Morris-Huse v. Geico
| Decision Date | 30 January 2018 |
| Docket Number | Case No: 8:16-cv-1353-T-36AEP |
| Court | U.S. District Court — Middle District of Florida |
| Parties | SUSAN MORRIS-HUSE, Plaintiff, v. GEICO, Defendant. |
This cause comes before the Court on Defendant's Motion for Summary Judgment and Incorporated Memorandum of Law (Doc. 32), Plaintiff's Memorandum in Opposition to the Defendant's Motion for Summary Judgment (Doc. 38), and Defendant's Reply Brief in Support of Its Motion for Summary Judgment (Doc. 42). Plaintiff filed a Complaint (Doc. 1) alleging that she is an employee of Defendant, which discriminated against her by failing to accommodate her disability in violation of the Americans with Disabilities Act ("ADA"). Defendant moved for summary judgment on Plaintiff's claim. Doc. 32. Upon due consideration of the parties' submissions, including depositions, declarations, and exhibits, and for the reasons that follow, the Court will grant GEICO's motion for summary judgment.
Morris-Huse has been employed by GEICO since 1992. Morris-Huse Depo. 51:6-7. She worked in the Woodbury, New York office from 1992 to November 2014, when she transferred to GEICO's Lakeland, Florida office. Mahler Decl. ¶ 6. She remains employed by GEICO, but has not worked since June 15, 2015. Morris-Huse Depo. 32:8-11; Mahler Decl. ¶ 7. She is currently on long term disability, and her date of disability was determined to be May 1, 2015. Morris-Huse Depo. 13:1-13, Ex. 1. Morris-Huse has held the position of TCR 1 Supervisor since 2007. Mahler Decl. ¶ 7.
GEICO has a written job description for TCR I Supervisor, dated November 2012. Morris-Huse Depo. Ex. 9. The primary position objective, according to GEICO, is "[u]nder general supervision, SUPERVISES the processing and settling of claims in a Telephone Claims Unit." Id. It lists the essential functions as:
As requirements, GEICO included being able to perform the essential functions of the job, including "performing duties in a stationary position at a workstation, seeing, hearing, typing, bending, reaching, lifting, carrying and speaking." Id. Morris-Huse agreed that this accurately described the essential functions of the job, except that she did not agree that interviewing and/orapproving job applicants, or assisting in preparation of plans and budgets constituted essential functions. Id. 56:8-55:2.
Morris-Huse was diagnosed with Meniere's Disease around 2003 or 2004. Id. 77:2-3. Meniere's Disease caused Morris-Huse to suffer from random attacks of vertigo, and nearly chonic bouts of dizziness and imbalance. Morris-Huse Depo. Ex. 10. Morris-Huse took disability leave intermittently after her diagnosis to attend doctor's appointments and because of symptoms of the disease. Id. 77:9-78:3. In July 2013, Morris-Huse went on open-ended medical leave to have a procedure for her condition. Id. 78:10-17, 79:25-80:5. She and her doctor, David Schessel, began communicating with GEICO regarding her return to work in October 2013. Id. Ex. 10, 11; Mahler Decl. ¶ 8. Ultimately, Morris-Huse returned to work as a TCR 1 Supervisor, a position she had held since 2007. Mahler Decl. ¶ 7.
On October 10, 2013, Schessel, wrote to GEICO regarding Morris-Huse's employment. Morris-Huse Depo. Ex. 10. He wrote that the "disorder produce[d] random attacks of vertigo and in her case, nearly chronic bouts of dizziness and imbalance." Id. He stated that although Morris-Huse was "able to work a full day, she [wa]s unable to reliably drive long distances and do things that require[d] walking up and down stairs." Id. Because of this, Schessel "recommended that [Morris-Huse] be allowed to work from home with a reduced need to drive to work on a daily basis." Id. Schessel also completed a Health Care Provider Certification for Job Adjustment Request, which also stated that Morris-Huse suffered from Meniere's Disease, which caused random attacks of incapacitating vertigo. Id. Ex. 12. He wrote that Morris-Huse was able to work a full schedule, but driving to work or taking stairs was problematic. Id. He stated that an accommodation that limited her need to drive to work would enable her to perform the essential functions of her job, and recommended that performing most work from home would be best. Id.
GEICO concluded that the medical documents provided by Morris-Huse and her doctor did not establish that Morris-Huse was unable to work in the office, but instead required an accommodation that eliminated the need to travel long distances to and from work. Mahler Decl. ¶ 8. GEICO suggested that Morris-Huse utilize mass transit to travel to and from the office to accommodate her driving limitations. Id. ¶ 10. GEICO also investigated use of the Suffolk County Accessible Transportation, which was determined not to be an option. Id. Additionally, GEICO set up a ride-share program by asking associates located in the same vicinity as Morris-Huse whether they could transport her to and from work. Id. ¶ 11. Various employees in the Woodbury office were able to do so. Id. To accommodate the need to avoid stairs, GEICO was advised that she could use the elevator. Id. ¶ 12. GEICO also informed Morris-Huse that should she experience symptoms during work, she could use her supervisor's office, a conference room, a utility room, or the ladies room lounge while the symptoms were ongoing. Id. ¶ 13.
Morris-Huse determined that public transportation was not a viable option, although she could not recall if she ever provided medical documentation to support this conclusion. Morris-Huse Depo. 150:18-19. She testified during her deposition that the movements of the train and visual stimulation from the window made riding a train difficult. Id. 150:21-22. Additionally, she would be required to use three to four forms of transportation to get from her house to the train station, and from the train station to the office. Id. 151:18-25. Morris-Huse never tried taking the train. Id. 216:13-16.
Despite being unsure of whether she could perform her job duties remotely, Morris-Huse requested as an accommodation to be able to telecommute, at least on a trial basis, or be assigned to another position within GEICO. For example, on October 24, 2013, Morris-Huse wrote to GEICO that she was "not asking for an accommodation to continue working as a supervisor in theTA1 department" because "[i]t [wa]s obvious based on [her] limitations that it [wa]s not possible." Morris-Huse Depo. Ex. 11. Specifically, Morris-Huse wrote that "[b]ased on [her] mobility limitations [she] inquired if that [wa]s another position available for [her]." Id. She additionally indicated that she sought a position for which she could telecommute. Id. Similarly, within the same e-mail conversation, Morris-Huse had earlier indicated that although she was "capable of working and . . . anxious to return to work, [her] inability to drive long distances, and [her] balance and intermittent vertigo ma[d]e a commitment to being in the office difficult." Id. Thus, she inquired whether "there were any positions open that would possibly be more suited for [her] due to [her] disability." Id. During her 2017 deposition, Morris-Huse no longer agreed with her October 24, 2013 assessment that she would not be able to continue working as a supervisor. Id. 86:9-13.
Similarly, on November 8, 2013, Morris-Huse wrote to GEICO's Leave Administrator, Jennifer Einbinder, that she was unable to drive, and commuting to the Woodbury office on a daily basis was problematic. Id. Ex. 13. She stated that the symptoms of Meniere's disease were often optically stimulated, including by things such as flickering fluorescent lights, computer screens, and patterned carpeting. Id. Because of these issues, she requested an accommodation under the ADA, specifically, to be permitted to telework. Id. She recognized, however, "that performing [her] job while not physically in the building [wa]s questionable even with significant accommodation," but that it might be possible "on a temporary basis." Id. She further advised that she "could make travel arrangements to be in the office for a few days a week on a flexible basis." Id. In the event that such accommodations would result in undue hardship, Morris-Huse requested to be reassigned to another position that could be performed via telecommuting. Id. She suggested CU examiner, or claims file auditor. Id.
Thereafter, on November 18, 2013, Morris-Huse e-mailed GEICO explaining that Meniere's Disease is an inner ear problem that causes bouts of vertigo, balance instability, and hearing loss. Id. Ex. 15. She explained that despite taking medication for the disease and other attempts to minimize symptoms, she had not gone more than a few days without vertigo. Id. She again explained her mobility issues, and that the office environment could stimulate vertigo. Id. She also stated that public transportation was not an option because ...
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