Matczak v. Frankford Candy and Chocolate Co.

Decision Date23 December 1997
Docket NumberNo. 97-1057,97-1057
Citation136 F.3d 933
Parties11 NDLR P 243 Joseph R. MATCZAK, v. FRANKFORD CANDY AND CHOCOLATE COMPANY, Joseph Matczak, Appellant.
CourtU.S. Court of Appeals — Third Circuit

Edward J. Daly (argued), Philadelphia, PA, for Appellant.

Marvin L. Weinberg (argued), Fox, Rothschild, O'Brien & Frankel, Philadelphia, PA, for Appellee.

Jennifer S. Goldstein (argued), Equal Employment Opportunity Commission, Washington, DC, for Amicus-Appellant.

Before: COWEN, ROTH, and LEWIS, Circuit Judges.

OPINION OF THE COURT

LEWIS, Circuit Judge.

In this case, we must determine whether an epileptic, who controls his disability with medication, can maintain an employment discrimination action without showing he satisfied his employer's expectations or showing favorable treatment of non-disabled employees by the employer. We hold that such an individual can present a prima facie case of employment discrimination and therefore should survive a motion for summary judgment.

We will reverse the judgment of the district court as to this claim and remand for further proceedings.

I.

Plaintiff-appellant Joseph Matczak began working for defendant-appellee Frankford Candy and Chocolate Company ("Frankford") in April 1993 as a Maintenance Supervisor. After about ninety days, Matczak was reassigned to the position of Building Maintenance Supervisor. The duties of this position included maintaining Frankford's facilities and supervising two mechanics. In November 1993, Matczak suffered an epileptic seizure at work and was hospitalized for seventeen days. He had been diagnosed with epilepsy almost thirty years earlier but had controlled the condition with medication and had never experienced a seizure prior to this incident.

Matczak's doctor put him on a new medication for about five and a half months and restricted his physical activities for that period of time. The doctor sent a note to Matczak's superiors at Frankford, informing them of the restrictions on Matczak's activities. The note stated: "Mr. Matczak is under my care and cannot at present work around moving machinery, operate a vehicle or work at heights. He can, however, effectively supervise this type of work by others.... This applies for the next 5 1/2 month[s.]" Appendix at 51a. Upon his return to work in December, Frankford placed Matczak on restricted duty and assigned various tasks to him which were not prohibited by his doctor (e.g., creating a computer inventory of machinery parts). In April 1994, Frankford fired Matczak. Frankford's reasons for firing Matczak are unclear since it has offered two conflicting explanations: (1) Matczak was fired because "he did not adequately perform the tasks he was given after he returned to work" and (2) Matczak was fired because "business was slow ... and his job was being eliminated." Matczak v. Frankford Candy and Chocolate Company, 950 F.Supp. 693, 695 (E.D.Pa.1997). Matczak claims these explanations serve as pretext for the real reason he was fired: because he has epilepsy.

Matczak brought suit against Frankford in district court for alleged violations of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., and the Pennsylvania Human Relations Act ("PHRA"), 43 PA. CONS. STAT. ANN. . § 951 et seq. 1 Matczak also made claims of negligent and intentional infliction of emotional distress. Pursuant to Federal Rule of Civil Procedure 56(c), Frankford moved for summary judgment as to all claims. The district court granted the motion, finding that (1) Matczak was not actually disabled under the ADA; (2) even if a jury considered Matczak "regarded as" disabled by his employer, he had not presented requisite elements of a prima facie case of employment discrimination; and (3) the negligent and intentional infliction of emotional distress claims were without merit.

II.

The ADA prohibits discrimination by an employer "against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment." 42 U.S.C. § 12112(a). The ADA defines a "disability" as: "(A) a physical or mental impairment that substantially limits one or more of the major life activities of [an] individual; (B) a record of such impairment; or (C) being regarded as having such an impairment." 42 U.S.C. § 12102(2). A "qualified individual with a disability" is an individual "with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires." 42 U.S.C. § 12111(8).

Before the district court, Matczak claimed protection under the ADA because his epilepsy is a physical impairment substantially limiting major life activities. Alternatively, Matczak claimed that, even if his impairment is not substantially limiting, Frankford regarded him as being substantially limited by it. Matczak made no claim that he had satisfied Frankford's expectations with regard to his performance or that Frankford had treated employees outside the ADA's protected class more favorably.

The district court acknowledged that Matczak's epilepsy would constitute a physical impairment under the ADA but found that the impairment did not substantially limit any major life functions other than "some manual tasks, such as climbing heights or working around machinery." Matczak, 950 F.Supp. at 696. The district court also concluded that the impairment could not be "severe or permanent" because the condition was only to last "approximately six months." Id. However, noting that a jury could conclude Matczak was "regarded as" disabled by Frankford, the district court turned to Matczak's prima facie case of discrimination. Id. at 697. The district court determined that a prima facie case required a showing that the employer's legitimate expectations were met and that employees outside the protected class received favorable treatment. Id. Since Matczak did not present evidence of these two elements, the district court ruled that he did not present a prima facie case of employment discrimination. Id. The district court also found no evidence to support Matczak's claims of negligent and intentional infliction of emotional distress. Id. Based on these conclusions, the district court granted Frankford's motion for summary judgment. Id.

III.

We have appellate jurisdiction pursuant to 28 U.S.C. § 1291. We exercise plenary review over a district court's grant of summary judgment. Olson v. General Electric Astrospace, 101 F.3d 947, 951 (3d Cir.1996). We apply the same test the district court should have applied in the first instance. Lawrence v. National Westminster Bank, New Jersey, 98 F.3d 61, 65 (3d Cir.1996). We must therefore determine whether the record, when viewed in the light most favorable to Matczak, shows that there is no genuine issue of material fact and that Frankford was entitled to summary judgment as a matter of law. See Celotex Corporation v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 2552-53, 91 L.Ed.2d 265 (1986); Brewer v. Quaker State Oil Refining Corporation, 72 F.3d 326, 329-30 (3d Cir.1995).

IV.

We first consider the district court's conclusions with regard to Matczak's ADA claims. As to these claims, the district court concluded that: (1) Matczak could not claim to be actually disabled under the ADA and (2) Matczak could claim to be "regarded as" disabled but did not present a prima facie case of discrimination. We will address each of these assessments in turn.

A.

The district court determined that Matczak's impairment did not substantially limit major life activities because he was only restricted from participating in a small number of activities and would only be restricted to that degree for a few months. This reasoning is flawed; it confuses the disease with its treatment.

Matczak's doctor did not predict that his epilepsy would be cured in five and a half months. He merely prescribed certain medication and prohibited specific activities for that period. Appendix at 51a. The logical inference is that, after that period, the doctor expected Matczak to resume living with epilepsy as he had for most of the past three decades. The record only indicates that the restrictions and course of medication were to last five and a half months. No evidence supports the conclusion that Matczak's epilepsy would have been cured after that period.

Furthermore, although the district court correctly observed that Matczak can engage in most life activities, it neglected to note that he can only do so with the assistance of medication. Matczak has lived a relatively normal life in spite of his epilepsy, but he has done so by taking medication to control the condition. Appendix at 30a.

The ADA itself does not say whether mitigating measures should be considered in determining whether a given impairment substantially limits one or more of the major life activities of an individual. Nonetheless, we do receive guidance from two other sources. First, the Equal Employment Opportunity Commission ("EEOC") has set forth interpretive guidelines for the ADA that state, "The determination of whether an individual is substantially limited in a major life activity must be made ... without regard to mitigating measures such as medicines, or assistive or prosthetic devices." 29 C.F.R. pt. 1630 App. § 1630.2(j). Although we are not bound by the EEOC's guidelines, we do afford its interpretation a great deal of deference since Congress charged the EEOC with issuing regulations to implement the ADA. See 42 U.S.C. § 12116; Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 844, 104 S.Ct. 2778, 2782, 81 L.Ed.2d 694 (1984) (stating deference is "accorded to an [agency's] construction...

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