Hargrove v. Aarp, Civil Action No. 13-1320 (RDM)

• Decision Date: 09 September 2016
• Docket Number: Civil Action No. 13-1320 (RDM)
• Citation: 205 F.Supp.3d 96
• Parties: Ernestine HARGROVE, Plaintiff, v. AARP, Defendant.
• Court: U.S. District Court — District of Columbia

205 F.Supp.3d 96

Ernestine HARGROVE, Plaintiff,

v.AARP, Defendant.

Civil Action No. 13-1320 (RDM)

United States District Court, District of Columbia.

Signed September 9, 2016

Micah Salb, Dennis Chong, Lippman, Semsker & Salb, LLC, Bethesda, MD, for Plaintiff.

Karla Grossenbacher, Leslie V. Maffeo, Seyfarth Shaw, LLP, Washington, DC, for Defendant.

MEMORANDUM OPINION AND ORDER

RANDOLPH D. MOSS, United States District Judge

Plaintiff Earnestine Hargrove brought this suit against her now-former employer, AARP,¹ for alleged violations of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101 et seq. , and the D.C. Human Rights Act ("DCHRA"), D.C. Code §§ 2–1401.01 et seq. Hargrove, who suffers from carpal tunnel syndrome

, alleges that the AARP: (1) unlawfully refused to accommodate her disability; (2) retaliated against her for requesting accommodations; and (3) constructively terminated her by forcing her to work in conditions that were intolerable in light of her medical conditions. AARP has moved for summary judgment on all claims. See Dkt. 28. As explained below, the Court will GRANT in part and DENY in part AARP's motion.

I. BACKGROUND

For the purpose of evaluating AARP's motion for summary judgment, the following facts are construed in the light most favorable to Hargrove, who is the nonmoving party. See Arrington v. United States , 473 F.3d 329, 333 (D.C.Cir.2006).

A. December 2000 to Summer 2010

Hargrove, who holds advanced degrees in marketing and statistics, began work at AARP as a Senior Research Advisor in December 2000. Dkt. 28–2 at 2–3 (Pl.'s Dep. 33–34); Dkt. 34–8 at 1. She was responsible for, among other things, "advis[ing] clients, stakeholders, and AARP's senior management on all phases of research," including "conceptualization of a research agenda," "conduct[ing] or oversee[ing] ... original research projects," "writ [ing] and publish[ing] reports and presentations," and making "recommendations for action growing from the research findings." Dkt. 28–3 at 21. Throughout her tenure at AARP, Hargrove worked primarily with the Publications Department. Dkt. 28–2 at 5 (Pl.'s Dep. 36).

Hargrove has suffered from carpal tunnel syndrome

since 1986 and underwent surgeries on her thumb and wrist for related conditions in 2002 and 2004.² Dkt. 34–9 at 1–2 (Hargrove Aff. ¶¶ 3, 6); Dkt. 34–17 at 4. In January 2002, her doctors directed her to type no more than three hours per day. Dkt. 34–9 at 1-2 (Hargrove Aff. ¶ 6). From December 2000 until the summer of 2010, AARP accommodated Hargrove's conditions to her satisfaction, providing her with a high-back chair, adjustable keyboard tray, voice-activated dictation software called Dragon Dictation, and staff support. Dkt. 35 at 19; Dkt. 28–2 at 9 (Pl.'s Dep. 44); Dkt. 34–9 at 1–2 (Hargrove Aff. ¶¶ 4–9). Dragon Dictation permits the user to dictate text to the computer, but it cannot be used to manipulate data, spreadsheets, databases, charts, or graphs. Dkt. 34–9 at 2 (Hargrove Aff. ¶ 7).

According to Hargrove, during this time period, her then-supervisor, Linda Fisher, "ensure[d] [that] [Hargrove] had the [staff] supports [she] needed to perform [her] ... duties" and that "interns and junior level people (specialists and analysts) ... did much of the heavy computer use, especially data runs, [and] ... the preparation of charts, graphs and spreadsheets for presentations and reports." Id. (Hargrove Aff. ¶ 9). Also during this time, Hargrove received largely (although not entirely) positive performance evaluations and other recognition for her work. Dkt. 35 at 4 (Pl.'s Statement of Material Facts ("SMF") ¶ 11).³

B. October 2010 Request for Accommodations

According to Hargrove, the situation changed beginning in the summer of 2010. Dkt. 35 at 21; Dkt. 28–2 at 3, 11 (Pl.'s Dep. 34, 46). In May or June 2010, Nileeni Meegama became her supervisor and, according to Hargrove, "[t]he last intern who provided consistent support for [Hargrove's] work left in August or September of 2010."⁴ Dkt. 34–9 at 2 (Hargrove Aff. ¶¶ 10–11); Dkt. 34–16 at 16 (Meegama Dep. 127–28). Hargrove was on sabbatical from mid-August to September 2010. Dkt. 34–9 (Hargrove Aff. ¶ 12); Dkt. 28-2 at 14 (Pl.'s Dep. 58). Sometime after she returned in the fall of 2010, Hargrove "began to experience significant increases in the symptoms of her ailments in her hands, wrists, and arms." Dkt. 35 at 5 (Pl.'s SMF ¶ 13). She informed Meegama that she was concerned about her health and wanted to "avoid another [surgery]." Dkt. 34–9, at 3 (Hargrove Aff. ¶ 14). On October 12, 2010, Hargrove requested a meeting to discuss accommodations for her medical condition. Dkt. 29–1 at 75. She explained that her "doctor ha[d] restricted the number of hours of [her] computer use" and that she "need[ed] to stay within those guidelines." Id. In response, Meegama directed Hargrove to Sam Franzel, AARP's Human Resources Business Partner. Dkt. 29–1 at 76; Dkt. 34–9 at 3 (Hargrove Aff. ¶ 15). Franzel, in turn, met with Hargrove and "sent [Hargrove] to Albert Fierro, [AARP's] Director of Risk Management." Dkt. 34–9, at 3 (Hargrove Aff. ¶ 15). Meegama also made arrangements to acquire an updated version of Dragon Dictation, which was installed on Plaintiff's computer around March 22, 2011.⁵ Dkt. 29–1 at 98; Dkt. 28–2 at 36 (Pl.'s Dep. 120).

On October 20, 2010, Fierro performed an ergonomic assessment of Hargrove's office and recommended that she try forgoing the use of a keyboard tray for three weeks, notwithstanding her doctor's recommendation that she use one.⁶ Dkt. 34–9 at 3 (Hargrove Aff. ¶ 16); Dkt. 29–1 at 77–78. Fierro had studied and taught ergonomics and "professe[d] to a specialized knowledge of carpal tunnel

, having suffered [from it] himself." Dkt. 35 at 6–7 (Pl.'s SMF ¶¶ 19, 22) (citing Dkt. 35–19, Fierro Dep. 18–19, 67–68). Fierro and Plaintiff also discussed the need for a new high-back orthopedic chair to replace the one previously provided. Dkt. 34–9 at 3 (Hargrove Aff. ¶ 17). Fierro did not assess the need for limitations on Plaintiff's computer use. Dkt. 35 at 8 (Pl.'s SMF ¶ 26).⁷

On October 22, 2010, Meegama authorized the purchase of a new chair, keyboard wrist bridge, and mouse pad for Plaintiff. Dkt. 29–1 at 79. Plaintiff then asked Meegama, Fierro, and Franzel to wait to order the replacement chair until she could confer with her doctor and choose one that met his specifications. Dkt. 29–1 at 78. Plaintiff continued to consider which chair she wanted until August 5, 2011, sampling a number of different chairs and comparing their specifications in the interim. Dkt. 29–1 at 104–127. After Plaintiff informed Meegama of her selection, Meegama immediately authorized the purchase of the chair, and it arrived in September 2011. Dkt. 29–1 at 127, 135.

On October 25, 2010, Franzel sent the "form required [to] request an accommodation under the Americans with Disabilities Act" to Hargrove by email, noting that "[t]he form requires both you and your doctor to complete the appropriate sections." Dkt. 29–1 at 81. On November 22, 2010, Hargrove told Franzel, Meegama, and Fierro that the required paperwork was almost done and that she would she would complete the "one outstanding item"—her "specific request"—by "the end of the [following] day." Dkt. 29–1 at 84. She further explained that her doctor's "reference to accommodations before" September 2010 was "based [on Hargrove] telling [her doctor] that we typically had interns and junior people who did a lot of the charts, graphs and presentations, and the last one was gone when [she] returned ... in September." Id. The next day, Hargrove provided the certification from her physician, Dr. Russell Rothenberg, stating that she suffered from long-term "chronic carpal tunnel

[,] tendinosis [of] both wrists[,] osteoarthritis, [and] fibromyalgia"; that she "require[d] a voice activated computer, keyboard tray, computer mouse pad, high back orthopedic chair with arms, [and] limit[s] [on] repetitive motion activity [of] 1 hour 3 times per day"; and that she "had the above accommodations until 9/[20]10 and they were helping her." Dkt. 34–20 at 1–2; see also Dkt. 29–1 at 83. At the same time, Hargrove explained that she would send a separate email with the final form regarding her "specific requests [for accommodations]," although she had already spoken with Meegama "about some possibilities." Dkt. 29–1 at 83.

From Thanksgiving Day 2010 until about December 20, 2010, Hargrove took leave to attend to her mother's health. Dkt. 28–2 at 15 (Pl.'s Dep. 59). On January 24, 2011, Meegama provided an "overall satisfactory" year-end review of Hargrove's 2010 performance.⁸ Dkt. 28–1 at 5 (Def.'s SMF ¶ 19).

C. February 2011 Request for Accommodations

On February 4, 2011, Hargrove submitted her specific request for accommodations, explaining that her mother's illness and subsequent death had delayed her submission. Dkt. 34–22 at 1. Her request stated that the only "[o]ffice set up" accommodation outstanding was the chair, which she still needed to select. Id. at 2; Dkt. 29–1 at 104–127, 135. She then made the following requests in accordance with her doctor's instruction that she "use the computer for no more than three one-hour periods in a day":

• Time from the research administrative specialist to finish up with formatting presentations and reports, much like he did for the Publications Strategic Plan last November. He actually said he enjoyed that.

• That you keep my restrictions in mind as you re-structure the team and assignments.

• That I not be assigned projects with a short turn around that would require me to spend long hours of computer time (i.e., beyond the doctor's restrictions).

• That you keep in mind that the additional computer work to be provided by one of our vendors will not kick in until later this spring; and the editorial interest studies, in particular, have two magazine issues without additional vendor support. I would like to ask that we work out the specifics of the computer

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