Samuels v. Kansas City Missouri School
| Decision Date | 14 February 2006 |
| Docket Number | No. 05-1957.,05-1957. |
| Citation | 437 F.3d 797 |
| Parties | Sondra L. SAMUELS, Dr., Appellant, v. KANSAS CITY MISSOURI SCHOOL DISTRICT, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Charles S. Scott, Jr., Kansas City, MO, for appellant.
Michael E. Norton, Kansas City, MO (Hayley E. Hanson, Kansas City, on the brief), for appellee.
Before MORRIS SHEPPARD ARNOLD, BEAM, and RILEY, Circuit Judges.
Dr. Sondra L. Samuels (Samuels) brought this action against the Kansas City, Missouri, School District (School District), alleging the School District violated her rights under both the Americans with Disabilities Act of 1990(ADA), 42 U.S.C. §§ 12101-12213, and the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601-2654. The district court1 granted summary judgment in favor of the School District on both of Samuels's claims. Samuels appeals the district court's adverse summary judgment ruling. We affirm.
Beginning in 1978, Samuels was employed full time by the School District, where she taught mentally handicapped and learning disabled students. In 1999, Samuels accepted the position of case manager within the School District's Exceptional Education Department (EED). This position required frequent travel to several different schools, extensive walking and stair-climbing, and repetitive handwriting. In October 2000, Samuels applied for and was offered the position of Vocational Resource Educator (VRE) at the Manuel Career & Technical Center, a position that appealed to Samuels because it involved very little handwriting, no outside travel, limited walking, and no significant physical activity. On October 17, 2000, Samuels wrote to the coordinator of the EED, stating she had accepted the VRE position and asking to be released from her position as case manager. Samuels's request was granted, and she was later released from her case manager position in December 2000.
Beginning in November 2000, Samuels experienced a series of unfortunate mishaps. On November 6, 2000, Samuels slipped and fell while entering a high school, sustaining injuries to her knees, neck, and back. A few weeks later, Samuels was involved in a car accident, injuring her back and ribs and aggravating her fall injuries. In January 2001, Samuels slipped and fell on ice outside a restaurant, again aggravating her prior injuries.
Following her first accident in November 2000, Samuels notified the VRE program director of her injuries and told him she would be on medical leave. However, on January 12, 2001, the VRE program director wrote Samuels, stating her job offer was being withdrawn because he could not continue to wait for Samuels to become available or to receive communication regarding her status. As a result of these accidents and the injuries she sustained, Samuels was on short-term leave from her position with the School District from November 2000 until approximately April 2001. While Samuels was on leave, the School District requested she complete the requisite FMLA paperwork. Samuels did not return the required documentation to be placed on FMLA leave, although Samuels alleges she was never provided with the paperwork. During Samuels's leave period, the School District continued to compensate Samuels at her normal rate of pay, using her sick leave, and held open her case manager position until she returned.
In April 2001, Samuels's physician released her for return to work on a part-time basis with restrictions. During the remainder of the 2001 school year, Samuels returned to her previous position as case manager but was unable to perform the physical tasks required of her position. Thus, she was assigned to perform light duty clerical work in the EED office on a reduced schedule of twenty hours per week. When Samuels returned to work, she requested and received intermittent leave to attend physical therapy and other medical appointments relating to her injuries.
On May 21, 2001, Samuels submitted to the School District a formal request for job accommodations due to her disabilities and limitations, along with a Medical Assessment of Functional Capability Report. In her formal request, Samuels asked to be assigned to buildings with one floor or an elevator, accessible handicap parking or minimal walking, and room to perform stretching exercises. She also requested time for therapy and doctor's appointments.
In response to Samuels's formal request for job accommodations, Samuels was evaluated by two medical professionals to determine whether she needed any accommodations to perform the essential functions of her position. Samuels's physician, Dr. S.R. Katta (Dr. Katta), determined: Samuels still was recovering from injuries she sustained in November 2000; her capacity to lift or carry objects was limited to less than five pounds; Samuels could stand or walk for a maximum of one hour each day; she could not sit for more than one hour without interruptions for rest and stretching; and she lacked capacity to climb, stoop, crouch, kneel, or crawl. Pursuant to School District policy, Samuels also was examined by Dr. Robert Bruce (Dr. Bruce), a physician selected by the School District, who determined Samuels's impairments were resolved without any lasting effects, and she did not qualify for an accommodation. School District policy also states the School District will pay for an independent medical evaluation if the opinion of the School District's doctor and the employee's doctor differ. Dr. Craig Lofgreen (Dr. Lofgreen) was hired for this purpose, and after an examination, Dr. Lofgreen believed Samuels did not appear to be disabled and did not qualify for an accommodation. On June 4, 2001, the School District notified Samuels her request for a job accommodation was denied.
On July 12, 2001, Samuels was transferred to Chester Anderson Middle School (Anderson) to work as a learning disability teacher. Anderson is an alternative school for students who have been diagnosed with mental and behavioral disorders and many of whom have a history of violent and disruptive behavior toward others. Charlene Luster (Luster), the director of the EED, decided to transfer Samuels based on her understanding Samuels had requested and agreed to be transferred to Anderson, a school that satisfied the majority of Samuels's criteria. Samuels, however, alleges she never spoke to anyone about a transfer to Anderson and she did not want to be transferred to Anderson because she lacked the physical capacity to control the students. Samuels also alleges during her time at Anderson her duties exceeded the work restrictions prescribed by her doctor, she was not provided with a handicap parking spot, and she had to walk one-half block to and from the school building.
On September 10, 2001, Samuels was injured at Anderson when a student kicked a chair in which she was sitting, causing pain to her lower back, ribs, neck and left leg. A physician with Employer Health Services, a medical service provider retained by the School District, diagnosed Samuels with a vibratory injury to her left lower extremity and back. Samuels was cleared to return to work on September 14, 2001; however, she requested, and was granted, an extended medical leave of absence without pay from September 10 2001, until August 31, 2002. In August 2002, Samuels returned to work as an elementary school counselor until December 2003, when she again requested a long-term leave of absence due to hypertension.
On March 3, 2004, Samuels brought suit against the School District, alleging (1) the School District violated the ADA by discriminating against her and refusing to provide her reasonable accommodations for her disabilities, and (2) the School District violated the FMLA by refusing to restore her to the position she held or a comparable position when she returned to work. The district court granted summary judgment in favor of the School District, holding (1) Samuels was not disabled within the meaning of the ADA, and (2) Samuels's FMLA claim was barred by the two-year statute of limitations, and the three-year extended limitations period did not apply because Samuels failed to demonstrate a willful violation of the FMLA by the School District. Samuels appeals.
We review de novo a grant of summary judgment, applying the same standards as the district court. Woodland v. Joseph T. Ryerson & Son, Inc., 302 F.3d 839, 841-42 (8th Cir.2002). Summary judgment for the School District is proper if the evidence, viewed in the light most favorable to Samuels and giving her the benefit of all reasonable inferences, shows there are no genuine issues of material fact and the School District is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c); Mayer v. Nextel W. Corp., 318 F.3d 803, 806 (8th Cir.2003).
Under the ADA, employers are barred from discriminating "against a qualified individual because of the disability of such individual." 42 U.S.C. § 12112(a). To establish a prima facie case under the ADA, Samuels must demonstrate (1) her condition qualifies as a disability within the meaning of the ADA, (2) she is qualified to perform the essential functions of her position with or without a reasonable accommodation, and (3) she has suffered an adverse employment action due to her disability. Spangler v. Fed. Home Loan Bank of Des Moines, 278 F.3d 847, 850 (8th Cir.2002) (citing Fjellestad v. Pizza Hut of Am., Inc., 188 F.3d 944, 948 (8th Cir.1999)).
The ADA defines a disability as "a physical or mental impairment that substantially limits one or more of the major life activities of [an] individual." 42 U.S.C. § 12102(2)(A). "Whether an impairment substantially limits a major life activity is a threshold question." Snow v. Ridgeview Med. Ctr., 128 F.3d 1201, 1206 (8th Cir. 1997). Evidence of a medical diagnosis of an impairment is insufficient. Toyota Motor Mfg.,...
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