Whitaker v. Milwaukee Cnty.
| Decision Date | 25 November 2014 |
| Docket Number | No. 13–3735.,13–3735. |
| Citation | 772 F.3d 802,30 A.D. Cases 1830 |
| Parties | Joyce WHITAKER, Plaintiff–Appellant, v. MILWAUKEE COUNTY, WISCONSIN, Defendant–Appellee. |
| Court | U.S. Court of Appeals — Seventh Circuit |
James A. Walcheske, Attorney, Walcheske & Luzi, LLC, Brookfield, WI, for Plaintiff–Appellant.
James M. Carroll, Attorney, Milwaukee County Corporation Counsel, Milwaukee, WI, for Defendant–Appellee.
Paul D. Ramshaw, Attorney, Equal Employment Opportunity Commission, Washington, DC, for Amicus Curiae.
Before RIPPLE and WILLIAMS, Circuit Judges, and ST. EVE, District Judge.*
Joyce Whitaker brought this action against her former employer, Milwaukee County, alleging that she was discriminated against in violation of the Americans with Disabilities Act (“ADA” or “Act”), 42 U.S.C. § 12101 et seq. She specifically alleged that her employer had failed to accommodate her disability by refusing to extend her period of medical leave, refusing to transfer her to another position, and then terminating her for reasons related to her disability. Milwaukee County (the “County”) moved for summary judgment, which the district court granted. Ms. Whitaker now appeals. She challenges the district court's conclusion that her complaint impermissibly went beyond the scope of her EEOC charge and that Milwaukee County was not her “employer” under the statute.
We affirm the judgment of the district court. We conclude that, although Milwaukee County was Ms. Whitaker's official employer and was responsible for her compensation, it had no involvement in the principal decisions that she claims violated the statute and no authority to override those decisions, made by the State of Wisconsin's Department of Health Services personnel. Accordingly, the County cannot be held liable under the ADA for those decisions. Because the district court's judgment in favor of the County on the termination and denial of accommodation claims must be upheld on this basis, we need not consider whether that court erred in determining the scope of the charge as it concerns State conduct. With respect to whether the County is liable for any of its own actions, we hold Ms. Whitaker's allegations on these matters are outside the scope of her EEOC charge, and, therefore, we cannot consider them. We therefore affirm the district court's grant of summary judgment to Milwaukee County.
Beginning in 2001, Ms. Whitaker worked as a corrections officer for the County. In 2005, she sustained a work-related injury to her back and subsequently was diagnosed with degenerative lumbar disk disease and symptoms of chronic diskogenic low back pain and sciatica. As a result of these back conditions, she has physician-imposed permanent work restrictions and substantial limitations in a number of tasks, including sitting, standing, and walking. Through the County's employment relocation program, Ms. Whitaker was hired in 2006 as an Energy Assistance Specialist as an accommodation for her back disability. Later, in 2008, Ms. Whitaker became an Economic Support Specialist in the County's income maintenance (i.e., public benefits) program, where she continued until her termination in 2010.
In 2009, Wisconsin enacted a statute that directed the State's Department of Health Services (“DHS”) to establish a unit to administer public assistance programs in Milwaukee County. See 2009 Wisconsin Act 15, § 22 (codified at Wis. Stat. § 49.825 ). The County previously had administered those functions through the unit in which Ms. Whitaker worked. Following the transition to State management, Ms. Whitaker remained an employee of the County, but worked in the DHS unit, now called Milwaukee County Enrollment Services (“MilES”). She retained her County badge and her membership (with seniority) in the union of County employees. She was compensated and received benefits from the County. This arrangement conformed to the statute transferring administration to DHS. See Wis. Stat. § 49.825(3).
All of Ms. Whitaker's supervisors, however, were employees of Wisconsin DHS, as required by the statute, and they managed the day-to-day affairs of the office with no input from County officials.1 See id. § 49.825(3)(a). Her DHS supervisors had “the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, discipline, and adjust grievances with respect to, and state supervisory employees may supervise, county employees performing services ... for the unit.” Id. § 49.825(3)(b)(1). DHS employees also administered the leave program and had authority to resolve disputes with the applicable union.2 The transition began in May 2009, and the State had assumed full responsibility for the program by January 1, 2010. Ms. Whitaker does not allege that any County employees had involvement in any adverse employment actions taken with respect to her once the transfer to DHS administration was complete.
During her employment—both before and after the transition to DHS administration—Ms. Whitaker complained that at least one of her supervisors, MilES Deputy Director Vanessa Robertson, had ignored regularly her permanent work restrictions;3 Ms. Whitaker, however, did not file an EEOC complaint. She did request and receive a work accommodation in January 2010 from a DHS compliance officer relating to her ability to sit for only short periods. Six months later, in June 2010, Nicole Teasley, a human resources specialist for DHS, approved a request for intermittent leave under the Family and Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 –54.
On August 27, 2010, Ms. Whitaker aggravated her existing back disability. She then requested continuous FMLA leave, which also was approved in August by Teasley for an initial period of two weeks. One day before its expiration, Ms. Whitaker again requested continuous leave under the FMLA, this time citing both her own limitations and a need to provide care for her father. Teasley again approved the request, authorizing leave from September 8 through October 18. Teasley's letter noted that Ms. Whitaker's FMLA leave would be exhausted on October 19, 2010, and that she would then have an opportunity under her employment contract to request a leave of absence without pay for up to thirty days. On October 18, 2010, Ms. Whitaker forwarded to Teasley a request for a leave of absence, again citing her own condition and her need to care for her father; she requested a return-to-work date of December 28, 2010. On October 25, 2010, Teasley approved in part and denied in part Ms. Whitaker's request, allowing a contractual leave of absence only through November 5, 2010. A separate letter of the same date from Deputy Director Robertson reiterated that FMLA leave was exhausted and stated that Ms. Whitaker was expected to return to work on November 8, 2010, and that, if she did not return, DHS would “begin the process for medical separation.”4
Ms. Whitaker did not return to work as scheduled. Her physician sent FMLA medical certifications on three occasions extending her need for medical leave first to mid-November, then mid-December, then mid-January 2011. In the meantime, however, by further letter dated November 15, 2010, Robertson provided Ms. Whitaker with a notice of intent to terminate her for medical reasons and explained the state statutory authority for termination of an employee who has exhausted available leave and remained unable to return to work. It also noted that employees who were medically separated would be referred to the County's Job Accommodations Coordinator to seek an alternative placement during a six-month leave of absence.5 A County human resources representative was copied on the correspondence.6 The letter also set a meeting on November 18th to discuss the proposed action. Ms. Whitaker attended the meeting along with a union representative, Teasley, and Robertson, and she confirmed that she was unable to return to work. DHS representatives reiterated their intent to terminate her. A confirmation letter from another DHS employee recited that Ms. Whitaker was “terminated effective November 30, 2010 for medical reasons,” and the County's human resources director received a copy.7
Meanwhile, on November 3, 2010—prior to receiving Robertson's notice of intent to terminate—Ms. Whitaker had filed a charge with the EEOC naming both Milwaukee County and Wisconsin DHS as employers. The charge stated: “I believe that I have been discharged on the basis of my disability in violation of” the ADA.8 It gave October 25, 2010—the date on which she was informed that her FMLA leave was exhausted and that she was required to return on November 8—as the only date of discrimination. The box available for “continuing action” was not selected. The EEOC issued a right to sue letter on July 26, 2012, and sent a dismissal letter on May 8, 2013, in which it stated that it was unable to conclude that there had been a violation of the statutes.
Ms. Whitaker brought this action in the district court and initially named both Milwaukee County and Wisconsin DHS as defendants. Wisconsin DHS then moved successfully for its dismissal from the action on the basis of Eleventh Amendment immunity. Ms. Whitaker filed an amended complaint, and Milwaukee County, now the sole defendant, moved for summary judgment on March 28, 2013. On November 6, 2013, with trial set for February, Ms. Whitaker moved for leave to file a second amended complaint. On November 12, 2013, in a single order, the district court denied Ms. Whitaker's motion for leave and granted the County's motion for summary judgment.
With respect to the motion to file a second amended complaint, Ms. Whitaker principally sought to rejoin Wisconsin DHS as a defendant and to add a claim under the Rehabilitation Act. The district court's decision denying leave concluded that granting the motion would unduly delay the proceedings and prejudice the County.9 It noted that the matter had been...
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