Peter v. Lincoln Technical Institute, Inc.

Decision Date30 August 2002
Docket NumberNo. 01-CV-5949.,01-CV-5949.
Citation255 F.Supp.2d 417
PartiesRobin L. PETER, Plaintiff v. LINCOLN TECHNICAL INSTITUTE, Defendant
CourtU.S. District Court — Eastern District of Pennsylvania

Donald P. Russo, Bethlehem, PA, for Robin L. Peter.

John H. Schmidt, Jr., Lindabury, McCormick and Estabrook, Westfield, NJ, Sharon M. Erwin, Law Offices of Sharon M. Erwin, LLC, Philadelphia, PA, Robert S. Schwartz, Lindabury, McCormick and Estabrook, Westfield, NJ, for Lincoln Technical Institute, Inc.

MEMORANDUM and ORDER

VAN ANTWERPEN, District Judge.

Plaintiff Robin L. Peter ("Peter" or "Plaintiff) brought suit against her employer Lincoln Technical Institute, In ("LTI" or "Defendant") alleging that she was not offered reasonable accommodation and discriminatorily discharged on the basis of a disability in violation of the Americans With Disabilities Act, 42 U.S.C. § 12101 et seq. ("ADA") and the Pennsylvania Human Relations Act, 43 P.S. §§ 955 and 962 ("PHRA"). She further alleges that she was discharged while on disability leave, without being given an adequate opportunity to submit proper medical certification, in violation of the Family Medical Leave Act, 29 U.S.C. § 2601 et seq. ("FMLA") and retaliated against for attempting to secure her rights under the same, in violation of 29 U.S.C. § 2615(a)(2). Defendant has moved for summary judgment on all counts.

We now find that Plaintiffs claims under the ADA and PHRA are time-barred because she failed to file them within the 300-day statutory period, and that even if they were not time-barred, Plaintiff has not produced sufficient evidence to establish her prima facie case. Summary judgment is therefore granted to Defendant on counts one and four of Plaintiffs complaint. We decline to grant summary judgment with respect to Plaintiffs FMLA claims.

I. INTRODUCTION

Our decision takes into account Plaintiffs Complaint, filed in the Court of Common Pleas of Lehigh County, Pennsylvania on November 1, 2000 and removed to this court on December 7, 2001 ("Complaint"), Defendant's Answer to Complaint with Affirmative Defenses, filed on November 30, 2001 ("Answer"), Defendant's Motion for Summary Judgment, Brief and Exhibits, filed on July 10, 2002 ("SJ Mot."),1 Plaintiff Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment, filed on August 12, 2002 ("Opp. to SJ"), and Defendant's Reply to Plaintiffs Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment ("Reply").

II. STATEMENT OF JURISDICTION

We have original subject matter jurisdiction over ADA and FMLA claims under 28 U.S.C. § 1331. We consider plaintiffs PHRA claim by exercising our supplemental jurisdiction under 28 U.S.C. § 1367(a), as that claim arises out of the same operative facts and transaction with Defendant.

III. STANDARD OF REVIEW

The court shall render summary judgment "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 judgment as a matter of law." Fed.R.Civ.P. 56(c). An issue is "genuine" only if there is a sufficient evidentiary basis on which a reasonable jury could find for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A factual dispute is "material" only if it might affect the outcome of the suit under governing law. Id. at 248, 477 U.S. 242, 106 S.Ct. 2505. All inferences must be drawn, and all doubts resolved, in favor of the non-moving party. United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962); Gans v. Mundy, 762 F.2d 338, 341 (3d Cir.1985), cert. denied, 474 U.S. 1010, 106 S.Ct. 537, 88 L.Ed.2d 467 (1985).

On motion for summary judgment, the moving party bears the initial burden of identifying those portions of the record that it believes demonstrate the absence of genuine dispute as to any material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). To defeat summary judgment, the non-moving party must respond with facts of record that contradict the facts identified by the movant and may not rest on mere denials. Id. at 321 n. 3, 477 U.S. 317,106 S.Ct. 2548 (quoting Fed.R.Civ.P. 56(e)); see First Nat'l Bank of Pennsylvania v. Lincoln Nat'l Life Ins. Co., 824 F.2d 277, 282 (3d Cir.1987). The non-moving party must demonstrate the existence of evidence that would support a jury finding in its favor. See Anderson, 477 U.S. at 248-49, 106 S.Ct. 2505.

In discrimination and retaliation cases, proof at summary judgment follows a wellestablished burden-shifting approach first set forth in McDonnell Douglas Corporation v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Under this burden-shifting approach, once a plaintiff has established a prima facie case of discrimination or retaliation, the defendant must rebut an inference of wrongdoing with evidence of a legitimate, non-discriminatory or non-retaliatory reason for the action taken. Delli Santi v. CNA Ins. Cos., 88 F.3d 192, 199 (3d Cir.1996); Weston v. Commonwealth of Pennsylvania, 251 F.3d 420, 432 (3d Cir.2001). If a defendant successfully meets its burden in a discrimination or retaliation case, then in order to avoid summary judgment, the plaintiff must present evidence of pretext or coverup, or show that discrimination played a role in the employer's decision making and had a determinative effect on the outcome. Fuentes v. Perskie, 32 F.3d 759, 764 (3d Cir.1994); Weston, 251 F.3d at 432. The ultimate burden to prove discrimination on the basis of the claimed protected class— the burden of production—remains with the plaintiff at all times. See Barber v. CSX Distrib. Servs., 68 F.3d 694, 698 (3d Cir.1995). Notwithstanding the moving party's burden, the Third Circuit urges special caution in granting summary judgment to an employer when its intent is at issue, particularly in discrimination and retaliation cases. Goosby v. Johnson & Johnson Med., Inc., 228 F.3d 313, 321 (3d Cir.2000).

IV. FACTUAL BACKGROUND

LTI employed Peter from October 6, 1994 through June 25, 1999 in the position of education clerk. Peter received generally favorable annual evaluations, but was subject to negative performance evaluations on three occasions. On November 21, 1996 and November 4, 1997, she received memoranda indicating that her job performance was unsatisfactory. On January 15, 1999, Plaintiff was placed on a one-month probation because of her lack of personal initiative, inaccuracy and low productivity.

At some time in early 1999, Peter began experiencing significant difficulty staying awake at work because she could not sleep restfully at night. She began falling asleep several times a day for a few minutes at a time, even while working at her supervisor's computer or transferring phone calls. She would wake up five or six times each night and occasionally have to get out of bed.

On May 28, 1999, Peter's immediate supervisor, Jennie Hunsicker ("Hunsicker"), called her in for a brief conference to discuss her poor work performance, absenteeism, and seeming inability to stay awake on the job. Hunsicker recommended that Peter take some time off and consult a physician about her "illness" so that LTI could determine whether Peter was eligible for disability leave. Peter's last day of work was May 28, 1999, and she called Hunsicker on June 1 to tell her that she would be taking one month's leave of absence. At that time, Hunsicker informed her that she would need to provide medical certification of her illness in order for LTI to determine whether she was eligible for either disability or FMLA leave and provided her with the necessary forms.

Peter completed her portion of the certification forms the same day and dropped them off at her physician's office. Dr. Galgon, the treating physician, told her that he would fill them out and mail them that day. However, Dr. Galgon did not return the forms as promised. Indeed, he did not sign them until June 25, 1999 and LTI did not receive them until June 29, 1999. Between June 1 and June 25, Hunsicker contacted Peter by phone at least three times and possibly as often as twice each week to find out where the requested medical certification was. Each time that Peter spoke with Hunsicker, she informed her that she had completed her portion of the forms and given them to her doctor to complete, and that her doctor's office told her they would send them to LTI. After each call from Hunsicker, Peter called Dr. Galgon's office to ask him to complete the forms. She was unable, until June 25, 1999, to speak directly to the doctor but was assured by his staff that the forms would be "out by the end of the week."

On June 25, 1999, Hunsicker and her supervisor, Lisa Kuntz ("Kuntz"), made the determination that Peter had abandoned her job and decided to "accept her resignation."2 Peter received a letter from LTI informing her of her termination on June 28, 1999, and immediately visited Kuntz in her office to plead for her position back. Her request was unavailing, and Peter never returned to work at LTI. The following day, LTI received Peter's UNICARE disability claim form, completed by Dr. Galgon. It indicated that Peter had been diagnosed with severe sleep apnea and severe sleepiness, had been unable to work because of this condition since June 1, 1999 and would require an "indefinite" period to recover.

On July 12, 1999, Peter filed a charge with the United States Department of Labor alleging that LTI had violated her rights under the FMLA. On July 11, 2000, she filed a charge with the Equal Employment Opportunity Commission alleging that LTI had violated her rights under the ADA. After she received her...

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