Runnebaum v. NationsBank of Maryland, N.A.

• Citation: 95 F.3d 1285
• Decision Date: 19 September 1996
• Docket Number: No. 94-2200,94-2200
• Parties: , 20 Employee Benefits Cas. 1977, 20 Employee Benefits Cas. 2160, 5 A.D. Cases 1602, 17 A.D.D. 703, 8 NDLR P 355 William RUNNEBAUM, Plaintiff-Appellant, v. NATIONSBANK OF MARYLAND, N.A., Defendant-Appellee.
• Court: United States Courts of Appeals. United States Court of Appeals (4th Circuit)

Page 1285

95 F.3d 1285

65 USLW 2272, 20 Employee Benefits Cas. 1977,

20 Employee Benefits Cas. 2160, 5 A.D. Cases 1602,

17 A.D.D. 703, 8 NDLR P 355

William RUNNEBAUM, Plaintiff-Appellant, v. NATIONSBANK OF MARYLAND, N.A., Defendant-Appellee.

No. 94-2200.

United States Court of Appeals, Fourth Circuit.

Argued March 10, 1995.

Decided Sept. 19, 1996.

Opinion Vacated On Dec. 3, 1996.

ARGUED: Gerard Patrick Martin, Martin, Junghans, Snyder & Bernstein, P.A., Baltimore, MD, for Appellant. Eva Susan Tashjian-Brown, McGuire, Woods, Battle & Boothe, Richmond, VA, for Appellee. ON BRIEF: Gregg L. Bernstein, Martin, Junghans, Snyder & Bernstein, P.A.,Baltimore, MD, for Appellant. Donald F. Burke, McGuire, Woods, Battle & Boothe, Baltimore, MD, for Appellee.

Before MURNAGHAN, WILLIAMS, and MICHAEL, Circuit Judges.

Reversed and remanded by published opinion. Judge MICHAEL wrote the majority opinion, in which Judge MURNAGHAN joined. Judge WILLIAMS wrote a dissenting opinion.

OPINION

MICHAEL, Circuit Judge:

William Runnebaum, who is infected with human immunodeficiency virus (HIV), the virus which causes acquired immune deficiency syndrome (AIDS), appeals an order of the district court granting summary judgment in favor of NationsBank of Maryland, N.A. on Runnebaum's claims of discriminatory treatment under the Americans with Disabilities Act (ADA) and the Employee Retirement Income Security Act (ERISA). See 42 U.S.C. § 12112 et seq.; 29 U.S.C. § 1140 et seq. We reverse and remand for trial because we find that issues of material fact preclude summary judgment.

I.

Because this case comes before us after a grant of summary judgment, we must construe the facts in the light most favorable to the non-moving party, here Runnebaum, and we must draw all justifiable inferences in his favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 2513-14, 91 L.Ed.2d 202 (1986); Smith v. Virginia Commonwealth University, 84 F.3d 672, 675 (4th Cir.1996) (en banc); Amirmokri v. Baltimore Gas & Elec. Co., 60 F.3d 1126, 1134 & n. 3 (4th Cir.1995). This is because "at the summary judgment stage the judge's function is not himself to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial." Anderson, 477 U.S. at 249, 106 S.Ct. at 2510 (quoted in American Metal Forming Corp. v. Pittman, 52 F.3d 504, 507 (4th Cir.1995)). Read in the light most favorable to Runnebaum, the record discloses the following.

In June 1991 NationsBank in Baltimore hired Runnebaum away from First American Bank, where he had worked in private banking and had been a branch manager. In his first year at NationsBank Runnebaum worked in the private banking department, where he served as marketing coordinator. When NationsBank's Baltimore operation opened a new trust department, Runnebaum applied for a sales position in the new department. Under NationsBank policy Runnebaum could be considered for another position only if he was "performing at a satisfactory level or above in [his] current position." Runnebaum's supervisor in private banking, Michael Kines, recommended Runnebaum for the new job in the trust department. Kines said that Runnebaum had "good skills and is a valuable member of the PB [private banking] team." In particular, Kines said that Runnebaum had "[g]ood calling skills and planning ability" and that he did especially well on "marketing oriented" projects. After a series of interviews Ann Pettit, the trust department supervisor, hired Runnebaum in June 1992. At the same time Pettit hired Clifford Andersson to work in an identical position at NationsBank's Bethesda, Maryland, office. Pettit required both men to sign a "sales goal" letter that set sales targets for the remaining months of 1992. Runnebaum and Andersson also received a "Training Tasks" memorandum from Pettit, dated July 14, 1992 (the "July memorandum").

In August 1992 Runnebaum made his first sale, bringing to the bank $2.55 million in assets to administer. In September Runnebaum made a second sale that brought in nearly $500,000 in assets. In October the bank gave Runnebaum responsibility for planning a reception for lawyers from McGuire, Woods, Battle & Boothe. This was an important marketing event because lawyers (dubbed "external referral sources" by Pettit) at times referred their clients to the bank's trust department. The McGuire, Woods reception went well, and Michael Brown, NationsBank's Baltimore city manager for the trust department, sent Runnebaum a handwritten "note of thanks and congratulations." ¹ On November 6, 1992, Pettit gave Runnebaum responsibility for planning and hosting the bank's "Greater Baltimore Holiday Reception," scheduled for December 15. This was a major marketing and customer relations undertaking, on which the bank spent more than $10,000. Formal invitations were sent to clients, prospective clients, and those who could refer clients to the bank. In a memorandum to Baltimore trust and private banking personnel, Pettit described the task of planning the reception as "a large commitment for us during an extremely busy time." Indeed, Pettit wanted to "make sure" it was "one of the most successful events we have sponsored."

Sometime between the October 29 note from Brown and the November 6 reception assignment from Pettit, Runnebaum and Pettit had a meeting at which Pettit reduced (for the remainder of 1992) Runnebaum's load of calls on "prospects" (potential clients) and "external referral sources." Petit also mentioned "that there was a lot of jocular behavior going on" in staff meetings, "and she asked [Runnebaum] [ ] to [stop] participat[ing] in it."

Runnebaum was diagnosed with HIV in 1988, but he was asymptomatic at all times relevant to this case. Runnebaum told Brown in September 1992 that he was infected with HIV, and Runnebaum asked if the bank's employee health plan would pay for AIDS medication. Runnebaum asked Brown not to tell bank employees (except for those who administered the health plan) that he was infected. Brown said that he initially panicked when he learned that Runnebaum was HIV-positive.

In November 1992 Runnebaum placed his first order for the prescription drug azidothymidine (AZT), and the bank health plan paid for the drug. AZT is well known to be one method of treating HIV infection and AIDS. Because Runnebaum could not wait at home to receive shipments of the drug, he had them delivered to the bank. Packages containing AZT (and addressed to Runnebaum) were twice inadvertently opened by bank personnel.

On December 9, 1992, Pettit sent Runnebaum a handwritten note reading, "William-- I'm thrilled that you're a part of our group. I look forward to seeing you shine." On December 15, 1992, Runnebaum hosted the bank's holiday reception. He brought his gay lover to the reception and introduced him to Pettit as his "boyfriend."

Five days later, Runnebaum made his third sale, this one involving nearly $2 million in assets. The day before Christmas, Andersson made his only sale of the year, involving $275,000 in assets. At year's end Runnebaum had brought in nearly $5 million in assets. Runnebaum's sales brought in $21,900 in fees to the bank, and Andersson's sales brought in $2,750. Both fee totals fell below the $40,000 target outlined in the sales goal letters.

On January 12, 1993, Pettit summoned Runnebaum to a meeting with Phillip Cawley, NationsBank's personnel manager for the Baltimore/Washington area. Pettit fired Runnebaum at that meeting. According to Runnebaum, being fired

came as a total surprise. I had no verbal warnings, no written warnings. I was called in and let go and told I would be paid through the end of the month. And it totally blindsided me.

According to Pettit, Runnebaum was fired for failing to complete the assignments listed in the July memorandum and for failing to present a professional image. Andersson was not fired, even though he brought in only one-eighteenth as much business to the bank as did Runnebaum. Pettit said in her deposition that she learned in late November or early December that Runnebaum was infected with HIV, but by then she had already decided to fire him. She claims that Runnebaum's disease played no role in her decision to fire him.

Runnebaum promptly filed an administrative claim with the Equal Employment Opportunity Commission and received a right-to-sue letter. He then filed suit against NationsBank in the United States District Court for the District of Maryland. After discovery the district court granted the bank's motion for summary judgment on the ground that Runnebaum failed to establish a prima facie case under the ADA. The court held in the alternative that Runnebaum did not forecast enough evidence to prove that the bank's asserted rationale for firing him was merely pretextual. The court also granted summary judgment to the bank on the ERISA claim, saying that it decided the ERISA issue "under the same analytical framework as [the] ADA claim." Runnebaum appeals, and we reverse and remand for trial.

II.

Title I of the ADA, 42 U.S.C. § 12112, prohibits discriminatory discharge of "a qualified individual with a disability because of the disability." To prove a violation, a plaintiff must establish (1) that he has a disability, (2) that he is otherwise qualified for the employment, and (3) that he was fired solely on the basis of the disability. Doe v. University of Maryland Medical System Corp., 50 F.3d 1261, 1264-65 (4th Cir.1995).

A.

Under the ADA,

The term "disability" means, with respect to an individual--

(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual;

(B) a record of such an impairment; or

(C) being regarded as having such an impairment.

42 U.S.C. § 12102(2). The EEOC defines the term "regarded as having [a disability]" to include persons who have "a physical or mental impairment that substantially limits...