Anderson v. Discovery Communications, LLC

814 F. Supp. 2d 562, 18 Wage & Hour Cas.2d (BNA) 452, 25 Am. Disabilities Cas. (BNA) 607, 2011 U.S. Dist. LEXIS 111261, 2011 WL 4526019
CourtDistrict Court, D. Maryland
DecidedSeptember 29, 2011
DocketCivil Action No. 08-cv-02424-AW
StatusPublished
Cited by5 cases

This text of 814 F. Supp. 2d 562 (Anderson v. Discovery Communications, LLC) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Discovery Communications, LLC, 814 F. Supp. 2d 562, 18 Wage & Hour Cas.2d (BNA) 452, 25 Am. Disabilities Cas. (BNA) 607, 2011 U.S. Dist. LEXIS 111261, 2011 WL 4526019 (D. Md. 2011).

Opinion

Memorandum Opinion

ALEXANDER WILLIAMS, JR., District Judge.

Plaintiff Victoria Anderson (“Anderson”) brings this action against Defendants Discovery Communications, LLC (“Discovery”), Janell Coles (“Coles”), Lisa Williams-Fauntroy (“Williams-Fauntroy”), and Doe Defendants 1 through 4 (“Doe Defendants”), alleging: (1) unlawful termination and retaliation on the basis of disability in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), and the Montgomery County Human Rights Act, Montgomery Cty. Code § 27-1 et seq.; and (2) deprivation and interference of rights and unlawful retaliation in violation of the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq. (“FMLA”).1 See Doc. No. 27. Currently pending before the Court are Anderson’s motion for discovery sanctions, see Doc. Nos. 78, 81, and Defendants’ motion for summary judgment, see Doc. No. 86. The Court has reviewed the motion papers submitted by the Parties and finds that no hearing is necessary. See Md. Loe. R. 105(6) (D.Md. 2010). For the reasons that follow, the Court DENIES Anderson’s motion for discovery sanctions and GRANTS Defendants’ motion for summary judgment.

I. FACTUAL & PROCEDURAL BACKGROUND

A. Anderson’s Employment with Discovery

The following facts are uncontroverted or presented in a light most favorable to Plaintiff Anderson. Anderson was employed by Discovery as a full-time employee from August 30, 2004 until January 3, 2007, when she was terminated. During her employment, Anderson worked as an attorney in the Programming, Production, and Talent (“PPT”) group of Discovery’s Legal Department. See Doc. No. 100 at 5. [565]*565Anderson reported to Janell Coles (“Coles”), who was at that time Director of the PPT group. Doc. No. 91 Ex. A at 89-90. Coles in turn reported to Lisa Williams-Fauntroy (“Williams-Fauntroy”), who was at that time the Vice President of the PPT group. Id. As a PPT attorney for Discovery, Anderson’s work consisted of negotiating and drafting agreements for television programs, providing ongoing legal advice to clients, and providing legal support for the Discovery Health Channel and Discovery’s Asia networks. Doc. No. 100 Ex. 3 at 1-2.

Regarding Anderson’s work performance, Anderson never received a “fully meets” all expectations on any of her formal performance reviews, but she was recognized as having strong technical, legal, and drafting skills. See Doc. No. 91 Exs. A:19-A:22.2 Anderson’s mid-year 2005 review rated her as “needs improvement” in the areas of “Respect,” “conveying] thoughts clearly, concisely, and respectfully,” and “effectively organizing, planning, and prioritizing work.” Doc. No. 91 Ex. A at 20. The review explained that Plaintiffs tone was seen as “combative” and that clients felt “badgered” by her and “perceive[d] her as difficult to work with” and a “roadblock to deals getting done.” Id. Her mid-year 2006 review rated her as “below expectations” in categories including: “effectively communicates expectations,” “takes into account all points of view prior to recommending a solution,” and “resolves conflicts in a direct, non-combative manner.” Id. at 22. Anderson was also rated as “needs improvement” in the categories of “Respect” and “Productive relationships.” Id. The review specifically notes that “in certain contexts [Anderson’s] methods appear well-reasoned and pragmatic, and in others seem inflexible and self-serving.” Id. However, Anderson contends that despite any issues that may have existed in the past, by 2006 any demeanor or tone issues had long been worked through. For example, in Anderson’s 2006 mid-year review, her supervisor describes her tone as “always cordial.” Doc. No. 100 Ex. 34. Several months later in Anderson’s 2006 annual performance review, her supervisor cautions her that Anderson “can not operate from the basis that as people get to know her they will know that she is a nice and accommodating person.” Doc. No. 100 Ex. 35.

B. Anderson’s Sleep Disorder Diagnosis

In October 2006, while in California for an ABA Conference, Anderson visited the doctor complaining of flu-like symptoms, a severe earache and difficulty falling asleep. Doc. No. 100 Ex. 3 at 9. Anderson’s doctor, Dr. Bailey-Walton, advised her that Anderson may be suffering from a mental impairment affecting her sleep. Id. Due to her sleeping problems, Anderson took four sick days the week of October 15 and remained in California that week. Id. Following her appointment with Dr. Bailey-Walton, Anderson requested and was provided with FMLA leave for the period of October 20, 2006 through November 15, 2006. Id. at 10-11. Anderson saw Dr. Cullen for her sleeping issues on October 27, 2006. Doc. No. 91 Ex. D at 20. Dr. Cullen’s examination revealed that all of Plaintiffs laboratory test results were normal but that she was suffering from “fatigue” or “sleep deprivation.” Doc No. 91 Ex. D:25-26, D:4. Dr. Cullen wrote on a prescription pad: “Return to full duty with hour restriction to 8 hours per day.” Id. On November 14, 2006, Anderson saw [566]*566Doctor Andrew Tucker, who ultimately diagnosed Plaintiff with insomnia, “both difficulty falling asleep and staying asleep.” Doc. No. 91 Ex. E at 29.

Upon preparing to return to work in November 2006, Anderson requested that she be limited to a standard eight-hour work day. Doc. No. 100 Ex. 3 at 11-12. Discovery generally expects its employees to work at minimum 40 hours per week, and generally to be in the office during Discovery’s core business hours of 9 a.m. to 6 p.m. Monday through Friday. Plaintiff acknowledges that it would be impossible for her to estimate how many hours she normally worked at Discovery because workload fluctuations depended on the department’s needs. Doc. No. 91 Ex. A at 98-99, 115, 136. Upon receiving Anderson’s request to limit her hours and the note from Dr. Cullen to that effect, Anderson’s supervisors asked Anderson to submit a work plan in which she would propose how she planned to perform the necessary functions of her job with this restriction. Doc. No. 100 Ex. 3 at 12. Anderson submitted a plan in which she indicated that she could commit to being in the office between 11 a.m. and 4 p.m. Doc. No. 91 Ex. C:l. Anderson stated that she would not keep track of her time spent at lunch, on breaks, or attending to personal matters during the day, and would not keep track of her work hours on individual projects, unless other members of the PPT group were also required to do so. Id. Defendants considered and ultimately denied Anderson’s request to work a reduced number of hours, finding that the restriction would have the effect of preventing Anderson from performing the essential functions of her position and would make it difficult-to-impossible for PPT to provide satisfactory service to its clients. Doc. No. 91 Ex. H at 73-74.

C. Anderson’s Termination of Employment

In December 2006, Defendants made the decision to terminate Anderson’s employment. Doc. No. 91 Ex. B at 94. Williams-Fauntroy, Anderson’s second-level supervisor,3

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244 F. Supp. 3d 499 (D. Maryland, 2017)
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Bluebook (online)
814 F. Supp. 2d 562, 18 Wage & Hour Cas.2d (BNA) 452, 25 Am. Disabilities Cas. (BNA) 607, 2011 U.S. Dist. LEXIS 111261, 2011 WL 4526019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-discovery-communications-llc-mdd-2011.