Brady v. Board of Education

222 F. Supp. 3d 459, 2016 U.S. Dist. LEXIS 170434, 2016 WL 7655423
CourtDistrict Court, D. Maryland
DecidedDecember 7, 2016
DocketCase No.: GJH-15-2196
StatusPublished
Cited by30 cases

This text of 222 F. Supp. 3d 459 (Brady v. Board of Education) 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
Brady v. Board of Education, 222 F. Supp. 3d 459, 2016 U.S. Dist. LEXIS 170434, 2016 WL 7655423 (D. Md. 2016).

Opinion

MEMORANDUM OPINION

GEORGE J. HAZEL, United States District Judge

This is a lawsuit brought by a retired teacher, Maria Brady (“Plaintiff’), against her former employer, Defendant Board of Education of Prince George’s County (“Defendant” or “the Board”) for various violations under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. Brady claims that the Board, through the actions of its employees, failed to accommodate her chronic spinal disorder; discriminated against her because of her disability by creating a hostile workplace; retaliated against her for filing a grievance [464]*464and eventually made her workplace intolerable, compelling her to resign. Now pending before the Court is Defendant’s Motion for Summary Judgment. A hearing was held on November 18, 2016. See Loc. R. 105.6 (D. Md.). For the following reasons, Defendant’s Motion for Summary Judgment is granted.

I. BACKGROUND

Maria Brady was employed as a teacher by the Board of Education of Prince George’s County from 2002 until her retirement on November 1, 2014.1 ECF No. 18-6 at 5.2 Starting with the 2008-09 school year and continuing through the 2014-15 school year, Brady worked at Kettering Middle School. Id. at 11-12. During the 2012-13 and 2013-14 school years she was supervised by the principal, Amin Salaam. ECF No. 1 at ¶23: see also ECF 18-2 at ¶ 5.3

Brady suffers from a chronic spinal disorder. ECF No. 19-1 ¶ 3. As a child, she was initially diagnosed with childhood scoliosis and later with a bulging disc in her back. Id. ¶ 1. In 2000 during her adult years, she was diagnosed with a degenerative disease of the neck and back as a result of an automobile accident. Id. Separately from these chronic issues. Brady had a minor altercation with a student on January 30, 2013, which led to an additional diagnosis of carpal tunnel syndrome. Id. ¶ 2.

Beginning in the middle of the 2012-13 school year, Brady began providing doctor’s notes to Principal Salaam, regarding her diagnoses and the physical limitations they imposed on her. Id. ¶ 3. A doctor’s note, dated January 23, 2013, recommended that Brady “limit long term standing” and a note dated February 4, 2013 said that “Maria Brady can no longer function in any capacity where risk of physical strain or injury is present” due to her treatment for a spinal disorder. ECF No. 19-2 at 3-4. Principal Salaam did not speak to her about a reasonable accommodation at that time, nor did he take alternative actions such as contacting the school’s compliance officer concerning her need for a reasonable accommodation. ECF No.19-1 at ¶ 6.

According to Brady, her doctors told her that when she experienced back pain she should rest, but said that her pain could be managed without coming in for a doctor’s appointment. Id. 9. However, when Brady requested sick leave on February 6, 2013. Principal Salaam said that she needed to supply a doctor’s certificate upon her return to work. Id. ¶ 7: see also ECF No. 19-4 at 1. The requirement to provide documentation of doctor’s visits forced her to take more time off from work than was necessary. ECF No. 19-1 ¶ 9.

The Negotiated Agreement between the Board of Education of Prince George’s County and the Prince George’s County Educators Association states that “a doctor’s certificate of evidence for the necessity of loss of time shall be required for days in excess of three (3) for any one illness. A doctor’s certificate may be required for [465]*465periods of less than three (3) days absence, if in the opinion of either the immediate supervisor or the Chief Executive Officer’s designee, the teacher is abusing sick leave privileges.” ECF No. 18-7 at 20. Principal Salaam claims that the documentation requirements were reasonable because he believed Brady was abusing her sick leave.4 ECF No. 18-2 ¶ 9. However. Brady asserts that there was no basis for this accusation since she had not exceeded her allowed days of annual sick leave in either the 2012 or 2013 calendar years. ECF No. 19-1 at ¶8.5 Brady complained to school officials during a union meeting on January 13, 2014 regarding Principal Salaam’s failure to grant her sick leave, but there was no follow up to her complaint. RCF No. 19-1 ¶ 16.

In addition to the requirement to provide documentation whenever she took sick leave. Principal Salaam increased Brady’s workload during the 2013-14 school year id. ¶ 11, and directed her to attend training at a distant location, id. ¶ 13. Principal Salaam also commented publicly that he did not believe Brady’s injuries were real, saying “there is nothing wrong with your neck” on September 24, 2013 and November 3, 2013 and asking cynical questions about her neck brace on October 25, 2013. Id. ¶¶ 14-15. This led to students mocking her when she wore her medical apparatus to class, saying “Ms. Brady. Mr. Salaam said there’s nothing wrong with you so why are you wearing that collar on your neck?” Id. ¶ 15.

On July 22, 2014. Brady’s doctor signed a statement saying that Brady “has been unable to return to work” from July 10, 2014 through January 15, 2015.6 ECF No. 19-3 at 2. The statement references the January 2013 student altercation but also notes that Brady was suffering from chronic lower back pain and scoliosis not related to the incident. Id. at 1. The physician’s note also states that Brady was disabled from March 6, 2014 through July 10, 2014. Id. On August 18, 2014. Brady informed her union that she would be out on Workman’s Compensation related leave until January 5, 2015 and complained that Principal Salaam questioned her medical documentation, requesting more information than was required. ECF No. 18-2 at 34. On August 28, 2014. Brady submitted to an independent medical evaluation ordered by school officials regarding her request for extended leave. ECF No. 19-1 ¶ 23. The doctor concluded that her carpal tunnel was not caused by the January 30, 2013 student altercation and that her neck and hand symptoms that did relate to that injury had healed. ECF No. 18-2 at 49. The doctor also referenced her cervical issues and acknowledged that she had a multi-level degenerative disc disease. Id. at 48. However, his ultimate conclusion was that “[t]he patient can perform her regular and usual work activities as a teacher with no limitations.” Id. at 50.

[466]*466On August 18, 2014. Principal Salaam again informed Brady that she was required to present a doctor’s certificate for any sick days, or they would be considered unpaid leave. ECF No. 19-1 ¶ 20. On August 19, 2014. Brady filed a grievance against Principal Salaam with her union, alleging that Principal Salaam did not require anyone else to present a doctor’s certificate and that he falsely accused her of abusing sick leave. Id. ¶22. She also shared these allegations with various school board officials. Id. ¶ 21.

Brady returned to Kettering Middle School on September 15, 2014, and asserts that Principal Salaam continued to harass her in retaliation for filing a grievance with her union. ECF No. 19 at 7-10; see also ECF No. 19-1 ¶¶ 22, 25.

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222 F. Supp. 3d 459, 2016 U.S. Dist. LEXIS 170434, 2016 WL 7655423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brady-v-board-of-education-mdd-2016.