Shellenberger v. Summit Bancorp, Inc.

• Decision Date: 23 January 2003
• Docket Number: No. 01-1215.,01-1215.
• Citation: 318 F.3d 183
• Parties: Sally J. SHELLENBERGER, Appellant v. SUMMIT BANCORP, INC.
• Court: U.S. Court of Appeals — Third Circuit

Page 183

318 F.3d 183

Sally J. SHELLENBERGER, Appellant v. SUMMIT BANCORP, INC.

No. 01-1215.

United States Court of Appeals, Third Circuit.

Argued: May 23, 2002.

Filed: January 23, 2003.

Kimberly D. Borland (Argued), Wilkes Barre, PA, for Appellant.

Gary W. Flanagan (Argued), Edwards & Angell, LLP, Providence, PA, for Appellee.

Before McKEE, STAPLETON, and WALLACE,^* Circuit Judges.

OPINION OF THE COURT

McKEE, Circuit Judge.

Sally Shellenberger appeals the district court's grant of a motion for judgment as a matter of law under Fed.R.Civ.P. 50 that Summit Bancorp ("Summit") made during the jury trial of the suit Shellenberger brought under the Americans with Disabilities Act ("ADA"). Shellenberger claimed that Summit's termination of her employment was illegal disability discrimination, and retaliation for activity that is protected under the ADA. On appeal, Shellenberger argues that the district court erred in granting Summit's Rule 50 motion on her retaliation claim. She also claims that her request for accommodation was protected activity under the ADA and that a jury could reasonably conclude that Summit terminated her employment because of that protected activity in violation of the ADA. Shellenberger has not, however, appealed the district court's grant of Summit's Rule 50 motion on her claim of disability itself. Accordingly, we need not consider whether the district court erred in concluding that Shellenberger failed to establish that she was disabled as a matter of law. For the reasons that follow, we will reverse and remand for a new trial on her retaliation claims.

I. Facts

Sally Shellenberger began her employment with Summit in January 1997 as a Customer Service Representative at Summit's call center in Bethlehem, Pennsylvania. She had an extensive history of seasonal allergies, and she was taking medication when she began her employment.

Nine months after she began working at Summit, she started complaining to management that she was experiencing adverse physical reactions to various fragrances in the work environment. On September 6, 1997, Shellenberger complained to Jane Fungard, the Site Manager, and told her that she (Shellenberger) was experiencing nausea and allergy-like symptoms from a co-worker's perfume. Fungard allowed Shellenberger to move her seat. Nine days later, Shellenberger again complained to Fungard about symptoms triggered by a fragrance another co-worker was wearing, and Fungard again allowed Shellenberger to move her seat. Shellenberger also asked permission to "sniff" new employees who may be stationed next to her. Not surprisingly, Fungard denied that request.

The following month, Shellenberger complained about a fragrance worn by another co-worker, and Shellenberger was allowed to place a fan at her desk. That same day, Shellenberger met with Fungard, Tracy Resetar, a human resources representative, and Alice Ruiz, who was on Summit's employee relations staff. During that meeting Shellenberger was told that she would be allowed to move her desk to the north side of the building. However, she was also warned that her desk would not be moved again except for Summit's own business reasons. Around this time, Shellenberger also told a supervisor, Angela Diadordo, not to approach her because a fragrance Diadordo was wearing bothered Shellenberger. Diadordo complied with that request, and called Shellenberger on the phone to discuss business matters rather than discuss them with her in person.

Shellenberger eventually consulted Dr. Harold Buttram, who concluded that Shellenberger was suffering from "toxic encephalopathy," that she was hyper-sensitive to common chemicals and fragrances in the workplace, and that she suffered allergy-like symptoms when she came in contact with them. The substances she reacted to included: scented hand creams, deodorants, cleaning chemicals, "white-out," plug-in room deodorizers, carbonless paper, felt tip markers, some carpeting, and hair relaxers.

On November 7, 1997, Dr. Buttram wrote to Carl Johnson, the Vice President and EEO Compliance Officer for Summit. Dr. Buttram asked Summit to make some accommodations for Shellenberger's condition. Johnson did not reply. Instead, Dr. Buttram received a letter from James Kreig, counsel for Summit. The two exchanged letters regarding Shellenberger's sensitivities beginning on November 20, 1997, and lasting through February of the next year. Despite that correspondence, they were unable to reach any mutually satisfactory resolution for Shellenberger. Dr. Buttram also wrote two other letters on Shellenberger's behalf in August and September of 1998, but the matter remained unresolved.

Shellenberger left work early three times in November 1997 and once in March 1998 due to discomfort she was experiencing from fragrances in the workplace. She was never disciplined for any of those early departures. On April 22, 1998, Shellenberger experienced symptoms from the lemon-scented furniture polish in the room where she was receiving training. Summit managers allowed her to leave training early and reschedule her training session.

In August 1998, Shellenberger was paired with a new trainee during a two week "buddy system" orientation. Shellenberger apparently had a reaction to the trainee's perfume and asked her to stop wearing it. The trainee complied with the request. However, Shellenberger later complained that some fragrance in a skin lotion the trainee was wearing irritated her. Summit responded by allowing Shellenberger two weeks paid absence until the "buddy system" orientation was finished.¹

Around January of 1998, Shellenberger began communicating with the EEOC regarding the conditions of her employment at Summit, and she filed an EEOC complaint against Summit in July of that year. In that complaint, Shellenberger alleged that she was disabled under the ADA and that Summit had failed to accommodate her disability. Summit was served with notice of Shellenberger's complaint on August 17, 1998.

On September 10, 1998 (a few weeks after receiving the EEOC complaint), Shellenberger met with Fungard and one of Shellenberger's supervisors to discuss possible accommodations. Shellenberger claims that she inquired about the possibility of Summit adopting a perfume-free policy in the workplace or giving her an enclosed cubicle with a special air filtration device. Shellenberger also claims that Fungard responded: "I know that you're taking the legal route, so you probably just want to consider-just continue in that vein." App. 67. According to Shellenberger, all discussion of possible accommodations stopped after that comment, and the meeting ended. Summit's account of the meeting is different. Summit contends that Shellenberger was insubordinate, accused Summit of "poisoning" her, and framed her request for accommodations as an ultimatum rather than an inquiry or request.

On September 23, 1998, Shellenberger was called into Resetar's office for a meeting, which Fungard also attended. It was at that meeting that Shellenberger was told she was being fired. Shellenberger claims that Resetar explained that she was being fired because "[w]e can't get along with you or we — we just can't work out our relationship with you." App. at 69. When asked if her termination had anything to do with her ability to get along with co-workers, Shellenberger claims that Resetar responded, "... no, no, no. It has nothing to do with that. We just can't work things out with you." Id. When asked if she was being terminated due to her disability, Resetar responded, "... according to the bank's attorneys, you do not have a disability." Id. at 70.

After her termination, Shellenberger filed a second complaint with the EEOC, this time alleging illegal retaliatory discharge under the ADA. After an investigation, the EEOC concluded that Shellenberger had established both her failure to accommodate claim and her retaliatory discharge claim, and Shellenberger subsequently sued Summit under the ADA in district court.

During the ensuing jury trial, Shellenberger attempted to prove both a "pretext" case and a "mixed-motives" case under the ADA. At the conclusion of her evidence, the court granted Summit's Rule 50 motion for judgment as a matter of law as to Shellenberger's disability discrimination claim and her retaliatory discharge claim. This appeal followed.² As noted at the outset, Shellenberger is only appealing the judgment dismissing her retaliation claim.

II. Discussion

Our review of a district court's ruling on a motion for a new trial pursuant to Fed.R.Civ.P. 50 is plenary. See Northview Motors, Inc. v. Chrysler Motors Corp., 227 F.3d 78, 88 (3d Cir.2000); Alexander v. Univ. of Pittsburgh Med. Ctr. Sys., 185 F.3d 141, 145 (3d Cir.1999). Thus, we must interpret all evidence in the light most favorable to Shellenberger, the nonmoving party. Judgment as a matter of law is appropriate only if the evidence so interpreted does not allow a reasonable jury to find in Shellenberger's favor on her claim of illegal retaliation for engaging in a protected activity under the ADA. See Blanche Road Corp. v. Bensalem Township, 57 F.3d 253, 262 (3d Cir.1995); see also Fed.R.Civ.P. 50.

A.

Shellenberger claims that Summit violated the ADA by terminating her employment in retaliation for her requesting an accommodation under the ADA and filing a complaint with the EEOC. The district court analyzed her claim solely under a "pretext" theory, and found that Shellenberger had not presented sufficient evidence as a matter of law to establish a causal connection between engaging in protected activity and Summit's decision to fire her. The court also ruled that, regardless of whether Shellenberger had established a causal connection, Summit had put forth a legitimate, non-discriminatory reason for firing her: that she was insubordinate.

The evidentiary framework of Shellenberger's claim will vary depending on whether the suit is characterized...