Reilly v. Revlon, Inc.
| Decision Date | 12 May 2009 |
| Docket Number | No. 08-CV-0205 (CM).,08-CV-0205 (CM). |
| Citation | 620 F.Supp.2d 524 |
| Parties | Lisa M. REILLY, Plaintiff, v. REVLON, INC., Robert C. Krasner, and Linda Piacentini, Defendants. |
| Court | U.S. District Court — Southern District of New York |
Evan S. Sarzin, Evan Sarzin, P.C., New York, NY, for Plaintiff.
Jonathan Marc Kozak, Jackson Lewis LLP, White Plains, NY, Todd H. Girshon, Jackson Lewis LLP, New York, NY, for Defendants.
Plaintiff Lisa Reilly ("Reilly") filed this action against Defendants Revlon, Inc. ("Revlon") and Revlon employees Dr. Robert Krasner ("Krasner") and Linda Piacentini ("Piacentini") alleging employment discrimination and wrongful termination. Plaintiff asserts ten causes of action against some or all Defendants pursuant to the: Americans with Disabilities Act of 1990, 42 U.S.C. § 12112(b)(5)(A); Pregnancy Discrimination Act of 1978, 42 U.S.C. § 2000e et seq.; the Family Medical Leave Act of 1993 ("FMLA"), 29 U.S.C. § 2601 et seq.; New York State Human Rights Law, N.Y. Exec. Law §§ 296.1(a), 296.6; and, New York City Human Rights Law N.Y. Admin. Code § 8-107.
Defendants collectively move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons set forth below, defendants' motion is granted in part and denied in part; Plaintiff's claims for disability discrimination will be tried, but the rest of her claims are dismissed.
Plaintiff Reilly was employed in Revlon's Medical/Health Services Department. (D. Rule 56.1 Stmt. ¶¶ 16, 19, 26-28.) The Medical Services Department provided medical care for Revlon employees and was staffed by Defendant Krasner as director of the department, a nurse practitioner, and Reilly. (Id. ¶¶ 22, 70.)
Reilly began working as an at-will employee in the Medical Services Department in 1995. (Id. ¶¶ 15, 16, 19.) Revlon hired her as an administrative assistant to both the Department and Krasner, but her responsibilities increased over time to include duties relating to human resources and employee supervision. (Id. ¶¶ 23, 27.) Revlon eventually promoted Reilly to "Manager of Medieal Services" she directly supervised nurse clinicians, nurse practitioners, and administrative assistant leaves of absence. (Dep. Tr. of Lisa Reilly 145:13-21 (hereinafter "Reilly Dep. Tr.")).
Dr. Krasner graduated from medical school in 1971. (See D. Rule 56.1 Stmt. ¶ 6.) Prior to working at Revlon, Dr. Krasner held a diverse set of medical positions. He assisted with Sub-Saharan famine care in Ethiopia; worked with both the Panamanian government and the Indonesian Ministry of health; worked as physician to the U.S. embassy in London; was the Director of Medical Services and Clinical Admiral to the Naval Hospital; and treated members of both Congress and the Supreme Court as the attending physician to Congress. (Id. ¶¶ 7-10.) For the last ten years, Dr. Krasner has been the Medical Consultant for MacAndrews & Forbes Holding, Inc., Revlon's largest shareholder. (Id. ¶¶ 11, 22.) Revlon set up its Medical Services department at Dr. Krasner's request. (Id. ¶ 22.)
While Reilly worked in the Medical Services Department, she had a close relationship with Krasner. Dr. Krasner provided various medical services to both Reilly and her parents. (Id. ¶ 38.) Reilly and her family members asked Dr. Krasner for assistance with medical and not-medical problems during her employment. (Id. ¶ 39.) He made various calls to secure and expedite, medical care for Reilly and her family. (Id. ¶ 40.) During her pregnancy, Reilly and her husband asked Krasner to stop by their apartment to take her pulse. (Id. ¶ 49.) Dr. Krasner would occasionally walk with Reilly from her home to the office, and from the office to home. (Id.) While Reilly was pregnant at work, Krasner told her that if she ever needed to rest, she should use the quiet room located in the office. (Id. ¶ 46.)
Dr. Krasner and Reilly were social friends. He was one of six people who attended Reilly's wedding to her second husband. (Id. ¶ 42.) In addition to paying for the champagne at the wedding's dinner reception, Dr. Krasner transferred frequent flier miles to Reilly and her husband to cover the cost of hotel accommodations for their honeymoon. (Id.) Reilly invited Dr. Krasner's wife to her baby shower, hosted at her parent's home. Both Dr. Krasner and his wife attended the shower, providing a baby car seat as a gift. (Id. ¶ 47-48.)
Reilly got pregnant in early 2005. (Id. ¶ 44.) She experienced anxiety during her pregnancy for a variety of claimed reasons. One reason was fear of losing her job. A co-worker (a nurse practitioner) was out on maternity leave when Reilly got pregnant, and Plaintiff became anxious that Revlon was replacing her with the "temp" who was hired to fill in during her leave. (See Reilly Decl. ¶ 8.) Reilly suffered "extreme mental anguish" thinking that Dr. Krasner had replaced a colleague who was out on maternity leave. (P. Rule 56.1 Counterstatement ¶ 26.) In fact Krasner did replace the nurse practitioner, but that was because she decided not to return to work after the birth of her child and submitted her resignation. (Kozak Decl. Ex. L.)
Plaintiff was also anxious because Krasner was in Germany on business and did not attend, or provide a written statement for, a service award ceremony at which Revlon honored Reilly's years of service. (Id. ¶ 7.)
Reilly's stress manifested itself in "rapid heart palpations, higher blood pressure, excessive bouts of crying, decreased appetite, etc." (Id. ¶ 19.) The temporary registered nurse in the Medical Services Department explained to Reilly that during bouts of stress, Cortisol, a hormone, is released and could harm the baby. (Id. ¶ 20.) Reilly then asked Dr. Krasner about the effects of Cortisol and whether she should begin her FMLA leave immediately. (Id.) Dr. Krasner responded by stating, "You're fine—it is just first-time mother jitters." (Id.) He told the temporary nurse to dispense Klonopin, an anti-psychotic drug, to combat Reilly's stress. (Id. ¶ 20.) The nurse refused to dispense the drug, stating that it would be harmful to the fetus. (See Reilly Decl. ¶ 18.) Reilly later consulted with her own treating doctor, who confirmed that the drug was contraindicated for pregnant women. (Id.)
Three weeks prior to the start of Reilly's leave, Revlon hired a temporary replacement to fill her position during her FMLA leave. (D. Rule 56.1 Stmt. ¶ 69.) Revlon's human resources department, Reilly, and Krasner all interviewed the temporary replacement. (Id. ¶¶ 66, 68.) Reilly trained and oriented the temporary employee during three weeks that their periods of employment of overlapped. (Id. ¶ 69.)
Reilly alleges that, during her pregnancy, Krasner made several objectionable statements to her regarding her pregnancy and imminent maternity leave. She alleges that Krasner objected to the date for her pre-scheduled caesarean section, August 29, 2005, complaining that it would interfere with his family vacation. (P. Rule 56.1 Counterstatement ¶¶ 9, 10.) When Plaintiff asked Krasner to help her train the temporary nurse practitioner who was filling in during her colleague's maternity leave, Krasner allegedly responded, "It's not my problem that you and your coworker planned your pregnancies together." (Id. ¶ 14.)
Reilly gave birth on September 2, 2005. Pursuant to federal law and Revlon personnel policies, she began her FMLA leave of absence that same day. (D. Rule 56.1 Stmt. ¶¶ 73-74).
Revlon's employee leave policy is based on an employee's years of service with the company. (D. Rule 56.1 Stmt. ¶ 58.) The number of years that Reilly worked at Revlon entitled her to the maximum leave available under Revlon's policy—six months, inclusive of FMLA leave—with full salary and health benefits paid during that period. (Id. ¶ 59.) Under FMLA, plaintiff was guaranteed the right to return to her old job if she was medically able to come back to work at or before the expiration of twelve weeks. However, employees "who return to work after an absence of more than three months [which corresponds to 12 weeks of FMLA leave] will be reinstated only if a suitable position is available, at the sole discretion of the company." (Id.)
An employee is responsible for requesting the "leave of absence, or any change in the status of a leave, from his/her supervisor." (Id.) Revlon's Human Resources Department, in conjunction with the employee's immediate supervisor, is responsible for approving an employee's written request for a leave of absence. (Id.) Required forms for requesting leaves of absence are available from the Human Resource Department. (Id.) An employee's immediate supervisor is responsible for
(i) immediately notifying the local Human Resources Department when an employee requests a leave of absence or is out ill for any period of time;
(ii) advising employees to obtain the required forms for a leave of absence from the local Human Resources Department and to submit the completed forms expeditiously
(iii) participating with the local Human Resources Department in the determination on the request for leave;
(iv) signing the Request for Personnel Action/Leave of Absence Form, in conjunction with the local Human Resources Department and Health Services Department (where appropriate);
(v) following-up with the local Human Resources Department to ensure that the employee receives an executed copy of the Request for Personnel Action/Leave of Absence Form which will notify the employee of the determination on his/her request for leave.
(Id.)
During an employee's absence, the employee's doctor must provide Revlon, or its disability administrator, MetLife, with medical...
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