Legg v. Ulster Cnty.

• Decision Date: 26 April 2016
• Docket Number: No. 14–4635,No. 14–3638,No. 14–3636,14–3636,14–3638,14–4635
• Citation: 820 F.3d 67
• Parties: Ann Marie LEGG, Plaintiff–Appellant, and Patricia Watson, Plaintiff–Cross–Appellee, v. ULSTER COUNTY and Paul J. VanBlarcum, in his official capacity as Sheriff of the County of Ulster and individually, Defendants–Appellees–Cross–Appellants.
• Court: U.S. Court of Appeals — Second Circuit

820 F.3d 67

Ann Marie LEGG, Plaintiff–Appellant

and

Patricia Watson, Plaintiff–Cross–Appellee

v.ULSTER COUNTY and Paul J. VanBlarcum, in his official capacity as Sheriff of the County of Ulster and individually, Defendants–Appellees–Cross–Appellants.¹

No. 14–3636

No. 14–3638

No. 14–4635

United States Court of Appeals, Second Circuit.

Argued: Oct. 8, 2015.

Decided: April 26, 2016.

Stephen Bergstein, Bergstein & Ullrich, LLP, Chester, NY; Brendan Klaproth, Klaproth Law PLLC, Washington, D.C.; and Joseph Ranni, Ranni Law Offices, Florida, NY, for Plaintiff–Appellant and Plaintiff–Cross Appellee.

Matthew J. Kelly (Amanda Davis Twinam, on the brief), Roemer Wallens Gold & Mineaux LLP, Albany, NY, for Defendants–Appellees–Cross–Appellants.

Before: PARKER, LYNCH, and CARNEY, Circuit Judges.

BARRINGTON D. PARKER

, Circuit Judge:

Ann Marie Legg, a corrections officer at the Ulster County Jail, appeals from a judgment of the United States District Court for the Northern District of New York (Scullin, J. ) dismissing her claim against Ulster County and former Sheriff Paul VanBlarcum for pregnancy discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.,

as amended by the Pregnancy Discrimination Act of 1978, 42 U.S.C. § 2000e(k) (“PDA”). Legg claims that the County unlawfully discriminated against her on the basis of her pregnancy when it denied her request for an accommodation under its light duty policy, pursuant to which only employees injured on the job were eligible for light duty assignments. The district court granted the defendants' motion for judgment as a matter of law at the close of Legg's direct case, reasoning that the policy could not be discriminatory because it was facially neutral with respect to pregnancy.

While this appeal was pending, the Supreme Court decided Young v. United Parcel Service, Inc., ––– U.S. ––––, 135 S.Ct. 1338, 191 L.Ed.2d 279 (2015)

. Young held that an employer's facially neutral accommodation policy gives rise to an inference of pregnancy discrimination if it imposes a significant burden on pregnant employees that is not justified by the employer's non-discriminatory explanation. We conclude that Legg has presented sufficient evidence to support a pregnancy discrimination claim under Young and therefore vacate the judgment in part and remand with instructions to conduct a new trial.

The defendants appeal from post-judgment orders denying their motions for judgment as a matter of law or, alternatively, for a new trial on Patricia Watson's claim of a sex-based hostile work environment. The district court, without objection, initially granted the defendants an extension of time to file their post-trial motions. However, after the motions were filed, the court denied them for want of jurisdiction, believing that it had lacked authority under Federal Rule of Civil Procedure 6(b)(2)

to grant an extension and that the time limitations are jurisdictional. We conclude that the district court erred in denying the motions for want of jurisdiction and that, although it lacked authority under Rule 6(b)(2) to grant an extension, it had discretion to consider whether the plaintiffs waived compliance with the rule or whether an equitable exception applied. Accordingly, we vacate the post-judgment orders and remand for further proceedings consistent with this opinion.

BACKGROUND

Legg began working as a corrections officer for the Ulster County Jail in 1996. At the time, the County maintained a policy under which employees injured on the job were eligible for light duty assignments, defined as clerical and other duties that would not aggravate the employee's condition. Under Sheriff VanBlarcum's implementation, the policy did not apply to pregnant employees because their condition did not result from a line-of-duty injury. Consequently, pregnant employees' only options were to continue working full duty, use accrued sick, vacation, or personal time, or take Family and Medical Leave Act or disability leave.

After a number of pregnancy-related complications, Legg became pregnant in 2008. Because the pregnancy was high risk, her doctor recommended that she work light duty and provided a note, on July 8, stating that she was “able to work at this time but shouldn't have direct contact with inmates.” Joint App'x at 923. VanBlarcum directed Undersheriff Frank Faluotico to deny her request to accommodate her doctor's recommendation. On July 10, Faluotico informed Legg that “[e]mployees are afforded light duty assignments at the Sheriff's discretion for work-related injuries/illnesses only,” and she therefore had “the option of being re-evaluated by [her] attending physician and returning to work full duty capacity as a Correction Officer or [to] utilize accrued time (sick, vacation, personal) and file for [New York State] Disability benefits.” Id. at 925. Faluotico requested that Legg notify him of her response as soon as possible.

Later that day, Legg received a call from Lieutenant Jon Becker, who said that he would take care of her by assigning her to light duty positions if she obtained a revised doctor's note stating that she was able to work. Legg submitted a new note that day indicating that she was “able to work with no restrictions.” Id. at 924.

For a time, Legg was assigned to light duty tasks as promised. By August, however, she was gradually required to work with inmates again. While working in a cell block in November, by then approximately seven months pregnant, Legg came upon two inmates fighting in the bathroom and was bumped as one ran past her. As a result of this incident, she left work and did not return until after she gave birth.

After Legg returned to work, she brought this action against the County and several of its officials, including VanBlarcum, alleging that the denial of her request for an accommodation amounted to pregnancy discrimination in violation of Title VII. Legg, Watson, and two other female corrections officers also asserted claims for, among other things, a sex-based hostile work environment in violation of Title VII and 42 U.S.C. § 1983

.

The suit proceeded to trial and, at the close of Legg's direct case, the defendants moved for judgment as a matter of law pursuant to Rule 50

on the ground that all employees who had “outside line-of-duty disabilities” were treated the same under the light duty policy. Joint App'x at 674. The district court granted the motion, explaining that in requiring that the injury arise when the employee is on duty, the policy “applied across the board to everyone,” “[a]nd when the policy applies across the board to everybody, there's no discrimination.” Id. at 675–76. The remaining claims were submitted to the jury, which returned a verdict in Watson's favor on her hostile work environment claim but in the defendants' favor otherwise.

After the jury was excused, the defendants indicated that they intended to file post-trial motions and the district court, without objection from the plaintiffs, set a deadline of two weeks from the date that the defendants received the transcript. On August 20, 2014, the court entered final judgment, and on November 5, less than two weeks after receiving the transcript, the defendants filed their post-trial motions for judgment as a matter of law under Rule 50(b)

and, alternatively, for a new trial under Rule 59(b). The next day, the district court denied the motions as untimely, concluding that although the defendants had been granted an extension, they were nonetheless required to file their Rule 50(b)

and Rule 59(b) motions no later than 28 days after the entry of judgment, and under Rule 6(b)(2) these deadlines were jurisdictional. The same day, the court denied the defendants' Rule 60 motion for reconsideration for essentially the same reason. Legg timely appealed from the judgment. The defendants cross-appealed and also appealed from the district court's November 6 orders denying their post-trial motions.

DISCUSSION

I.

We begin with the dismissal of Legg's pregnancy discrimination claim. Rule 50

allows a district court to grant a motion for judgment as a matter of law in favor of the defendant if, at the close of the plaintiff's case, a reasonable jury would not have a legally sufficient basis to find for the plaintiff on an issue essential to her claim. Fed.R.Civ.P. 50(a)(1)(B). We review the district court's decision de novo, drawing all reasonable inferences in the non-movant's favor and disregarding any evidence favorable to the movant that the jury is not required to believe because it is contradicted or impeached. Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000).

A.

Title VII prohibits discrimination with respect to the terms, conditions, or privileges of employment because of a person's sex. 42 U.S.C. § 2000e–2(a)(1)

. In 1978, Congress passed the PDA, which expressly overruled the Supreme Court's holding in General Electric Co. v. Gilbert, 429 U.S. 125, 97 S.Ct. 401, 50 L.Ed.2d 343 (1976), that pregnancy discrimination is not sex discrimination. The PDA accomplished this by adding the following to Title VII's definitional section:

The terms “because of sex” or “on the basis of sex” include, but are not limited to, because of or on the basis of pregnancy, childbirth, or related medical conditions; and women affected by pregnancy, childbirth, or related medical conditions shall be treated the same for all employment-related purposes ... as other persons not so affected but similar in their ability or inability to work.

Pub. L. 95–555, 92 Stat. 2076 (1978)

(codified at 42 U.S.C. § 2000e(k) ); see

Newport News Shipbuilding & Dry Dock Co. v. E.E.O.C., 462 U.S. 669, 670–71 & n. 1, 103 S.Ct. 2622, 77 L.Ed.2d 89 (1983). This provision “makes clear that it is discriminatory to treat pregnancy-related conditions less favorably than other medical conditions.” Newport News, 462 U.S. at 684, 103 S.Ct. 2622.

Like other Title VII discrimination...