Capps v. Mondelez Global LLC

147 F. Supp. 3d 327, 2015 U.S. Dist. LEXIS 158448, 2015 WL 7450539
CourtDistrict Court, E.D. Pennsylvania
DecidedNovember 24, 2015
DocketCIVIL ACTION NO. 14-04331
StatusPublished
Cited by24 cases

This text of 147 F. Supp. 3d 327 (Capps v. Mondelez Global LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Capps v. Mondelez Global LLC, 147 F. Supp. 3d 327, 2015 U.S. Dist. LEXIS 158448, 2015 WL 7450539 (E.D. Pa. 2015).

Opinion

MEMORANDUM

PAPPERT, District Judge

Mondelez Global LLC (“Mondelez” or “Defendant”) fired Fredrick Capps (“Capps” or “Plaintiff’) believing that he misused leave taken pursuant to the Family and.'Medical Leave Act (“FMLA”). In early 2014, Mondelez learned that on February 14, 2013, a day on which Capps took FMLA leave, he went to a local bar, became highly intoxicated and was arrested and charged for driving under the influence on his way home. Capps also took FMLA leave the following day after spending several hours in jail the night before. Capps filed this lawsuit after he was terminated, claiming that Mondelez interfered with his FMLA benefits, retaliated against him for taking FMLA leave, and violated his rights under the Americans with Disabilities Act (“ADA”) and the Pennsylvania Human Relations Act (“PHRA”).

Before the Court are the parties’ cross-motions for summary judgment. Based on the undisputed material facts, the Court finds that: (1) Mondelez did not interfere with Capps’s exercise of his rights under the FMLA because it did not deny Capps any benefits to which he was entitled under the statute; (2) Mondelez did not retaliate against Capps for taking FMLA leave because it based its decision to terminate Capps on an honest suspicion that he misused that leave; and (3) Mondelez did not violate the ADA because Capps did not request an accommodation under that law. Accordingly, and as explained below, Capps’s motion for summary judgmént is denied, Mondelez’s motion for summary judgment is granted and the case is dismissed.

I.

Mondelez is one of the world’s largest snack companies, whose brands include Oreo, Chips Ahoy!, Toblerone, and Tri[331]*331dent.1 Capps began his employment -with Mondelez’s predecessor, Nabisco, in 1989. (Defi’s Stmt, of Facts (“Defs SMF”) ¶ 13.) He worked on-and-off at the company as-a mixing technician until his termination in March 2014. (Id. ¶¶ 15-16.) That position involves loading ingredients into and. operating the mixing machine that makes dough. (Defs SMF ¶ 14.) Throughout Capps’s tenure at the company; Mondelez maintained a clear policy regarding the use of FMLA leave: an employee' may use intermittent FMLA leave when it is a “medical necessity” and must provide nor tice of the leave “as soon as practicable.” (Id. ¶ 4, Ex. 1.) Mondelez’s policy, as set forth in its “Philadelphia Bakery Employee Guidelines,” (“Employee Guidelines”) also provided that “[a]s with all communications with the Company, the submission of false information to the Cojppany. Regarding the need for FMLA leave, or the fraudulent use of FMLA leave, may result in discipline, up to and including tefriii-nation.” (Defs SMF, Ex. 1.) In addition, as set forth in a separate section entitled “Dishonest Acts on the Part of Employees,” Mondelez stated that it “will not tolerate dishonesty on the part of its employees----Any employee found guilty of a dishonest act would be subjected dismife’sal.” (Id.)

In 2002, Capps was diagnosed ¡.with Avascular Necrosis, a degenerative bone disease. (Pl.’s Stmt, of Facts (“Pl.’s SMF”) ¶ 16.) As a result of this disease, Capps had both of his hips replaced in 2004. (Id. ¶ 18.) He was certified for FMLA’ leave following this procedure, and was continuously certified approximately ■= every, .six months for intermittent FMLA leave for his condition until his termination in 2014. (Defs SMF ¶ 22; Pl.’s SMF ¶ 23," Ex. I;) In his 2013 FMLA recertification covering January 24, 2013 through July 23, 2013, Capps’s physician, Dr. Aron Guttin, D.O., stated that Capps cannot perform his job functions and “requires full bedrest during exacerbations.” (Id., Ex. 8.) Dr. Guttin also noted that “this year [the episodes] have been more severe and more frequent than years prior” and that Capps periodically “experiences temporary periods of inflammation that are ■ debilitating and require anti-inflammatory medication and rest.” (Id.) Mondelez’s third-party FMLA administrator, WorkCare, approved Capps’s re-certification for FMLA leave covering the requested time period. (Pi’s SMF, Ex. O.) The approval noted that Capps “may need to be off 1-2 times every month for a duration of up to 14 days per episode for incapacity and treatment appointments.” (Id.)

On Monday, February 11 and Tuesday, February 12, 2013, Capps took FMLA leave due to pain in his hips, and returned to work on February 13, 2013. (Id. ¶ 32, Ex. Q.) On February' 14, 2014, Capps was scheduled to begin' his mixing shift at 1 p.m. (Id., Ex. Q.) Initially, he called Mon-delez’s phone system at 11:13 a.m. and the FMLA message line at 1:01 p.m., stating that he woúld be late to work because of leg pain. (Defs SMF ¶ 30; Pl.’s SMF T35.) He subsequently called 'Mondelez’s system at 2:15 p.mV and.the FMLA message line at 2:12 p.m. stating that he would be taking a full FMLA day as the pain had not subsided. .(Defs SMF ¶ 31; Pl.’s SMF ¶ 36.) At approximately 6 p.m. that evening, Capps drove to a local pub to meet friends. (Defs SMF ¶ 34; Pl.’s SMF ¶ 40.) While there, Capps ate dinner and drank three beers .and three shots. (Defs SMF ¶¶ 35-36; Pl.’s SMF ¶¶ 40-41.) He spent approxi[332]*332mately two and a half to three hours at the pub. (Defs SMF ¶ 35.) On his way home at approximately 9:10 p.m., Bensalem Township police officers' stopped and arrested Capps for driving under the influence (“DUI”) after they received a report of someone driving on the wrong side of the road. (Defs SMF-¶¶ 38-39, Exs. 14,. 15.) After failing field sobriety tests, the police officers drove Capps to the hospital for a blood test, which revealed a blood alcohol concentration of 0.339%.2 (Defs SMF ¶¶ 39-40, Exs. 14, 16.) Capps testified that he was released from jail at approximately 2:30 a.m on the morning of February 15, 2013. (Defs SMF ¶ 31; Pl.’s SMF ¶- 45.)

' That day, Capps was scheduled to begin his shift at 1 p.m. (Defs SMF ¶ 42; Pl.’s SMF, Ex. Q.) He called Mondelez’s phone system at 10:50 a.m. and the FMLA message line at 10:51 a.m., informing Defendant that he was taking an,FMLA leave day due to continued leg. pain. (Defs SMF ¶ 43; Pl.’s SMF ¶ 38.) On February 18, 2013, Capps returned to work as scheduled. (Defs SMF ¶ 44.) He did not report the DUI to anyone at Mondelez, and there is no record of anyone at Mondelez questioning Capps about his FMLA usage upon his.return to work. (Defs SMF ¶ 44.) Capps was subsequently recertified for FMLA leave from July 31, 2013 through January 30, 2014. (Pl.’s SMF ¶ 31, Ex. P.)

In early 2014, Capps’s Human Resources manager, William Oxenford, found in his company mailbox a newspaper article reporting Capps’s DUI arrest and conviction from one year before. (Defs SMF ¶ 46; Pl.’s SMF ¶ 49.) Oxenford testified that he does not know who placed the article in his mailbox. (Pl.’s SMF ¶ 50.) He asked Barbara McAvoy, an employee in the Human Resources department, to investigate Capps’s attendance record to determine if any of his FMLA leave days coincided with the date of his arrest. (Defs SMF ¶¶ 47-48; Pl.’s SMF ¶¶ 60-62.) When Oxenford and McAvoy reviewed Capps’s criminal court docket, they noticed that his •arrest date and court dates appeared to coincide with days on which Capps had taken-FMLA leave. (Defs SMF ¶ 48; Pl.’s SMF ¶ 62.) Specifically, the docket displayed Capps’s arrest date, February 14, 2013, which Oxenford and McAvoy knew to be a day on which he took FMLA leave. (Defs SMF ¶ 49.) Other dates that appeared on the docket were June 4, 2013 and October 15, 2013, which Oxenford and McAvoy also knew tó be dates on which Capps took FMLA leave.

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147 F. Supp. 3d 327, 2015 U.S. Dist. LEXIS 158448, 2015 WL 7450539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capps-v-mondelez-global-llc-paed-2015.