Harper v. Odle Mgmt. Co.
| Decision Date | 25 February 2021 |
| Docket Number | 2:19-cv-00597 |
| Parties | LYNNE HARPER, Plaintiff, v. ODLE MANAGEMENT COMPANY, LLC, Defendant. |
| Court | U.S. District Court — Western District of Pennsylvania |
OPINION
Plaintiff Lynne Harper ("Harper") was employed by the Defendant, Odle Management Company ("Odle"), as a Social Development Director in its "Pittsburgh Job Corps Center" ("Center"). Harper was diagnosed with breast cancer in August 2017, after which she received treatment and continued to work for the Center until Odle terminated her employment in June 2018. (ECF No. 19, at 7.) Harper dual-filed a Charge of Discrimination against Odle with the Equal Employment Opportunity Commission ("EEOC") and the Pennsylvania Human Rights Commission ("PHRC") alleging age and disability discrimination.
Harper now contends that Odle's actions in terminating her employment and in failing to accommodate a disability prior to the termination of her employment violated the Americans with Disabilities Act ("ADA"), the Age Discrimination in Employment Act ("ADEA"), and the parallel provisions of the Pennsylvania Human Relations Act ("PHRA"). Harper specifically alleges 1) that Odle terminated her employment because of her breast cancer diagnosis, in violation of the ADA and PHRA; 2) that Odle terminated her employment because of her age, in violation of the ADEA and PHRA; and 3) that Odle failed to accommodate her breast cancer treatment, in violation of the ADA. (ECF No. 19.).
Now before the Court is Odle's Motion for Summary Judgment. (ECF No. 29.) The Plaintiff responded to that Motion by addressing only her failure to accommodate claim, without mentioning the age or disability discrimination claims. (ECF No. 37.) Odle replied by arguing that the claims that Ms. Harper failed to address are waived and reiterating its arguments for summary judgment on her failure to accommodate claim. The Motion is ripe for disposition. For the reasons that follow, Odle's Motion at ECF No. 29 will be GRANTED in its entirety, and summary judgment will be entered in its favor and against Harper.
The Center is a no-cost education and vocational training program for young adults that is administered by the United States Department of Labor and is currently operated by Odle. (Defendant's Concise Statement of Material Facts ("Def.'s SMF") ¶¶ 12-17.) Harper began her employment at the Center in 2009 as a counseling manager, when a different company operated the facility. (Def.'s SMF ¶ 18.) She was promoted twice during that time, including a 2015 promotion into the role of Social Development Director. (Plaintiff's Counter Concise Statement of Material Facts ("Pl.'s SMF") ¶ 13.)
In 2016, Odle took over the operation of the Center. (ECF No. 19, at 4.) Harper and other Center employees needed to apply for positions with Odle. (Def.'s SMF ¶ 21.) Odle extended an offer to Harper to continue as Social Development Director, which she accepted. (Def.'s SMF ¶ 23.) Harper was fifty-eight (58) years old at the time. (Def.'s SMF ¶ 21.)
In her role as Social Development Director, Harper was one of four Director-level positions at the Center. She reported to the Center's Director, Molly Taleb ("Taleb"). (Def.'s SMF ¶ 24.)Harper's job duties included management of the Center's dormitories, which are living areas intended to serve both as a "round the clock residence for students" and as a tool to teach students about responsibility, independent living, and other life skills. (Def.'s SMF ¶ 46-49.) Harper's duties included inspecting the dorm areas, recommending facility maintenance, and generally coordinating with other departments to meet goals related to dorm living and student living standards. (Def.'s SMF ¶¶ 55, 56); (Defendant's Selected Excerpts and Exhibits from the Deposition of Lynne Harper ("Harper Dep."), ECF No. 32-1, at 77.) As Social Development Director, Harper was the person at the Center who was ultimately responsible for ensuring that the dorms met Odle's expected conditions and standards. (Def.'s SMF ¶ 52; ECF No. 32-2, at 12.)
Harper was diagnosed with breast cancer in August 2017, at the age of sixty-one (61). (Def.'s SMF ¶ 99.) At that time, she disclosed to Odle leadership her diagnosis and her need for treatment consisting of surgery, chemotherapy, and radiation. She also notified Odle of her intent to keep working and her belief that she could perform all of the essential functions of her position while in treatment. Harper received regular chemotherapy treatments from June 1, 2017 through May 31, 2018. (Pl,'s SMF ¶ 42.) Harper's Second Amended Complaint ("SAC") generally alleges that although she continued to satisfactorily perform her duties after disclosing her diagnosis, she experienced hostility from Odle and that Odle "created a situation in which Harper was forced to prioritize her work over her recovery." (ECF No. 19, at 7.)1
The record shows that Harper's cancer kept her from work for about five days during the 24 months between her cancer diagnosis and the termination of her employment. (Def.'s SMF ¶ 109.) During that time, Harper applied for and was granted Family and Medical Leave Act("FMLA") leave. (Def.'s SMF ¶ 105.) She also requested and was granted permission to wear a head covering as she experienced the effects of cancer treatment and to park her car closer to the building in a handicapped parking space. (Def.'s SMF ¶ 106.) Harper requested time off of work to attend doctor's appointments, which Odle also promptly granted. (Def.'s SMF ¶ 110.) Although Harper did not take any FMLA leave, she did testify that she knew that she could have used that leave if she had required more time away from work. (Def.'s SMF ¶ 111.)
The record shows that in August 2016, prior to her cancer diagnosis, Harper began to experience job performance issues related to the cleanliness of the dorms which she managed. The parties agree that Odle leadership routinely visited the Center to inspect various departments and provide directives on areas for improvement. (ECF No. 30, at 4-5.) In five of those corporate monitoring visits taking place between August 2016 and March 2018, Odle inspectors noted serious issues with the dorms. An initial August 2016 report observing that the dorms were in a "dirty, disheveled state." (Def.'s SMF ¶¶ 82 -85.) A report from a follow-up September 2016 visit noted that these issues had not been corrected. (Def.'s SMF ¶ 86.) In April 2017, a visit report again noted that dorm bathrooms were "filthy," describing dirty floors, overflowing garbage, and unflushed toilets, and noting a desperate need for deep cleaning. (ECF No. 30, at 6-7.) Two additional reports written after Odle leadership visits in January and February 2018 also noted the bathrooms' lack of cleanliness as a serious concern. (Def.'s SMF ¶¶ 112-142).
In the March 2018 incident that led to Harper's employment termination, Odle representative Lisa Odle ("Ms. Odle") made an announced visit to inspect the Center accompanied by a state Department of Labor representative. (Def.'s SMF ¶ 129.) Although Ms. Odle had warned Harper of the visit and its importance, the bathrooms still had unflushed toilets and dirty showers. (Def.'s SMF ¶ 131.) The rest of the dorm facilities were similarly described as visibly dirty, withoverflowing garbage and "an unpleasant odor coming from several of the rooms." (ECF No. 30, at 7.) Harper testified that it was clear that Ms. Odle was "very upset" and "not happy" about the dorms following her visit. (Def.'s SMF ¶ 142; Harper Dep., at 20.)
As a result of this visit, Harper and her younger coworker both received written warnings in April 2018 because the dorms did not "meet Odle standards." (Def.'s SMF ¶ 158.) In her deposition, Harper expressed disappointment and embarrassment with the dorms' condition that day, testifying that she knew the visit was a serious failure and believed it ultimately led to her termination. (Def.'s SMF ¶ 157) (quoting Harper's deposition testimony).
Harper received a performance appraisal for the June 2017 through May 2018 time period on April 13, 2018 that noted that although there were "periods of time" when Harper's work met Odle goals, there were "more concerns" as the year went on. (Pl.'s SMF ¶ 41.) Reports from the next visit from the Company's leadership in May 2018 revealed that the problems identified in the prior visit remained unresolved. (ECF No. 30, at 8.) The Defendant terminated Harper's employment on June 6, 2018, in a notice signed by several Odle executives. (Pl.'s SMF ¶ 43.)
Under Federal Rule of Civil Procedure 56, a Court must grant summary judgment where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Jakomas v. City of Pittsburgh, 342 F. Supp. 3d 632, 641 (W.D. Pa. 2018); Fed. R. Civ. P. 56(a). Summary judgment is appropriately entered against a party who fails to establish the existence of any element essential to the party's case, and on which that party bears the burden of proof at trial. Id. (citing Celotex Corp v. Catrett, 477 U.S. 317, 322 (1986)). The non-moving party's evidence is to be credited unless facially implausible, with all justifiable inferences drawnin her favor. But to successfully oppose a summary judgment motion, the "mere existence of a scintilla of evidence in support of [her] position [is] insufficient." Id. at 642 (citing Anderson v. Liberty Lobby, Inc., 477 U.S 242, 252 (1986)). Instead, to withstand summary judgment, the non-moving party must produce enough evidence so that a jury could reasonably find in her favor. Id.
The moving party bears the initial burden of demonstrating that there are no genuine disputes of material fact. Big Apple BMW, Inc. v. BMW of N. Am., Inc., 974 F.2d 1358, 1362 (3d Cir. 1992) (citing Celotex, 477 U.S. at 323). If the moving party satisfies this burden, the...
To continue reading
Request your trial