work" during periods when his condition was exacerbated, which could occur up to twice a month and require up to one week off from work per episode. (Pl.'s Ex. 5 at 1-2.) On January 12, 2004, Terrence Jordan, the P & DC's FMLA coordinator, wrote to plaintiff acknowledging his certifications and approving his request for FMLA leave. (Pl.'s Ex. 6 ().) However, Jordan also told plaintiff that he would need to obtain recertification by the end of the year; that when calling in sick, he must identify the cause of his illness, because "[f]ailure to do so[] may result in disapproval of the FMLA request and denial of FMLA protection for the absence"; and that he must "bring documentation stating [his] fitness to return to duty upon [his] return from absences attributed to [his mood disorder]." (Id.)
On January 17, 2004, plaintiff was absent from work. (See Pl.'s Ex. 48 ().) When plaintiff returned to work, he gave a co-worker the paperwork necessary for him to receive FMLA protection for his absence so that the co-worker could submit the paperwork to Jordan. (Id.) However, Jordan never received plaintiff's paperwork. (Id.) As a result, on February 2, 2004, Berry noted that plaintiff's FMLA absence was "disapproved," conducted a pre-disciplinary interview with plaintiff, and issued him a "Letter of Warning" for his failure to "maintain acceptable attendance." (Id.)
In March 2004, plaintiff received a bid assignment to the Mechanized Opening Unit ("Robotics"), to begin in early April. (Franklin Dep. at 11; Pl.'s Ex. 7.) On April 2, 2004, plaintiff reported to the medical unit saying that "he has been constantly harassed by his supervisor," presumably meaning Berry, while working on the parcel bundle sorter. (Pl.'s Ex. 7.) Because plaintiff was going to begin his new assignment in Robotics under a different supervisor the next day, the medical officer decided to send plaintiff home as "medically unfit" for the day but "fit tomorrow to return without a medical exam" by an outside doctor. (Id.)
Plaintiff began work in Robotics on April 3, 2004. (See Pl.'s Ex. 7.) Plaintiff's supervisor in this new assignment was Michael Fair. (Franklin Dep. at 11-12.) Although a mail handler's formal job description encompasses a wide variety of responsibilities (see Pl.'s Ex. 46 ()), plaintiff's "only duties" in Robotics consisted of loading and unloading flat trays and letter trays onto a conveyor belt. (Franklin Dep. at 23.) Plaintiff also "had some issues" with Fair (Pl.'s Ex. 21 at 5), but his only encounters with Berry until October 2004 were limited to what he described as "rolling eyes" and "dirty looks," which no longer bothered him because he "didn't work directly with her now." (Id. at 4.)
Within the Postal Service's administrative structure, "light duty" status refers to a "less strenuous" work assignment "available to those employees whose limitations are not due to occupational injury or illness," Peebles v. Potter, 354 F.3d 761, 764 n. 3 (8th Cir.2004), but rather to "injur[ies] outside of their job duties." Hancock v. Potter, 531 F.3d 474, 477 (7th Cir.2008). "[T]he Postal Service decides who is eligible for light duty, subject to its collective bargaining obligations. . . ." Guarino v. Potter, 102 Fed.Appx. 865, 868 (5th Cir. 2004). Light duty assignments are made available to mail handlers (such as plaintiff) pursuant to agreements between their union and USPS, with the understanding that light duty "is not unlimited and will be consistent" with the needs of the Postal Service. (Pl.'s Ex. 43 at 2 (Item M); see also Def.'s Ex. 9.) A mail handler who is "recuperating" from an illness or injury may seek temporary light duty by submitting a "written request" to the head of his postal installation, along with a "medical statement" from his physician. (Def.'s Ex. 9 at 53 (Section 13.2(A)).)
On June 18 and 21, 2004, a USPS medical official granted plaintiff clearance to return to a light duty assignment. (Pl.'s Exs. 8, 9.) Plaintiff submitted these clearances to supervisor Fair and FMLA coordinator Jordan in an effort to obtain light duty "in reference to [his] left knee." (2005 Franklin Aff. at 3.) On July 21, 2004, the health unit also received plaintiff's Duty Status Report, signed by his physician and detailing specific medical limitations related to his knee condition. (Pl.'s Ex. 65 (July 1, 2004 Duty...
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