Medley v. Valentine Radford Communications, Inc., WD 64606.

Citation173 S.W.3d 315
Decision Date01 November 2005
Docket NumberNo. WD 64606.,WD 64606.
PartiesKaren MEDLEY, Appellant, v. VALENTINE RADFORD COMMUNICATIONS, INC., Respondent.
CourtUnited States State Supreme Court of Missouri

Michael J. Gallagher, Kansas City, MO, for Appellant.

Larry M. Schumaker, Kansas City, MO, for Respondent.

Before: THOMAS H. NEWTON, P.J., HAROLD L. LOWENSTEIN and PATRICIA A. BRECKENRIDGE, JJ.

THOMAS H. NEWTON, Presiding Judge.

I. FACTUAL AND PROCEDURAL BACKGROUND

Ms. Karen Medley began working for Valentine Radford in February 2001 as a media supervisor. She worked between fifty and sixty hours a week. She was responsible for negotiating and buying media for clients and for various other media distribution matters. Because she had already planned a vacation for March 2001, she was hired with the understanding that she could take a week off for that vacation without pay. As a part of her benefits, she was given five days of sick leave and fifteen days of vacation, in addition to the week off in March.

Ms. Medley missed a week of work in April 2001 due to a sinus infection. She then missed three weeks of work from June 25 to July 13 due to a "menstrual episode" and "fatigue." When she returned, she had used up all of her paid sick leave and vacation time for the year. A few months after Ms. Medley started at Valentine Radford, she began experiencing unusual menstrual periods with excessive bleeding and cramping. She was ultimately treated by Dr. Ryan Reynolds, a gynecologist, for a fundal uterine mass and diagnosed with menorrhagia and dysmenorrea. She began treatment for this by being placed on Depo Provera in September 2001. She followed Valentine Radford's policy to request short-term disability by filling out an Employee Statement and providing an Attending Medical Doctor's Statement and went on disability leave on September 16, 2001, with a return date of November 1, 2001.

Ms. Medley learned that, as a result of her health problems, she would be unlikely to ever have children. She began to experience depression, and in October 2001 she saw licensed clinical social worker Riley Bishop. He advised her that it would not be in her best interests to return to work immediately. Mr. Bishop wrote a note requesting additional medical leave for Ms. Medley, but because he is not a medical doctor, that note was not sufficient to entitle Ms. Medley to further medical leave. She did not return to work on November 1, 2001.

On November 12, 2001, Ms. Medley filled out another Employee Statement, describing her symptoms as fatigue, anxiety, and depression and stating that she had trouble doing normal daily functions. On November 19, 2001, Ms. Medley sent an email to Ms. Carla Brown, Human Resources Manager, telling her that she would submit the paperwork for her absence since November 1 "as soon as I can get a handle on it." Ms. Medley saw Dr. Reynolds, but he was not able to provide her with a medical excuse because he was only treating her for her physical problems, which were improving, and not her depression. Ms. Medley then made an appointment for December 11, 2001, with Dr. Walker, a psychiatrist, to get the proper paperwork. She sent Ms. Brown and Mr. Jeff Huggins, Vice President/Director of Operations, an email letting them know that about her upcoming appointment with Dr. Walker. On December 4, 2001, Mr. Huggins sent her an email telling her that even after repeated requests they had no paperwork from a medical doctor stating that she could not come back to work and so if she did not return by December 10 then he would accept that as her voluntary resignation.

Ms. Medley returned to work on December 5, 2001. She wrote an email to her boss, Mr. Norm Olson, advising him of upcoming doctors' appointments and a family matter that would require her to miss various days of work. There was no objection to those missed days. Ms. Medley had a relapse of her physical problems and began missing work again on December 26, 2001. She sent an email to Mr. Olson each morning letting him know that she would not be able to work and explaining what her symptoms were. On January 2, 2002, she sent Mr. Olson an email explaining that she would not be able to work full-time for the rest of the week and had an appointment with Dr. Reynolds the next week to evaluate surgical options. She offered to come in for half days or to work from home in the interim. Mr. Huggins sent her an email and a letter on January 3, 2002, stating that because she had not been able to work on a regular basis and had not provided a valid doctor's excuse, "we have to assume that you have abandoned your position."

On January 25, 2002, Ms. Medley's attorney wrote to Mr. Huggins and Ms. Brown, demanding that Ms. Medley be reinstated and asserting that Valentine Radford had violated the Missouri Human Rights Act (MHRA) and the Americans with Disabilities Act (ADA). On February 8, 2002, Valentine Radford's attorney responded, denying liability and stating that Ms. Medley could reapply with the company. On February 27, 2002, Ms. Medley wrote to Ms. Brown to reapply and asked what she needed to do to pursue that. Mr. Huggins responded by sending Ms. Medley a letter telling her to email her resume to human resources where it would be reviewed if a position was available that met her qualifications. Nothing further happened regarding Ms. Medley's efforts to get rehired. Her former position was never filled; her duties were instead divided among other employees in her department.

Ms. Medley filed a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) and the Missouri Commission on Human Rights (MCHR), alleging that she was discharged because of her disability in violation of the MHRA, section 213.010, et seq.1 On November 8, 2002, the MCHR issued its Notice of Right to Sue. Ms. Medley brought this lawsuit against Valentine Radford, alleging that it discharged her because of her disability, in violation of the MHRA, refused to reasonably accommodate her disability, and retaliated against her by not rehiring her because she opposed its refusal to reasonably accommodate her disability. The trial court granted Valentine Radford's motion for summary judgment. In its motion, Valentine Radford claimed that there was insufficient evidence to find that it violated the MHRA because it terminated Ms. Medley due to her failure to come to work regularly and insufficient evidence to find that it retaliated against her when it did not rehire her. Ms. Medley appeals.

Ms. Medley brings two points on appeal. She first claims that the trial court erred in granting Valentine Radford's motion for summary judgment on the claim of discrimination and refusal to accommodate. She claims that there were genuine issues of material fact as to whether Ms. Medley could establish a prima facie case of discrimination and refusal to accommodate. She next claims that the trial court erred in granting summary judgment on her claim that Valentine Radford retaliated against her by refusing to rehire her because she invoked her rights under the MHRA. She claims that there were disputed facts as to whether she could establish a prima facie case of retaliation.

II. STANDARD OF REVIEW

The trial court shall enter summary judgment only if "the motion, the response, [and] the reply ...show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Rule 74.04(c)(6). The appellate court reviews the grant of summary judgment essentially de novo. ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993). The record is reviewed in the light most favorable to the party against whom judgment was entered, and the non-movant is given the benefit of all reasonable inferences from the record. Id.

The moving party's entitlement to judgment as a matter of law revolves to a great extent around whether that party is the claimant or the defending party. Id. at 381. The claimant is the party "seeking to recover," and the defending party is the party "against whom a claim ... is asserted." Rule 74.04(a) & (b). Valentine Radford is the defending party. As the defending party, Valentine Radford is not required to controvert each element of Ms. Medley's claim to establish its right to summary judgment. ITT Commercial Fin. Corp., 854 S.W.2d at 381. Instead, Valentine Radford can establish its right to judgment by showing (1) facts that negate any one of Ms. Medley's elements; (2) that Ms. Medley, after an adequate period of discovery, has not been able to produce, and will not be able to produce, evidence sufficient to allow the trier of fact to find the existence of any one of her elements; or (3) that there is no genuine dispute as to the existence of each of the facts necessary to support Valentine Radford's properly-pled affirmative defense. Id. Valentine Radford relied on the first method by negating Ms. Medley's claim that she fit within the MHRA.

To prevent summary judgment, Ms. Medley needed to show that there is a genuine dispute as to the facts underlying Valentine Radford's right to judgment. See id. If the parties disagree on the legal effect and consequences of the facts, and not the relevant facts themselves, there is not a genuine dispute of facts precluding summary judgment. Betts-Lucas v. Hartmann, 87 S.W.3d 310, 322 (Mo.App. W.D.2002).

We will affirm a grant of summary judgment if the decision is correct "under any theory supported by the record developed below and presented on appeal." Victory Hills Ltd. P'ship. I v. NationsBank, N.A., 28 S.W.3d 322, 327 (Mo.App. W.D.2000). "If the trial court's judgment does not specify the basis upon which summary judgment was granted, we will uphold the decision if it was appropriate under any theory." Horneyer v. City of...

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