Leisen v. City of Shelbyville

• Decision Date: 22 May 1997
• Docket Number: No. IP 96-0121-C-B/S.,IP 96-0121-C-B/S.
• Citation: 968 F.Supp. 409
• Parties: Lori L. LEISEN, Plaintiff, v. CITY OF SHELBYVILLE, Defendant.
• Court: U.S. District Court — Southern District of Indiana

968 F.Supp. 409

Lori L. LEISEN, Plaintiff, v. CITY OF SHELBYVILLE, Defendant.

No. IP 96-0121-C-B/S.

United States District Court, S.D. Indiana, Indianapolis Division.

May 22, 1997.

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W. Russell Sipes, Laudig, George, Rutherford & Sipes, Indianapolis, IN, for plaintiff.

James S. Stephenson, Stephenson, Daly, Morow & Kurnik, Indianapolis, IN, for defendant.

ENTRY GRANTING MOTION FOR SUMMARY JUDGMENT

BARKER, Chief Judge.

Plaintiff Lori Leisen was the first female firefighter in the Shelbyville Fire Department. Leisen's employment as a firefighter began in September 1992, and was terminated in August 1995 because Leisen had failed to become a certified paramedic within three years, as required by the terms of her employment contract. Being the first woman firefighter in Shelbyville was apparently not easy for Leisen. Leisen alleges that during her employment she was subjected to sexual harassment and disparate treatment on the basis of her gender. Leisen also alleges that she suffered from "emotional disabilities" as a result of job-related stress and various personal crises, and that Defendant failed to accommodate her disability when it terminated her employment instead of granting her request for an extension of time in which to obtain her paramedic certificate. On January 26, 1996, Leisen filed a Complaint asserting the following legal claims:

1) Disparate Treatment Sex Discrimination. Leisen alleges that, because of her gender, she was treated less favorably than her male counterparts with regard to the terms and conditions of her employment, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ("Title VII") (Complaint at ¶ 14).

2) Sexual Harassment/Hostile Environment. Leisen alleges that she was sexually harassed and subjected to a hostile work environment because of her gender, in violation of Title VII. (Complaint at ¶ 15).

3) Disparate Impact. Leisen alleges that the policies and practices of the City of Shelbyville ("the City") regarding employment with the Fire Department had a discriminatory disparate impact on female employees, including herself, in violation of Title VII. (Complaint at ¶ 16).

4) Disability Discrimination. Leisen alleges that the City failed to accommodate her emotional disability, in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. ("ADA"). (Complaint at ¶¶ 17-20).

5) Breach of Contract. Leisen alleges that the City violated the terms of her contract of employment by refusing to pay for required training, which the City was obliged by the terms of the employment contract to pay for. (Complaint at ¶¶ 21-22).

This matter is now before the Court on the City's motion for summary judgment.¹ For the reasons discussed below, summary judgment is granted in favor of the City on Leisen's Title VII and ADA claims, and Leisen's state law Breach of Contract claim is dismissed without prejudice for lack of subject matter jurisdiction.

I. SUMMARY JUDGMENT STANDARD

Rule 56(c) of the Federal Rules of Civil Procedure provides that a motion for summary judgment shall be granted "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed. R. Civ. Pro. 56(c). A genuine issue of material fact exists if there is sufficient evidence for a jury to return a verdict in favor of the nonmoving party on the particular issue. Methodist Medical Center v. American Medical Sec., Inc., 38 F.3d 316, 319 (7th Cir.1994). In considering a summary judgment motion, a court must draw all justifiable inferences in the light most favorable to the opposing party, and must resolve any doubt against the moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 2513, 91 L.Ed.2d 202 (1986); Bank Leumi Le-Israel B.M. v. Lee, 928 F.2d 232, 236 (7th Cir.1991); Becker v. Tenenbaum-Hill Associates. Inc., 914 F.2d 107, 110 (7th Cir.1990). "Neither `the mere existence of some alleged factual dispute between the parties,' nor the demonstration of `some metaphysical doubt as to the material facts,' will sufficiently demonstrate a genuine issue of material fact. In that regard, the `mere existence of a scintilla of evidence in support of the plaintiffs position will be insufficient'." Forman v. Richmond Police Dept., 104 F.3d 950, 957 (7th Cir., 1997) (quoting Anderson, 477 U.S. at 247, 252, 106 S.Ct. at 2510, 2512; Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986)).

II. ANALYSIS

A. ADA Failure to Accommodate Claim

The City of Shelbyville, prior to 1991, had both a fire department and an ambulance department. Prior to 1986, the only requirement for employment in the ambulance department was that the employee be or become a certified emergency medical technician ("EMT"). After 1986, all new employees of the ambulance service were required to either be or become certified paramedics. (Schoentrup Aff. at ¶ 3).

On January 1, 1991, the ambulance service merged with the fire department. From that date until January 1, 1997, all new firefighters hired by the City were required to execute contracts which provided that the new employee would agree to become a certified paramedic within three years. Until the employee received paramedic certification, the employee remained on probationary status. (Schoentrup Aff. At ¶ 15; Leisen Dep., Exh. 1).

In September 1991, the fire department began the hiring process for four new employees. The published notice of the job openings included the requirement that the employee must become a certified paramedic. (Coulston Aff., Exh. 1). Leisen and three male applicants were selected for the positions. Leisen was presented with the employment contract noted above, read and understood the requirement that she was to become a certified paramedic within three years, and signed the contract on September 25, 1992. (Leisen Dep. at 19, Exh. 1).

Leisen's Attempts to Obtain Paramedic Certification.

In 1988, Leisen obtained certification as an EMT through a training course at Wishard Hospital in Indianapolis. She has maintained her EMT certification since that time by continuing to take training courses. (Leisen Dep. at 6-7). Prior to becoming employed at the Shelbyville Fire Department, Leisen had attempted to obtain paramedic certification through a course offered at Methodist Hospital in Indianapolis. Leisen did not complete the course, although she does not recall whether she withdrew or failed the course. (Leisen Dep. at 20-21). Leisen subsequently re-enrolled at Methodist for another paramedic course and was attending that course when she was hired by the fire department. Leisen was having problems in that course, although she does not recall the exact nature of the problems; and after consultation with the Fire Chief and the Director of Emergency Medical Services, it was agreed that she would drop out of the Methodist course and apply for a course at another hospital. (Leisen Dep. at 21-23). Shortly thereafter, Leisen enrolled in a paramedic certification program at St. Francis Hospital in Indianapolis. However, Leisen also had difficulties in the St. Francis course and was dismissed from the program in February 1994 for failing grades. (Leisen Dep. at 23).

After failing the St. Francis program, Leisen enrolled in another paramedic course offered by Columbus Regional Hospital. According to Leisen, this course went well until she failed the final examination in Advanced Cardiac Life Support. As a result of failing the ACLS final exam, Leisen was dismissed from the Columbus program in May 1995. (Leisen Dep. at 24; Coulston Aff., Exh. 3).

Leisen alleges that her failure to obtain her paramedic certification was the direct result of "emotional disabilities" she was suffering at the time. In addition to her stress and frustration at what she perceived to be sexual harassment and discrimination at work, Leisen was struggling to balance her work, her paramedic courses, and her family life. During the course of her employment, Leisen encountered a number of personal crises, including the death of her grandfather in March 1993 (Leisen Aff. at ¶ 24), her ex-husband filing a petition to gain custody of their two children in September 1993 (Leisen Aff. at ¶ 22; Leisen Dep. at 29-30), her failure to pass the various paramedic courses in which she enrolled, the award of custody of her two children to her ex-husband in September 1994 (Leisen Aff. at ¶ 15; Leisen Dep. at 29-30), and financial difficulties resulting from the loss of her second job in early 1995. (Leisen Aff. at ¶ 29).

In 1993 Leisen began experiencing what she describes as symptoms of "stress-related depression," including sleeplessness, irritability, anxiety, an inability to concentrate, memory problems, and difficulty in relating to those around her. (Leisen Aff. at ¶ 26). On February 22, 1994, she sought counseling through the City's Employee Assistance Program at Community Hospital. Leisen was assigned to William Nelson, a Certified Social Worker for counseling. (Leisen Aff at ¶ 45; Nelson Dep., Exh. 1, p. 1). Leisen attended counseling with Nelson through August 1995, with periodic long-term breaks. (Nelson Dep., Exh. 1, p. 16).

Leisen's Termination

After failing the Columbus paramedic certification program, Leisen realized that she would be unable to obtain her paramedic certification within the time required by her contract, and she requested a meeting with Fire Chief Kenneth Scott ("Chief Scott") and EMS Director Steve Schoentrup ("Schoentrup") to discuss the issue. At this meeting, Leisen told Scott and Schoentrup that she "just couldn't cope" with all of her responsibilities and asked them to extend her contract so that she could continue...