Wilds v. U.S. Postmaster General, Civ.No. 3:95cv206(JBA).

• Decision Date: 30 September 1997
• Docket Number: Civ.No. 3:95cv206(JBA).
• Citation: 989 F.Supp. 178
• Parties: Donald WILDS, Plaintiff, v. UNITED STATES POSTMASTER GENERAL, Defendant.
• Court: U.S. District Court — District of Connecticut

989 F.Supp. 178

Donald WILDS, Plaintiff, v. UNITED STATES POSTMASTER GENERAL, Defendant.

Civ.No. 3:95cv206(JBA).

United States District Court, D. Connecticut.

September 30, 1997.

John T. Bochanis, Thomas J. Weihing, Daly, Weihing & Bodell, Bridgeport, CT, for Plaintiff.

Donald Wilds, Bridgeport, CT, pro se.

David X. Sullivan, U.S. Atty.'s Office, New Haven, CT, for Defendant.

RULING ON DEFENDANT'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT [DOC.25]

ARTERTON, District Judge.

This is an action for employment discrimination based on race and disability, and retaliation, pursuant to 42 U.S.C. §§ 1981, 1981a, 2000e-5(f) (Title VII of the Civil Rights Act of 1964, as amended); and 29 U.S.C. §§ 701-794 (Rehabilitation Act of 1973). Plaintiff Donald Wilds additionally alleges negligence by the defendant in testing the plaintiff for drug use. Plaintiff demands back pay and costs associated with the expenses of his job search incurred since his dismissal, compensatory damages and punitive damages to the maximum allowable by Title VII, compensatory and punitive damages to the maximum allowable by the Rehabilitation Act, an order declaring that defendant engaged in unlawful employment practices, an order reinstating plaintiff at his appropriate rank and seniority, or in the alternative, front pay, and reasonable attorney's fees and costs.

The action is presently before the court on defendant's Motion to Dismiss, or in the Alternative, for Summary Judgment.

Background

Plaintiff was employed by the Postal Service from October 1988 through September 1992, and from June 1993 through October 1993. During that time, defendant issued plaintiff a notice of removal on March 1992 on the grounds of repeated absenteeism. Plaintiff denied the allegations of absenteeism, and in lieu of termination, the parties entered into a "Last Chance Agreement" on April 8, 1992. This agreement required that the plaintiff be in regular attendance within specific parameters, or risk removal. In September 1992, the plaintiff was terminated for excessive absenteeism. At this time, plaintiff filed a complaint with the Equal Employment Opportunity Commission (EEOC). This complaint was settled when the parties entered into an agreement titled "Settlement of EEO Discrimination Complaint" in November 1992. This agreement stipulated that plaintiff was to be re-employed by the defendant, but plaintiff was required to participate in a drug rehabilitation program, to be drug free at the time of his request for re-employment, to have a valid Connecticut state driver's license, and to participate in an Employee Assistance Program (EAP) and random drug testing. Under the terms of this agreement, the parties were supposed to enter into another Last Chance Agreement with specifications for performance, but plaintiff alleges he was never presented with an agreement to sign.

After plaintiff's successful completion of the EAP, defendant reinstated him in June 1993. The plaintiff then underwent periodic random drug testing during the course of his employment. In September 1993, the plaintiff underwent a drug test that he contends was performed in a negligent manner. In October of 1993, plaintiff received notice from the Postal Service that he was terminated based on the positive drug testing done in September. Plaintiff alleges that the test was faulty, and contrary to defendant's regular practice, he was not allowed to take a second test. In addition to his allegations that the drug test was performed in a negligent manner, plaintiff alleges that the termination was based on race discrimination, retaliation for his first claim filed with the EEOC, and disability discrimination based on his status as a recovering substance abuser. In October of 1993, plaintiff again sought help from the EEOC in opposing his termination.

Legal Standard

Both parties having submitted extensive exhibits and statements of material fact, and the court having relied upon that material outside the pleadings in reaching the following conclusions, this motion will be treated as one for summary judgment. Fed.R.Civ.P. 12(c). In a motion for summary judgment, the burden is on the moving party to establish that there are no genuine issues of material fact in dispute, and that it is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 2514, 91 L.Ed.2d 202 (1986). Once the moving party has met its burden, "the non-moving party, in order to defeat summary judgment, must come forward with evidence that would be sufficient to support a jury verdict in his favor." Goenaga v. March of Dimes Birth Defects Foundation, 51 F.3d 14, 18 (2d Cir. 1995); Celotex Corp. v. Catrett, 477 U.S. 317, 332, 106 S.Ct. 2548, 2557, 91 L.Ed.2d 265 (1986). If, as to the issue on which summary judgment is sought, there is any evidence in the record from which a reasonable inference could be drawn in favor of the opposing party, summary judgment is improper. Finley v. Giacobbe, 79 F.3d 1285, 1291 (2d Cir. 1996). However, "a party opposing a properly supported motion for summary judgment `may not rest upon the mere allegations or denials of his pleading, but ... must set forth specific facts showing that there is a genuine issue for trial.'" Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986) (quoting First Nat. Bank of Ariz. v. Cities Service Co., 391 U.S. 253, 88 S.Ct. 1575, 20 L.Ed.2d 569 (1968)). In deciding a motion for summary judgment, all reasonable inferences and any ambiguities must be drawn in favor of the non-moving party. Thompson v. Gjivoje, 896 F.2d 716, 720 (2d Cir.1990).

Failure to Exhaust Administrative Remedies for Rehabilitation Act Claim

Defendant contends that plaintiffs claims under the Rehabilitation Act must be dismissed for failure to exhaust administrative remedies. Exhaustion of administrative remedies is an essential element for both Title VII and the Rehabilitation Act.¹ Stewart v. United States Immigration and Naturalization Service, 762 F.2d 193, 198 (2d Cir.1985). The exhaustion requirement "is an essential element of Title VII's statutory scheme." Butts v. City of New York Dept. of Housing, 990 F.2d 1397, 1401 (2d Cir.1993). Accordingly, "[a] district court only has jurisdiction to hear Title VII claims that either are included in an EEOC charge or are based on conduct subsequent to the EEOC charge which is `reasonably related' to that alleged in the EEOC charge." Butts, 990 F.2d at 1401. "The Second Circuit has set forth `three kinds of situations where claims not alleged in an EEOC charge are sufficiently related to the allegations in the charge that it would be unfair to civil rights plaintiffs to bar such claims in a civil action.'" Ausfeldt v. Runyon, 950 F.Supp. 478, 485 (N.D.N.Y.1997) (citation omitted). The first exception is based on the fact that the "Second Circuit recognizes that employees often fill out EEOC charges without the benefit of counsel. As a result, [there is] essentially an allowance of `loose pleading'." Id. This exception gives the benefit of the doubt to non-legally trained litigants, and recognizes the fact that the primary purpose of the EEOC charges "is to alert the EEOC to the discrimination that a plaintiff claims she is suffering." Butts, 990 F.2d at 1402. The second type of "reasonably related" claim is one alleging retaliation for filing an EEOC charge. Malarkey v. Texaco, Inc., 983 F.2d 1204 (2d Cir.1993). The third type of reasonably related claim is where a plaintiff alleges further incidents of discrimination carried out in precisely the same manner alleged in the EEOC charge. Almendral v. New York State Office of Mental Health, 743 F.2d 963, (2d Cir.1984).

Although plaintiff filed an EEOC claim in compliance with the exhaustion requirement, he failed to allege specifically that he was pursuing a disability discrimination claim in addition to his race discrimination claim. Plaintiff now argues that his Rehabilitation Act claim should be construed to have been "reasonably related" to his EEOC pleadings. In the Information for Precomplaint Counseling form that plaintiff filed with the EEOC, he states that the following occurred:

On 9-30-93, I reported for work at Noble station (USPS) at 7:00 a.m. and I was told by Queenie Young, acting supervisor, that I was not scheduled to work that day and rest of the week. Teresa Robinson, supervisor, notified me of same of following week. On 10-6-93 I received a letter from Mark Gillis I was terminated due to the fact I had allegedly failed drug test at Dr. Miller office on Noble Ave.... [illegible].

Ex. C, Plaintiffs Mem. in Opp. On plaintiffs EEO Complaint of Discrimination in the Postal Service form, plaintiff checked off the boxes marked "race," "color" and "retaliation" for the types of discrimination alleged. The "EEO Complaint of Discrimination in the Postal Service" clearly includes a box for "disability," which plaintiff did not check. When asked to explain the specific nature of the discrimination, plaintiff wrote:

Based upon items checked off in item eleven above, I know I am being discriminated against by the U.S. Postal Service when they terminated me due to alleged failure of drug test (urine sample). The U.S. Postal Service breached the EEO settlement agreement when they failed to establish a nexus between urine sample and myself. White employee who took drug test were given two tests the same day to confirm positive or negative specimen. Specifically [this white employee was] George Demsick.

Ex. C, Plaintiff's Mem. in Opp. In his EEO Investigative Affidavit, plaintiff wrote, "I, Donald Wilds, know that I am being discriminated against due to my race (Black) and prior EEO activities." Id. He goes on to describe in detail the administration of the disputed drug test, then states that "I deny I had any kind of drugs in my system. It should be noted...