Schwertfager v. City of Boyton Beach

Decision Date25 March 1999
Docket NumberNo. 97-8356-CIV.,97-8356-CIV.
Citation42 F.Supp.2d 1347
PartiesBarbara SCHWERTFAGER, Plaintiff, v. CITY OF BOYNTON BEACH, Defendant.
CourtU.S. District Court — Southern District of Florida

David J. Feingold, Feingold & Kam, West Palm Beach, FL, for Plaintiff.

Jill S. Bilanchone, Johnson, Anselmo, Fort Lauderdale, FL, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION FOR FINAL SUMMARY JUDGMENT

GOLD, District Judge.

THIS CAUSE is before the Court upon Defendant's Motion for Final Summary Judgment [D.E. # 20]. Plaintiff, Barbara Schwertfager, filed this action against Defendant, the City of Boynton Beach, alleging that she was subjected to discrimination and was constructively discharged 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").1 Pursuant to 28 U.S.C. § 1331, this Court has jurisdiction over Plaintiff's claims as all arise under federal law.

Defendant has moved for summary judgment on the bases that: (1) Plaintiff's claims are time-barred; (2) Plaintiff has not established that she has a disability recognized by the ADA; (3) even if Plaintiff is considered to be a qualified individual with a disability, she has failed to establish that she was denied a reasonable accommodation; (4) Plaintiff has failed to establish that Defendant intentionally discriminated against her on the basis of a disability; (5) Plaintiff has not established a prima facie case of hostile work environment under the ADA; and (6) Plaintiff has failed to establish a prima facie case of constructive discharge.

Plaintiff challenges Defendant's representation that no genuine issues of material fact exist concerning whether Defendant intentionally discriminated against and harassed Plaintiff based on her asserted disability. Specifically, Plaintiff claims that: (1) she was denied a reasonable accommodation for her asserted disability; (2) she received disparate treatment when disciplined, evaluated, and given assignments; (3) she was humiliated and harassed to force her voluntary termination; (4) she was denied permission to return to work though medically able; and (5) she was demoted without cause.

The Court finds that Plaintiff has not satisfied the elements necessary to establish a prima facie case under the ADA. Having failed to establish a prima facie case of disability discrimination, Plaintiff has not established a prima facie case of disability-based hostile environment. Moreover, since Plaintiff cannot show disability discrimination and hostile environment, Plaintiff has not raised a genuine issue of material fact to sustain her claim of constructive discharge.

I. Factual and Procedural Background

Plaintiff's claims derive from her employment as an Administrative Assistant II in Defendant's Utilities Department. The facts in the record, viewed in the light most favorable to Plaintiff, Barbara Schwertfager ("Schwertfager"),2 reflect that Schwertfager was hired by Defendant, the City of Boynton Beach (the "City") in 1983 as a secretary in the City's Planning Department. In September 1990, Schwertfager was transferred into the City's Utilities Department (the "Department") as an Administrative Assistant II. As such, Schwertfager was responsible for, among other things, supervising the clerical staff in the Department and ensuring that assignments were distributed and reports were prepared.

From September 1990 through December 1994, Schwertfager's immediate supervisor was Peter Mazzella, the Assistant Director of the Utilities Department. Mazzella reported to John Guidry, the Director of the Utilities Department. Beginning in January 1995 until her resignation on August 2, 1995, Schwertfager reported directly to Guidry.

At some point in 1991, Schwertfager was diagnosed with breast cancer. As a result of this diagnosis, Mazzella and Guidry were informed that Schwertfager would have to undergo a radical mastectomy.3 While Schwertfager was on leave, Georganne Barden, who had been a Secretary III in the Department, was assigned as Acting Administrative Assistant II. Barden performed Schwertfager's supervisory duties during her absence.

Shortly after her return to the Department in January 1992, Schwertfager was required to undergo chemotherapy treatments. The monthly treatments were intended to last for six months. Although the initial treatments did not cause adverse side effects, after Schwertfager's third chemotherapy session, she became "very sick." Schwertfager's Deposition, at 86. Due to her appearance and exhaustion, Schwertfager was told that she should go home and rest until her treatments ceased and she was strong enough to work. Due to the generosity of her coworkers, who donated an abundant amount of their sick leave time, Schwertfager remained on payroll at her usual salary throughout her extended leave. See id. at 107. Barden continued as the Acting Administrative Assistant II.

Finally, in July 1992, a month after her chemotherapy ended, Schwertfager returned to work. Although she was fully capable of performing the functions of her position, Barden remained in her temporary position to allow Schwertfager time to get acquainted with systems and operations changes that were implemented in her absence. At that time, the doctors believed that no more cancer cells remained in Schwertfager's system. However, Schwertfager would not be declared "cancer-free" until five years expired without incident.

In February 1993, Schwertfager took another leave of absence to have reconstructive surgery performed as a result of cosmetic damage caused by the mastectomy. This leave, which lasted about a month, was approved by her supervisors and was covered by the insurance provided by the City. She returned to her position as Administrative Assistant II on March 12, 1993. Although Schwertfager contends that she was fully willing and able to return to work and perform as expected, she states that the reconstructive surgery caused such discomfort that she was unable to change her bandages. Consequently, she visited a local hospital on a daily basis for assistance.4

Schwertfager had difficulty adjusting to the changes which had occurred in the Department. Her evaluation, encompassing the period from February 1992 through February 1993, reflected that, due to her extensive leave, many of her assigned functions had not been performed. Schwertfager was advised to improve her attendance, her supervisory abilities, and her knowledge of the computerized accounting system. This was Schwertfager's first evaluation as the Department's Administrative Assistant II. However, Mazzella's consultation with Schwertfager in connection with the evaluation did not occur until August 13, 1993. Barden was still assigned as the Department's Acting Administrative Assistant II.

In Schwertfager's written response to her evaluation, she admitted that her extended leave and prolonged illness impeded her ability to fulfill her job requirements. She also admitted that she had attended various management and systems operations classes offered by the City.

Shortly thereafter, Mazzella suggested that Schwertfager voluntarily downgrade her position to a Secretary III. As a Secretary III, Schwertfager would have been relieved of supervisory responsibilities, which capabilities she appeared to lack. At first, Schwertfager agreed, on condition that her salary remain the same. However, she later withdrew her consent.

Schwertfager's subsequent evaluation, covering the period from February 1993 through February 1994, showed little improvement. Although Mazzella found that Schwertfager had performed her non-supervisory assignments satisfactorily, her supervisory efforts remained deficient. Schwertfager's computer-based abilities were also lacking, making her unable to provide necessary supervision to the clerical staff. Mazzella also concluded that Schwertfager did not promote team work within the Department, and that sometimes her methods led to dissension. While substantial improvement was expected, Mazzella indicated that Schwertfager would be provided "suitable and appropriate training opportunities" to improve her performance. To monitor her progress, she was scheduled for reevaluation in ninety days.

In response, Schwertfager offered to "take a more aggressive attitude" in administrating clerical responsibilities, and to provide a written report of her progress on a monthly basis. Although Schwertfager was only absent for a month during this evaluation period due to her reconstructive surgery, she again cited absenteeism as the major factor that prevented her from realizing improvement since her prior evaluation.

When no improvement was evident by January 1995, Schwertfager was relieved of her supervisory responsibilities in the Department. Because the rapport between Mazzella and Schwertfager had broken down, she was instructed to report directly to Guidry. From January 1995 until her resignation on August 2, 1995, Schwertfager reported directly to and received all assignments directly from Guidry.

Schwertfager alleges that she was repeatedly harassed upon her return following surgery.5 This harassment, according to Schwertfager, included yelling and chastising in the presence of her subordinates, assigning Schwertfager to tasks which the City knew were beyond her capabilities and which were outside her job description, refusing to accommodate Schwertfager by assisting her in adjusting to changes implemented during her absence, and generally ignoring Schwertfager's condition.

Unable to endure this allegedly abusive behavior, Schwertfager resigned from the City. Her resignation was effective August 2, 1995. At that time, she did not inform the City that she believed she was the subject of discrimination. Nevertheless, on November 11, 1995, Schwertfager filed a Charge of Discrimination with the Equal...

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