Williams v. Prison Health Services, Inc.

• Decision Date: 19 July 2001
• Docket Number: No. 00-1366-JTM.,00-1366-JTM.
• Citation: 159 F.Supp.2d 1301
• Parties: Kristi WILLIAMS, Plaintiff, v. PRISON HEALTH SERVICES, INC., Defendant.
• Court: U.S. District Court — District of Kansas

159 F.Supp.2d 1301

Kristi WILLIAMS, Plaintiff, v. PRISON HEALTH SERVICES, INC., Defendant.

No. 00-1366-JTM.

United States District Court, D. Kansas.

July 19, 2001.

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Norman R. Kelly, Norton, Wasserman, Jones & Kelly, Salina, KS, for plaintiff.

Alexander B. Mitchell, II, Mary T. Malicoat, Klenda, Mitchell, Austerman & Zuercher, L.L.C., Wichita, KS, for defendant.

MEMORANDUM AND ORDER

MARTEN, District Judge.

This matter comes before the court on defendant's motion for summary judgment pursuant to Fed.R.Civ.P. 56. The motion is fully briefed and ripe for determination. For the reasons set forth below, the court grants defendant's motion.

I. Factual Background

Prison Health Services (PHS) contracts with the State of Kansas to provide medical care and treatment to incarcerated inmates in the State's correctional facilities. Final Pretrial Order, at p. 2. In March 1992, PHS employed plaintiff, Kristi Williams at the Ellsworth Correctional Facility (ECF) as a registered nurse. Upon hiring, PHS knew plaintiff was epileptic. On December 15, 1999, plaintiff resigned.

Plaintiff contends PHS violated the Americans With Disabilities Act, 42 U.S.C. § 12101 et seq., by failing to reasonably accommodate her disability. Plaintiff further asserts constructive discharge based on a hostile work environment.

In June 1999, plaintiff began to experience increased seizure activity, after working early morning or late night shifts (5:15 a.m., 6:15 a.m. or 7:45 p.m.). She did not experience seizure activity when working the 7:30 a.m. shift. Williams chose not to inform PHS because the seizure activity was not interfering with her work performance.

On September 17 1999, Williams suffered a grand mal seizure and called Susan Mehler, Health Services Administrator, informing her she could not work. When plaintiff returned to work the next day, she requested that Mehler not assign her to early morning or evening shifts, and if required, she would provide a note from her physician. Later that week, Mehler told plaintiff that PHS required a physician's note. Plaintiff spoke with her physician, LaDona Schmidt, M.D., who advised plaintiff to have a sleep-deprived EEG on October 14 followed by a neurologist consultation by Trent Davis, M.D., on October 21. On September 23, Williams provided Mehler a note from Dr. Schmidt, indicating that Williams was to work "no early or late shifts." Schmidt Affidavit, at ¶ 6.

Plaintiff returned to work, but alleges that she experienced discrimination. When Beth Komarek, Director of Nursing, returned from sick leave on September 27, neither Komarek nor Mehler said anything about plaintiff's epileptic seizures, other than Mehler's acknowledgment that she received a doctor's note. Komarek said nothing to plaintiff unless she initiated conversation. Moreover, Williams noticed staff members avoiding her, not responding when she said hello, and not answering questions.

PHS contracted with the State of Kansas to provide 24 hour RN coverage. Final Pretrial Order, at p. 14. On September 30, Komarek and Mehler proposed ten-hour shifts for the nursing staff. After the meeting, Komarek met with plaintiff individually and told plaintiff that all nurses would work ten hour shifts, beginning at 4:00 a.m, 6:00 a.m., 10:00 a.m., and 8:00 p.m. Williams Affidavit, at p. 1. Williams replied by stating, "What does this mean for me?" Id. Komarek said she didn't know what plaintiff meant. Plaintiff told Komarek of her work restrictions, upon which Komarek stated, "Everyone else has to work these hours, they don't have a choice if they want to keep their job. If you won't..." Id. Plaintiff replied, "It's not that I won't, but I can't physically at this time." Id. Komarek responded, "I don't know if I can accommodate you. I have to be fair." Id. At the conclusion of the conversation, Komarek suggested plaintiff take sick leave until she became "stabilized." Williams Affidavit, at p. 2. Afraid she would forget the conversation, plaintiff immediately transcribed the conversation and subsequent comments she felt to be offensive.

Plaintiff, believing that her job was in jeopardy, contacted Donita Cawby, an Equal Employment Office representative for ECF. On October 1, Williams told Cawby about a long-standing joke Komarek initiated. According to plaintiff, Komarek joked that if Williams were to have a seizure, Komarek would "pull your [Williams'] pants down around your ankles, squirt K-Y in your crotch, and let you think an inmate boinked you." Williams Affidavit, at p. 2. Plaintiff never told Komarek that she was offfended because she couldn't cry or become embarrassed in front of her peers, particularly where the cause was her supervisor. However, employees believed that plaintiff thought the joke was funny as she herself joked about the disability. Mehler Deposition, at p. 37.

Plaintiff did not tell Cawby that, on a previous occasion, plaintiff asked Komarek to stop using the "N" word in her presence. Williams Affidavit, at p. 2. Upon this request, Komarek turned to plaintiff and repeated the word over and over. Id. Cawby told plaintiff that she would discuss the issue with Ray Roberts, ECF Warden, but informed Williams that she was unsure if her office had "jurisdiction" because plaintiff was a contract employee. Id. Cawby asked plaintiff what she hoped to achieve. Plaintiff told her that she wanted to work.

On the following days, plaintiff worked her daytime hours as scheduled. On October 4, during her vacation, Williams called an ADA hotline to determine her rights. The hotline put plaintiff in touch with Dawn Merriam at the Occupational Center of Central Kansas (OCCK).

Plaintiff returned to work the next day, apprehensive of her situation. In the afternoon, Mehler called plaintiff into her office and asked if she was unhappy. Plaintiff told her that she was concerned about comments made to her. She told Mehler that she did not feel comfortable talking to Mehler about those comments, but that she had spoken with Cawby and would discuss the issues with Mehler at a later time. After work, plaintiff was unable to eat, experienced nervousness, and did not sleep.

On October 6, plaintiff experienced a myoclonic seizure. She phoned her doctor and explained that despite the note, PHS did not comply with the request. Dr. Schmidt and plaintiff agreed that she should take sick leave until Dr. Schmidt received the results from the neurologist examination. Williams Affidavit, at p. 3. Plaintiff contacted Komarek, who told her to deliver or fax a doctor's note to the office.

Mehler later contacted plaintiff and told her that she had not taken the proper route by talking to Cawby, an EEO representative, unrelated to PHS. Mehler advised plaintiff to follow the Problem Solving Procedure, outlined in the employee handbook. Mehler agreed to mail the information to plaintiff and set an appointment with plaintiff, although the appointment was not set that day. Dr. Schmidt's office faxed the note for plaintiff's sick leave to PHS on October 11.

Mona Burt, State PHS Director, Mehler, plaintiff, and Merriam met on October 19 in Salina, Kansas. Burt told plaintiff that it was wrong to contact an EEO representative before following the proper PHS channels. Williams Affidavit, at p. 4. After plaintiff told Mehler and Burt her concerns, they asked plaintiff if she told Komarek that she did not appreciate the joking. Plaintiff responded that she did not. Id. Burt asked plaintiff how she would explain the fairness of plaintiff's reduced hours to staff members. Merriam told Burt that a medical accommodation should be kept confidential. Burt asked Merriam in what capacity she attended the meeting. Merriam responded that she was with plaintiff as an advocate and friend. The parties agreed that PHS would receive results from the neurologist's examination before PHS adjusted plaintiff's schedule. Id.

Upon receipt of the EEG results, Dr. Schmidt temporarily restricted plaintiff's work schedule to no more than 8½ hours of work per day between 7:30 a.m. to 4:00 p.m. with a maximum of 5 days per week and no driving. Dr. Schmidt's faxed a notice to Mehler on October 22 indicating that plaintiff was only able to work 8 ½ hour shifts, 5 days per week, due to plaintiff's medical condition. Williams Affidavit, at p. 5. When Mehler received the restrictions, she called plaintiff to discuss them. Plaintiff told Mehler that there were additional limitations coming from Dr. Schmidt's office. Mehler told plaintiff, "I think you are playing this to the hilt." Williams Affidavit, at p. 5. Mehler said she would contact Human Resources and call plaintiff on Monday. Later that day, Dr. Schmidt's office faxed additional restrictions to Mehler, indicating that plaintiff could work 8½ hour shifts, five days per week, between the hours of 7:30 a.m. to 4:00 p.m. Mehler Affidavit, at pp. 50-51.

Plaintiff's husband retrieved certified mail for the plaintiff on October 25, from Fran Elsky, Human Resources Generalist for PHS. The letter, dated October 22, reviewed the Family and Medical Leave Act and stated: "This office has been notified that you will be unable to work as of October 6, 1999 due to a health condition that affects you, your spouse, child, or parent which makes you unable to perform the essential functions of your job." Williams Affidavit, at p. 5.

Thereafter, on November 1, plaintiff called Donna Sue Franklin, Director of Human Resources for PHS at its corporate headquarters in Brentwood, Tennessee. When Franklin asked plaintiff about the FMLA paperwork, plaintiff questioned why she needed to complete the paperwork because Dr. Schmidt authorized her to return to work on October 22. Williams Affidavit, at p. 6. Franklin told plaintiff that she was placed on FMLA leave after she was absent for three days and that plaintiff needed to return the paperwork to "protect her job." Id. Plaintiff told...