Rocafort v. Ibm Corp.

• Decision Date: 30 June 2003
• Docket Number: No. 02-1638.,02-1638.
• Citation: 334 F.3d 115
• Parties: Orville ROCAFORT, et al., Plaintiffs, Appellants, v. IBM CORPORATION, Defendant, Appellee.
• Court: U.S. Court of Appeals — First Circuit

334 F.3d 115

Orville ROCAFORT, et al., Plaintiffs, Appellants, v. IBM CORPORATION, Defendant, Appellee.

No. 02-1638.

United States Court of Appeals, First Circuit.

Heard May 6, 2003.

Decided June 30, 2003.

Eric M. Quetglas-Jordan, for appellants.

Gloria M. DeCorral-Hernandez with whom Angel R. DeCorral-Julia and DeCorral & DeMier were on brief, for appellee.

Before BOUDIN, Chief Judge, BOWNES, Senior Circuit Judge, and LIPEZ, Circuit Judge.

BOWNES, Senior Circuit Judge.

In this appeal, Orville Rocafort ("Rocafort") alleges that his employer, IBM Corporation ("IBM"), subjected him to discrimination because of his panic and anxiety disorder in violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 (2000). Rocafort claims that IBM failed to reasonably accommodate his disability and subjected him to a hostile work environment. The district court granted summary judgment in favor of IBM on both claims, but for different reasons. The reasonable accommodation claim, according to the district court, lacked sufficient evidence and the hostile work environment claim was inadequately argued. For the same reasons, we affirm.

I. BACKGROUND

Since approximately 1973, Rocafort worked in the marketing department of IBM's Puerto Rico office. In 1992, Rocafort began to suffer from episodes of anxiety and panic attacks. In 1994, IBM announced plans to eliminate up to 3,000 jobs. After Rocafort learned of this plan, he had a severe panic attack at work. Two fellow employees sought assistance for Rocafort through an IBM hotline. The hotline staff arranged for Rocafort to meet with a psychiatrist, Dr. Michael Farina Woodbury ("Dr. Woodbury"). After meeting with Rocafort, Dr. Woodbury diagnosed him as having a panic disorder and recommended that Rocafort take a sick leave from his job. Rocafort was placed on sick leave starting September 28, 1994, and ending January 28, 1995. During his sick leave, Rocafort's panic disorder improved, but depression, a sexual desire disorder, and an anxiety disorder emerged. Nonetheless, Dr. Woodbury believed that Rocafort could return to work, so long as he was only confronted with the same kind of stress to which he had become accustomed.

Upon returning to work, Rocafort was assigned to a new marketing job. This job required Rocafort to perform a variety of novel tasks. Rocafort, for example, had to field calls from customers over the telephone instead of making in-person sales pitches. Rocafort was also required to learn new computer programs and, unlike his previous position, work as part of a group. Rocafort soon suffered from more panic attacks and again took sick leave, starting July 12, 1995, and ending July 31, 1995.

In January 1996, Rocafort received a performance evaluation. Despite the fact that Rocafort's direct supervisor and co-employees viewed his work favorably, a higher level manager who filled out the evaluation gave Rocafort the lowest available score. Through IBM's review process, Rocafort twice appealed his performance evaluation, which was sustained both times. This was the first time in Rocafort's career with IBM that he received a poor performance evaluation. In previous years, Rocafort was consistently rewarded for his outstanding sales figures. Most recently, on January 19, 1996, Rocafort was given a $1,000 Team Achievement Award. After receiving his poor evaluation, Rocafort suffered from another panic attack and was absent from work between January 30, 1996, and February 6, 1996.

When Rocafort returned to IBM, he was transferred to yet another new job. This new job, like the prior one, required Rocafort to perform tasks that he had never done before. In an effort to ease his transition, IBM assigned him a mentor and offered him a ninety day training period. Before the training period expired, however, Rocafort's immediate supervisor, David Williams ("Williams"), threatened to fire him if he did not start producing results immediately. Rocafort suffered another panic attack and took sick leave starting July 10, 1996, and ending August 12, 1996. During his absence, Dr. Woodbury told a member of IBM's medical staff that Rocafort was afraid of being fired and that IBM should provide Rocafort with "support and assurance" that it was not going to terminate his job.

In response to Dr. Woodbury's request, IBM's medical staff sent an e-mail message to one of Rocafort's other supervisors, Juan De Choudens ("De Choudens"), stating:

I assured Orville's private health care provider that his patient will not be fired the day he returns to work. I told him that you plan to spend a great deal of time that first day making the employee feel comfortable and making sure he understands what will be expected of him after he returns to work. If you can somehow communicate this to the employee in the next up coming days I think it will help a great deal.

Upon returning to work, Rocafort met with De Choudens. In order to mitigate the pressure on Rocafort to make sales and earn commissions, De Choudens offered to extend Rocafort's training period and pay him full salary. Afterwards, De Choudens indicated in an e-mail message to Rocafort that the purpose of the meeting was "to clarify any misunderstanding you could have on your status in IBM." Rocafort responded with an e-mail message thanking De Choudens "for the courteous and honest discussion we had this morning," and "the concern you demonstrated regarding this situation and the interest you have shown in understanding the unpleasant predicament I went through...."

Shortly thereafter, a letter that originated from Rocafort's computer was found on an IBM printer. The letter was addressed to a local news reporter and contained confidential IBM information. De Choudens, Williams and another manager inspected Rocafort's computer and found a draft copy of the letter. Rocafort was informed that he could be fired if it was determined that he wrote the letter. Rocafort denied writing the letter; he argued that it was printed at a time when he was attending a therapy session with Dr. Woodbury.

IBM offered Rocafort a separation package. IBM told Rocafort that if he did not accept the separation package, an investigation would be conducted regarding the letter. Before any action was taken, Rocafort took an extended leave of absence between September 16, 1996, and January 7, 1997, because of stress. During this absence, Rocafort rejected the separation package.

When Rocafort returned to work, Williams met with him to discuss his training. IBM again offered to extend his training period and continue to provide him with full salary. IBM also provided Rocafort with a flexible work schedule, so he could avoid traveling to work during heavy commuter traffic. Rocafort was, however, required to meet with an IBM investigator to discuss the letter incident. The meeting lasted seven hours.

What happened next is disputed by the parties. Rocafort claims that Williams sent him home to await the outcome of the investigation. IBM claims that Rocafort left work on his own volition. In any case it is clear that Rocafort soon took sick leave at the behest of Dr. Woodbury and never returned to work. Later that year, Rocafort applied for benefits under IBM's Long Term Disability Plan and was approved.

On August 27, 1998, Rocafort filed a complaint in the district court against IBM alleging discrimination under the ADA and Puerto Rico law. Rocafort, his wife, and son also brought claims for emotional damages. In his complaint, Rocafort pursued two alternative theories of disability discrimination under the ADA. Rocafort's first count alleged that IBM failed to reasonably accommodate his disability. The district court granted IBM's motion for summary judgment on this claim because Rocafort was unable to present a prima facie case of discrimination. The district court reasoned that some of the accommodations Rocafort sought had been adequately provided by IBM, while others were either unreasonable or not even requested in the first instance.

Rocafort's second count alleged that IBM subjected him "to an intimidating, hostile, abusive and offensive working environment" because of his disability. The district court dismissed this claim as well, but on the ground that Rocafort waived the issue by not adequately addressing it in his opposition to IBM's motion for summary judgment.

Having disposed of the federal claims, the district court declined to exercise jurisdiction over the pendent state law claims. Rocafort appeals only the district court's decision on the two federal claims, which we address in turn.

II. DISCUSSION

We review a district court's grant of summary judgment de novo. Patterson v. Patterson, 306 F.3d 1156, 1158 (1st Cir.2002). A motion for summary judgment should be granted when the evidence, taken in the light most favorable to the non-moving party, shows that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Sands v. Ridefilm Corp., 212 F.3d 657, 660-61 (1st Cir.2000).

A. Rocafort's Reasonable Accommodation Claim

Under the ADA, "an employer who knows of a disability yet fails to make reasonable accommodations violates the statute." Higgins v. New Balance Athletic Shoe, Inc., 194 F.3d 252, 264 (1st Cir.1999). In order to avoid summary judgment on his reasonable accommodation claim, Rocafort must produce enough evidence for a reasonable jury to find that (1) he is disabled within the meaning of the ADA, (2) he was able to perform the essential functions of the job with or without a reasonable accommodation, and (3) IBM, despite knowing of Rocafort's disability, did not reasonably accommodate it. See Carroll v. Xerox Corp., 294 F.3d 231, 237 (1st Cir.2002). The district court's decision and the brunt of the parties' arguments revolve around the third part of the analysis. We will therefore assume, without deciding, that Rocafort presented sufficient...