Quick v. Tripp, Scott, Conklin & Smith, P.A., 97-6784-CIV.

• Citation: 43 F.Supp.2d 1357
• Decision Date: 16 March 1999
• Docket Number: No. 97-6784-CIV.,97-6784-CIV.
• Parties: Dawn QUICK, Plaintiff, v. TRIPP, SCOTT, CONKLIN & SMITH, P.A., Defendant.
• Court: United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida

43 F.Supp.2d 1357

Dawn QUICK, Plaintiff, v. TRIPP, SCOTT, CONKLIN & SMITH, P.A., Defendant.

No. 97-6784-CIV.

United States District Court, S.D. Florida.

March 16, 1999.

COPYRIGHT MATERIAL OMITTED

G. Ware Cornell, Jr., Ft. Lauderdale, FL, for plaintiff.

Peter G. Herman, Ft. Lauderdale, FL, Arch Stokes, College Park, GA, for defendant.

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

GOLD, District Judge.

THIS CAUSE is before the Court upon Defendant's Motion for Summary Judgment [D.E. # 13]. Plaintiff, Dawn Quick, filed this action against Defendant, Tripp, Scott, Conklin & Smith, P.A., alleging that she was subjected to discrimination and termination on account of a recognized disability. Plaintiff claims violations of Title I of the Americans With Disabilities Act, codified at 42 U.S.C. § 12101, et seq. (the "ADA"), and of the Florida Civil Rights Act of 1992, Fla.Stat. § 760.01, et seq. (the "Florida Act").

Pursuant to 28 U.S.C. § 1331, this Court has jurisdiction over Plaintiff's claims arising under federal law. The Court has pendent jurisdiction over Plaintiff's state law claims pursuant to 28 U.S.C. § 1367.

Defendant has moved for summary judgment on the bases that: (1) Plaintiff is not an "otherwise qualified individual with a disability" as required for entitlement to relief under the ADA; (2) even if Plaintiff is considered to be a qualified individual with a disability, the accommodation demanded by Plaintiff was not reasonable; and (3) assuming Plaintiff can establish a prima facie case of discrimination under the ADA, Defendant has presented a legitimate, nondiscriminatory reason for its decision to terminate Plaintiff, which has not been rebutted by a preponderance of evidence. Plaintiff challenges Defendant's representation that no genuine issue of material fact exists concerning whether Defendant intentionally discriminated against Plaintiff based on her asserted disability. Specifically, Plaintiff claims that: (1) Defendant knew that Plaintiff was disabled (2) Defendant perceived Plaintiff as being disabled; (3) Plaintiff had a physical impairment which substantially limited a major life activity; (4) Defendant treated Plaintiff differently than other similarly situated employees who were not disabled; and (5) Defendant's articulated reasons for terminating Plaintiff were actually pretext for discrimination.

The Court finds that Plaintiff has not satisfied the elements necessary to establish a prima facie case under the ADA. Moreover, even if a prima facie case had been established, Plaintiff has not presented evidence that a genuine issue of fact exists regarding pretext to rebut Defendant's articulated legitimate, nondiscriminatory reasons for its decision to terminate Plaintiff's employment.

I. Factual and Procedural Background

Plaintiff's claims derive from her employment as a junior paralegal at Defendant's law firm. The facts in the record, viewed in the light most favorable to Plaintiff ("Quick"), reflect that Quick was hired by Defendant ("Tripp Scott") on October 30, 1991. Initially, Quick was responsible for providing copying services and ensuring that office supplies were sufficiently stocked. Within a year of her hire, Quick was promoted to the position of file clerk. Subsequently, she was promoted to the position of junior paralegal in Tripp Scott's insurance defense department in late 1993 or early 1994. Throughout her employment history with Tripp Scott, Quick received above average periodic evaluations and salary increases commensurate with her improved abilities. At all times, Quick's ultimate supervisor was Anne Lopez, Tripp Scott's office manager.

Quick's responsibilities as a junior paralegal included typing, calendaring, file organization, subpoena tracking, and preparing notebooks and exhibits for trial. It is apparent that she was well liked and appreciated by her supervising paralegals. Although Quick admits that she occasionally missed work to care for her child, her punctuality and attendance were rated average or above. There are no records of disciplinary actions instituted against her.

In September 1995, Quick took a fourteen-week maternity leave of absence. Prior to taking her leave, Quick trained Cathy Sampsidis to fill in for her in the insurance defense department. Sampsidis, who had been hired on July 7, 1995, had been working as a junior paralegal in Tripp Scott's medical malpractice department. When Quick returned from maternity leave on January 2, 1996, she resumed her position as junior paralegal in the insurance defense department.

Shortly thereafter, Quick began experiencing sinus problems and chronic headaches. She was diagnosed with a sinus infection and prescribed antibiotics. However, because Quick's symptoms persisted, she returned to her physician, who prescribed a stronger antibiotic and drew a blood sample for testing. On February 12, 1996, Quick was informed that her blood test revealed elevated liver enzyme levels, believed to be symptomatic of the antibiotic treatment. However, her headaches continued, accompanied by a low fever, nausea, and fatigue.

For several weeks, Quick continued to experience these chronic symptoms, Consequently, she returned to her physician, at which time additional blood was drawn on March 12, 1996. These test results revealed that Quick's liver enzyme levels remained high.

Because Quick missed work due to her medical appointments, she reported her absences to Cindy Miller, her supervising paralegal, and to Ellen Prescher, Lopez's assistant. Quick explained that she was seeking treatment for her chronic headaches.

While at Tripp Scott's offices on April 1, 1996, Quick telephoned her physician. Her doctor communicated that, although further testing was necessary, his initial findings indicated the probability that Quick had contracted the Hepatitis C virus. She was told that Hepatitis C is a non-curable disease that attacks and debilitates the liver. The virus is contagious, and is transmitted through sexual contact and interchanges of blood.

Devastated by the news, Quick broke down. Miller, overhearing Quick's crying, offered comfort. Quick related the doctor's preliminary findings. Upon learning of her condition, Miller assisted Quick in learning more about the disease.

When the preliminary diagnosis was confirmed later that month, Miller suggested that Quick speak with Paula Herman, a nurse. Ms. Herman was hired to provide consultations in Tripp Scott's medically-related cases. She is also the sister of Peter Herman, who, at that time, was the partner in charge of the insurance defense department.¹ Ms. Herman provided additional information about Hepatitis C and concurred that the disease is incurable.

Quick contends that Miller breached her confidence by divulging Quick's diagnosis to other employees at the firm. Although Quick asked Miller not to tell others, Miller allegedly told Lopez, Prescher, and Ms. Herman without Quick's permission. Nevertheless, when these employees offered condolences and support, Quick voluntarily explained her disease. Prescher also suggested that Quick remain silent about her condition to avoid phobic reaction by members of the firm. Quick continued to perform the essential functions of her job as a junior paralegal.

At a meeting held two months later on June 13, 1996, Tripp Scott informed its personnel that the insurance defense and medical malpractice departments were being eliminated. Tripp Scott had been considering the restructure and refocus of firm resources since January 1996. Employees of the affected departments were told they would be notified individually regarding their future status with the firm. Decisions concerning personnel lay-offs were to be dependent upon several factors relative to the affected employees: seniority, skills, qualifications, educational background, and specialization. These factors were to be further evaluated in the context of the number of positions available to absorb relocated employees.

Lopez was responsible for compiling the necessary data from the files of the litigation support staff. After the evaluation process was completed, employees were individually informed of their terminations. Quick was the last employee to be summoned to Lopez's office, at which time she was notified of termination, effective July 1, 1996.

Seeking to avoid the loss of her job, Quick approached Lopez and offered to take a demotion. However, no vacancies were available. Lopez urged Quick to enroll in a certified paralegal course, which might bolster the chances of retaining her job. In the meanwhile, Lopez promised to speak with the president of Tripp Scott about finding a possible position for Quick.

Quick followed Lopez's advice. She went to a community college and obtained materials and information about paralegal course work. Classes were scheduled for the Fall. Quick relayed this information to Lopez and told her that, if Tripp Scott would retain her, she would enroll. Unfortunately, Quick was told that no positions were available for her at that time. Accordingly, Quick redirected her efforts toward finding a job outside of the firm.

A paralegal at Tripp Scott, Susan Stefan, arranged for Quick to interview with another law firm. Quick then revealed to Stefan that she had been diagnosed with Hepatitis C. Stefan, according to Quick, told Quick to disclose this information to the interviewing firm. Quick claims that upon hearing of her condition, the firm declined to hire her due to insurance concerns.

Nevertheless, Quick obtained a position with the guardianship program located at the Broward County Courthouse. Initially, because she was able to perform her job responsibilities and she feared termination, Quick did not inform her new employer that she had the Hepatitis C virus. However, within six months, she began requesting time off from work due to her illness. Ultimately, Quick explained the reason for her frequent...