Chantal Lacasse v. Didlake, Inc.

712 F. App'x 231
CourtCourt of Appeals for the Fourth Circuit
DecidedJanuary 10, 2018
Docket16-1896
StatusUnpublished
Cited by17 cases

This text of 712 F. App'x 231 (Chantal Lacasse v. Didlake, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chantal Lacasse v. Didlake, Inc., 712 F. App'x 231 (4th Cir. 2018).

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Appellant-plaintiff Chantal Lacasse appeals from the district court’s order granting summary judgment in favor of her employer, Didlake, Inc., on various claims based on Virginia common law, Title VII of the Civil Rights Act of 1964, and the Americans with Disabilities Act (“ADA”). For the following reasons, we affirm.

I.

Didlake, Inc., is a 501(c)(3) non-profit organization that provides rehabilitative services to, creates employment options for, and renders other direct assistance to over 2,000 individuals with disabilities. In addition to helping its beneficiaries secure employment elsewhere, Didlake directly employs over 800 people through its janitorial services contracts with federal agencies. Didlake maintains a comprehensive anti-harassment policy, which every employee receives and must read at the start of employment. Didlake reviews the policy annually with all employees, and sends its human resources department to conduct on-site, small-group training on how to recognize and report impermissible harassing and retaliatory conduct. Susie Kennedy, Didlake’s Manager of Labor and Employee Relations, also testified that Didlake’s human resources department carefully adapted the training materials to contain fewer legal terms so that they can be understood by all of its employees.

Chantal Lacasse, a 26-year-old woman with epilepsy and learning disabilities, was first a beneficiary of Didlake’s job placement services. In 2013, Didlake directly employed her as a janitor at the Defense Logistics Agency at Fort Belvoir, Virginia (“DLA”). Despite her disabilities, the Virginia Department of Aging and Rehabilitative Services determined her eligible to work in a mainstream job in a supported employment environment — for example, with the assistance of a job coach. Didlake provided Lacasse with a job coach named Lyn Cardona, who helped Lacasse secure the DLA position and provided her with ongoing and onsite employment support services. As a janitor at the DLA, Lacasse was supervised by Didlake Janitorial Supervisor Brenda Morales. Morales was in turn supervised by Didlake Project Manager Roy Evo. Evo, who had over twenty years of relevant experience, was primarily responsible for ensuring that Didlake was performing to the government’s satisfaction.

Lacasse alleges that on Thursday, August 15, 2013, Evo found her in a supply closet near the end of her shift and kissed her. According to Lacasse, the incident ended abruptly because someone knocked on the closet door. Lacasse did not tell anyone of this incident until a few days later on Saturday, August 17, 2013, when she told her parents. At work the following Monday, August 19, 2013, Lacasse told two individuals — a non-supervisory janitorial co-worker and an individual who works at the DLA but is not a Didlake employee— that Evo kissed her. These individuals relayed what Lacasse told them to Evo, who immediately reported these allegations to Didlake’s human resources department. Because this was at the end of Lacasse’s shift, the human resources department arranged to interview her the following morning.

On August 20, 2013, Kennedy and Car-dona privately interviewed Lacasse to corroborate her claims. While the investigation continued, Lacasse was placed on paid administrative leave so she would avoid any further contact with Evo. Didlake kept Lacasse apprised of the status of the investigation throughout its pendency, and advised her of resources for assistance and support. Kennedy then interviewed Evo who denied the allegations, and several other potential witnesses who confirmed that Evo was interviewing job candidates during the time period in question on August 15, 2013. Evo was interviewing job candidates approximately from 10:40 a.m. to shortly after 12:00 p.m., and Lacasse’s timecard showed that she left the building at 11:57 a.m. Based on Evo’s confirmed alibi, Kennedy reported to her supervisor and Didlake’s senior staff that she could not corroborate Lacasse’s allegations. The U.S. Army Criminal Investigation Command also launched an independent investigation. During its own independent investigation, the government suspended Evo’s access to the DLA. Because Evo could no longer access any secure government sites, Didlake placed Evo on administrative leave, and Evo subsequently resigned from his position. * Egberto Garcia took over as Didlake’s Project Manager at the DLA in December 2013.

On September 30, 2013, Lacasse returned to work. On Lacasse’s first day back to work, Kennedy, Morales, and Car-dona all personally met with her to review how she could report her concerns about other people’s behavior. Additionally, Did-lake arranged for an exception to be made in the DLA’s policy prohibiting cell phones so Lacasse could carry her cell phone with her at all times, call her family if necessary, and feel more comfortable adjusting back to work. Didlake also offered Lacasse an opportunity to work with a more experienced female worker. Lacasse reported being very happy with this opportunity, and the periodic time study conducted by Didlake showed an increase in her productivity, for which she received a salary raise in November 2013.

In December 2013, however, Lacasse’s workplace behavior began to deteriorate. Between December 2013 and late April 2014, Lacasse was counseled and disciplined four times for inappropriate workplace behavior. In December 2013, La-casse received her first written counseling after Morales caught her socializing with the DLA security guards outside of her assigned work area during work hours. On February 20, 2014, Lacasse received her second written counseling after she called her co-worker with mental and physical disabilities a “monkey.” On April 9, 2014, Lacasse received another written counseling, because a male co-worker complained that she was emasculating him by calling him “Granny” and “Benita.” Lastly, on April 21, 2014, Lacasse received her fourth written counseling for spreading rumors that a Didlake employee impregnated a second Didlake employee. The fourth counseling culminated in a three-day paid suspension. By policy, Didlake places an employee with a disability on a paid suspension when prior counseling fails to resolve an ongoing behavioral issue to allow the employee to regroup and become successful in the future.

Lacasse resigned from her DLA position on May 19, 2014, after reporting her unhappiness with her job. After Lacasse resigned, Didlake sought to assist her in determining her next steps, but Lacasse declined this offer. Lacasse filed suit against Didlake, alleging eight causes of action: (1) battery, (2) assault, (3) false imprisonment, (4) intentional infliction of emotional distress, (5) hostile work environment in violation of Title VII, (6) retaliation in violation of Title VII, (7) disability discrimination in violation of the ADA, and (8) retaliation in violation of the ADA. Although Lacasse included Evo in her state law claims, because he was never served with process, the district court dismissed Lacasse’s claims against him. Additionally, the district court granted summary judgment in Didlake’s favor on all counts. Lacasse appeals summary judgment on all counts except for her retaliation claims.

II.

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