Jacques v. Dimarzio, Inc.

• Decision Date: 06 May 2002
• Docket Number: No. 97-CV-2884 (FB).,97-CV-2884 (FB).
• Citation: 200 F.Supp.2d 151
• Parties: Audrey JACQUES, Plaintiff, v. DiMARZIO, INC., Defendant.
• Court: U.S. District Court — Eastern District of New York

200 F.Supp.2d 151

Audrey JACQUES, Plaintiff, v. DiMARZIO, INC., Defendant.

No. 97-CV-2884 (FB).

United States District Court, E.D. New York.

February 27, 2002.

Supplemental Decision May 6, 2002.

COPYRIGHT MATERIAL OMITTED

Lisa Sirkin, Minna Kotkin, Stephen Meyer, Legal Intern, Harmon Fields, Legal Intern, BLS Legal Services Corp., Brooklyn, NY, for Plaintiff.

Gary Ettelman, Ettelman & Hochheiser, P.C., Garden City, NY, for Defendant.

MEMORANDUM & ORDER

BLOCK, District Judge.

Plaintiff, Audrey Jacques ("Jacques"), brings this action against her former employer, defendant DiMarzio, Inc. ("DiMarzio"), alleging violations of the Americans with Disabilities Act ("ADA") and New York Labor Law § 215. DiMarzio filed a counterclaim seeking $500,000 in damages. DiMarzio moves for summary judgment. Because the Court concludes that issues of material fact exist with respect to Jacques's claim that she was regarded as disabled, the motion is denied. In respect to the counterclaim, the Court sua sponte raises the issue of whether the counter-claim should be dismissed, and whether sanctions should be imposed against DiMarzio pursuant to Federal Rule of Civil Procedure 11.

BACKGROUND

The following facts, which are largely taken from Jacques's submissions, are undisputed: In October 1989, DiMarzio hired Jacques to work as a packager and assembler of electronic guitar components in its factory. During her employment with DiMarzio, Jacques received average to above-average evaluations. Jacques remained employed with DiMarzio until September 11, 1996, when she was terminated for her "confrontational and irrational behavior with her supervisor" and her "incessant conflict with her fellow employees[.]" Jacques Aff., Ex. 8 at 11-12.

1. Jacques's Mental Impairment

Jacques claims to have "a long history of psychiatric problems, going back to [her] teenage years when [she first suffered] severe and major depressions." Jacques Aff. ¶ 7. Jacques suffers from Bipolar II Disorder ("bipolar disorder") and Major Depressive Disorder. Tricarico Aff. ¶ 3. Treatment for her emotional problems began in the 1960s, and extended throughout the 1970s and 1980s with inpatient and outpatient treatment. According to Jacques's psychiatrist, her mental disorders produce "a chronic pattern of unpredictable mood episodes and fluctuating unreliable interpersonal and/or occupational functioning." Id. at ¶ 6. Her symptoms include "mood swings, irritability, apathy, poor judgment and denial." Id. at ¶ 7. Jacques claims that her conflicts at work were a product of her bipolar disorder.

In December 1991, while in a period of depression, Jacques suffered from uterine hemorrhaging. She refused to have surgery to correct the problem. Her psychiatrist attributed Jacques's opposition to surgery to her bipolar disorder. Id. at ¶ 4. Jacques's uterine hemorrhaging caused her to work at DiMarzio only "periodically" for the next few months. Jacques Aff. ¶ 10. In February 1992, Jacques took a two-week leave of absence to recover from her medical problems. Jacques claims to have told her supervisors during this leave about her depression and that she was taking the anti-depressant Prozac. Id. at ¶ 11.

In 1994, a minor car accident triggered an "anxiety reaction" that left Jacques "fearful of going anywhere" by herself for six months. Id. at ¶ 13. In 1995, her mother's illness caused Jacques to feel "more seriously depressed." Id. at ¶ 14. On January 23, 1995, Jacques requested and received a month's leave from work "[d]ue to the serious medical condition of [her] mother...." Id. Ex. 7.

2. Jacques's Health and Safety Concerns at DiMarzio

Jacques expressed concerns about health and safety conditions at the DiMarzio factory to her supervisors from 1990 to 1996. She was concerned about the dangers of solder and flux, glue, fumes, inadequate ventilation, and the absence of safety glasses when other workers from DiMarzio did extra work at home, known as Industrial Homework ("Homework"), as a means of supplementing their incomes. In 1995, Jacques confronted a supervisor, Michael Altilio ("Altilio"), about the dangers of flux. "From the beginning of 1996," Jacques "noticed that health and safety conditions seemed to worsen. As a result [her] complaints increased [until her] termination...." Jacques Aff. ¶ 22.

On March 15 and 16, 1996, Jacques was working in a poorly ventilated factory room. After working in the room for a day and a half, Jacques developed "severe headaches, blurred vision, nasal congestion, and nausea." Id. at ¶ 25. She sought treatment for her symptoms at the Emergency Room at University Hospital in Staten Island, where she was treated and released. Jacques reported this incident to Altilio and stated her concern about the lack of ventilation. Altilio said nothing and walked away.

In April 1996, Jacques approached another supervisor, Elizabeth Capostoso, to request Homework. Ms. Capostoso refused, citing Jacques's physical reaction to the solder fumes. In May 1996, Jacques approached Altilio, again requesting Homework. Altilio also refused, citing safety concerns and the inability to supervise Jacques's Homework.

In July 1996, Jacques began asking other workers taking Homework if they had been given safety and insurance guidelines about their Homework. Jacques learned that they had not. On August 27, 1996, Jacques confronted Altilio "with the fact that it [is] a state law for workers doing soldering to wear safety goggles, and [that] those workers soldering for ... Homework were not being supervised and were not taking their safety goggles home." Id. at ¶ 34. Again, Altilio did not respond.

3. Termination of Jacques's Employment and Litigation Aftermath

On August 30, 1996, Jacques was told by Altilio that, due to her ongoing conflicts with other workers, he wanted her to work at home, performing the same guitar assembly tasks she did at the factory. On September 11, 1996, after a number of other conversations, including one where Altilio suggested that Jacques "needed help and should see a psychiatrist," id. at ¶ 43, Altilio called Jacques at home to inform her that Larry DiMarzio, the owner of the company, had decided to terminate her employment.

On October 23, 1996, Jacques filed a complaint against DiMarzio with the United States National Labor Relations Board ("NLRB"), alleging that she was discharged in violation of the National Labor Relations Act ("NLRA"). On January 15, 1997, after an investigation of Jacques's charges, the NLRB issued a decision finding no violation of the NLRA. On March 10, 1997, Jacques unsuccessfully appealed to the Office of the General Counsel of the NLRB.

On February 14, 1997, Jacques filed a complaint with the New York State Division of Human Rights ("NYSDHR"), claiming that DiMarzio discriminated against her based on a disability in violation of the New York State Human Rights Law. On August 18, 1998, after an investigation, the NYSDHR issued a determination dismissing Jacques's complaint without comment.

On April 16, 1997, Jacques filed a Notice of Charge of Discrimination against DiMarzio with the Equal Employment Opportunity Commission ("EEOC"). Jacques claimed that she was terminated in violation of the ADA. On May 6, 1997, the EEOC issued a Right to Sue letter.

On May 20, 1997, Jacques commenced this action under the ADA, claiming that she was fired because of her bipolar disorder and because of her complaints about DiMarzio's safety and health violations. In its answer, which takes issue with whether Jacques was disabled within the meaning of the ADA and whether she was fired for her complaints, DiMarzio asserts a counterclaim seeking $500,000 in damages for harassment, interference with "business operations" and "employee morale", and damage to DiMarzio's reputation, all caused by Jacques's claims. Answer and Countercl. at ¶ 22.

DISCUSSION

Summary judgment must be entered when "there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). In determining whether a genuine issue of material fact exists, "the [C]ourt must draw all reasonable inferences in favor of the nonmoving party, and it may not make credibility determinations or weigh the evidence." Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000). Summary judgment "is properly granted only when no rational finder of fact could find in favor of the nonmoving party." Carlton v. Mystic Transp., Inc., 202 F.3d 129, 134 (2d Cir. 2000). "[T]he moving party bears the initial burden of establishing that there are no genuine issues of material fact[;] once such a showing is made, the non-movant must `set forth specific facts showing that there is a genuine issue for trial.'" Weinstock v. Columbia Univ., 224 F.3d 33, 41 (2d Cir.2000) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). The nonmovant must do more than show "some metaphysical doubt as to the material facts." Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). It cannot rely solely on the pleadings, but must produce "significant probative evidence tending to support the complaint." Anderson, 477 U.S. at 249, 106 S.Ct. 2505. Entry of summary judgment is appropriate "against a party who 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).

I. ADA Claim

"The ADA prohibits discrimination against any `qualified individual with a disability because of the disability of such individual in regard to,' inter alia, `discharge of employees.'" Giordano v. City of New York, 274 F.3d 740, 747 (2d Cir.2001). An employee alleging employment discrimination under the...