Sussle v. Sirina Protection Systems Corp.
| Decision Date | 10 June 2003 |
| Docket Number | No. 01 Civ.3787 WK.,01 Civ.3787 WK. |
| Citation | 269 F.Supp.2d 285 |
| Parties | William SUSSLE, Plaintiff, v. SIRINA PROTECTION SYSTEMS CORP., and Sirina Fire Protection Corp., Defendants. |
| Court | U.S. District Court — Southern District of New York |
Daniel J. Kaiser, Kaiser Saurborn & Mair, P.C., New York, NY, for Plaintiff.
Saul D. Zabell, Frank & Breslow, P.C, Farmingdale, NY, for Defendants.
Plaintiff William Sussle ("Plaintiff") brings this action against his former employers, Defendants Sirina Protection Systems Corp. ("Sirina Protection Systems") and Sirina Fire Protection Corp. ("Sirina Fire Protection") (collectively the "Defendants"), alleging violations of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12101 et seq., the New York State Human Rights Law ("NYHRL"), N.Y. Exec. Law § 296, and the New York City Human Rights Law, N.Y.C. Admin. Code § 8-107. He contends that the Defendants unlawfully discriminated against him on the basis of his disability when they failed to provide him with reasonable accommodations and thereafter terminated his employment. He also contends that the Defendants unlawfully retaliated against him when he asked for reasonable accommodations. The Defendants now move for summary judgment. For the reasons that follow, we GRANT their motion for summary judgment.
The following facts are undisputed unless otherwise stated. Sometime between 1994 and 1997, the Plaintiff began feeling tired. His symptoms of fatigue led him to consult with Dr. Frank Karpowicz ("Dr.Karpowicz"). (See Sussle Depo. 34:15-18; see also Declaration of Saul D. Zabell ("Zabell Decl."), Ex. G.). Dr. Karpowicz diagnosed the Plaintiff with Hepatitis C. (See Sussle Depo. 113:14-18; see also Zabell Decl, Ex. G.)
Although the Plaintiff does not remember the exact date on which he learned of that diagnosis, he acknowledges that he had been informed of the diagnosis by 1997. (See Pl's Opp'n Statement Pursuant to Local Rule 56.1 ("Pl's Opp'n Statement") ¶ 56; Defs.' Statement Pursuant to Local Rule 56.1 ( ) ¶ 56.) In other words, he knew that he suffered from Hepatitis C before he began to work for the Defendants. (See Sussle Depo. 100:8-16.)
Defendant Sirina Fire Protection is a private business that installs automatic sprinklers, fire and detection systems, and fire suspension equipment. (Defs.' Statement ¶ 1; Pl's Opp'n Statement ¶ 1.) On January 6, 1998, the company hired the Plaintiff as a Sales Representative for its sprinkler division. (Defs.' Statement ¶2; Pl's Opp'n Statement ¶ 2.) As a Sales Representative, the Plaintiff was responsible for selling installation and maintenance contracts, renewing existing contracts, and generating new business leads and sales. (Defs.' Statement ¶ 3; PL's Opp'n Statement ¶ 3.)
The Plaintiff and the Defendants have different views about his performance as a Sales Representative at Sirina Fire Protection. The Plaintiff attests that he successfully generated some new sales for Sirina Fire Protection and that no manager ever complained to him about his sales performance. (Declaration of William Sussle ("Sussle Decl.") ¶ 3.) The Defendants, however, contend that the Plaintiff failed to close a single deal or to sign a single new contract for Sirina Fire Protection. (Defs.' Statement ¶ 4.)
Anthony Florez, the president and owner of Sirina Fire Protection, also owns several other companies, including Defendant Sirina Protection Systems. (See Deposition of Anthony Florez ("Florez Depo."), annexed as Exhibit A to the Declaration of Daniel J. Kaiser ("Kaiser Decl."), 5:12-25, 6:2-9, 7:20-25, 8:2-25, 9:2.) Sirina Protection Systems is involved in the business of fire alarms. (Florez Depo. 13:2-4.)
Sirina Fire Protection transferred the Plaintiff to Defendant Sirina Protection Systems in September 1998. (Defs.' Statement ¶ 5; Sussle Decl. ¶ 4.) His responsibilities at the latter company were similar to the ones he previously faced at Sirina Fire Protection; as a Sales Representative for Sirina Protection Systems, the Plaintiff was responsible for selling installation and maintenance contracts, renewing existing contracts, and generating new business leads and sales. (Defs.' Statement ¶ 7; Pl's Opp'n Statement ¶ 7.)
According to the Defendants, Sirina Fire Protection transferred the Plaintiff to Sirina Protection Systems's fire alarm sales and maintenance division in an effort to provide him with another opportunity to be successful. (Defs.' Statement ¶ 5.) At Sirina Protection Systems, he reported to Thomas Boyle ("Boyle"), a vice-president in charge of operations. (Florez Depo. 7:18-25, 9:23-25, 27:6-16.) Boyle supposedly told the Plaintiff that his transfer to Sirina Protection Systems represented his final opportunity to improve his sales performance. (Defs.' Statement ¶ 6.)
The Plaintiff disputes much of this account. (See Pl's Opp'n Statement ¶¶ 4-6; Sussle Decl. ¶¶ 3-4.) He contends that Boyle never told him that the transfer would be his last opportunity to improve his sales performance. (See Sussle Decl. ¶ 4) Rather, the Plaintiff thought that he was transferred because of his business contacts in Manhattan. (See id).
The parties also disagree about the Plaintiffs work performance at Sirina Protection Systems. According to the Defendants, the Plaintiff continued to register dismal sales results while working at Sirina Protection Systems and exhibited inappropriate and objectionable behavior with potential clients. (Defs.' Statement ¶ 8.) Boyle recounts a series of incidents and reprimands, which occurred between September 1998 and June 1999, where, among other things: (a) customers and competitors complained about the Plaintiffs sales tactics, attitude, demeanor, and unprofessional behavior; (b) Boyle consistently needed to warn the Plaintiff about his interpersonal skills and the manner in which he interacted with others; and (c) Boyle reprimanded or otherwise spoke to the Plaintiff about his unacceptably low activity levels, his poor work performance, his failure to qualify customer leads in order to discover legitimate customer opportunities, his failure to prepare for a sales meeting, and his intolerable conduct (such as his effort to tape record a customer meeting). (See Affidavit of Thomas Boyle ("Boyle Aff.") ¶¶ 7-25.) Boyle memorialized the Plaintiffs performance problems in a series of Interoffice Memoranda which he prepared for the Plaintiffs personnel file. (See Zabell Decl., Ex. N.)
On June 29, 1999, Boyle met with the Plaintiff to discuss his dissatisfaction with the Plaintiff's performance. (Boyle Aff. ¶ 26; cf. Sussle Depo. 172:17-19, 173:2-8.) At that meeting, Boyle advised the Plaintiff that he would make a decision regarding the Plaintiff's tenure with Sirina Protection Systems by the end of July 1999. (See Boyle Aff. ¶ 27.) On July 20, 1999, the Plaintiff was terminated from his employment with Sirina Protection Systems. (See Boyle Aff. ¶ 28; see also Sussle Decl. ¶ 23.)
The Plaintiff disputes Boyle's account and describes a different experience altogether. He contends that Boyle's memoranda regarding his poor work performance history were not true. (Sussle Decl. ¶ 11.) For example, according to the Plaintiff, he never missed a sales meeting and was never late or took a day off. (Id). To the contrary, the Plaintiff indicates that he worked "extra-late" on many occasions to complete assignments. (Sussle Decl. ¶ 12.) Moreover, the Plaintiff states that he "was very responsive to sales leads" and successfully developed leads "which led to sales while he was there and after he left." (Sussle Decl. ¶ 13.) From the Plaintiffs perspective, Boyle was often "unresponsive" to the leads he generated and this frustrated or otherwise delayed the Plaintiffs sales. (See Sussle Decl. ¶ 14.)
The Plaintiff also explains that none of Boyle's memoranda were shared with him. (See Sussle Decl. ¶ 10.) For that matter, the Plaintiff contends that he was never criticized for his interactions with clients or potential clients and that none of the alleged work concerns about him were ever discussed with him. (See Sussle Decl. ¶¶ 16-17.) Instead, the Plaintiff received a bonus in December 1998 and thereafter received an 8% raise. (Sussle Decl. ¶ 19.) When Sirina Protection Systems terminated the Plaintiffs employment on July 20, 1999, he was purportedly told that general business conditions led to his termination; no one supposedly advised the Plaintiff that he had been fired "for anything to do with [his] alleged poor work performance." (Sussle Decl. ¶¶ 23-24.) Indeed, the Plaintiff contends that Florez wrote him a positive letter of recommendation after his termination. (See Sussle Decl. ¶¶ 25-27; see also Kaiser Decl., Ex. E.)1
Following his termination, the Plaintiff alleged that he was discharged because of his Hepatitis C. His troubles with the Defendants in this regard, especially with Boyle, apparently began in April 1999, when the Plaintiff decided to treat his Hepatitis C with medication. Over time, the Plaintiff had chosen to consult with Dr. Ira Goldman ("Dr.Goldman") in an effort to seek treatment for his illness; he had been "told that [Dr. Goldman] was a doctor who was ... on top of th[at] disease and understood a lot about it." (See Sussle Depo. 58:4-11, 59:11-13, 105:7-15.) Dr. Goldman informed the Plaintiff that he had the option of pursuing Interferon and Ribavirin combination therapy ("the combination therapy"). (See Sussle Depo. 59:24-25, 60:2-17, 103:18-25, 104:2-3, 105:7-15.) After the Plaintiff considered whether he wanted to undergo that...
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