Coker v. Enhanced Senior Living, Inc.

897 F. Supp. 2d 1366, 27 Am. Disabilities Cas. (BNA) 97, 2012 WL 4326429, 2012 U.S. Dist. LEXIS 133095
CourtDistrict Court, N.D. Georgia
DecidedSeptember 18, 2012
DocketCivil Action No. 2:11-CV-0091-RWS
StatusPublished
Cited by11 cases

This text of 897 F. Supp. 2d 1366 (Coker v. Enhanced Senior Living, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coker v. Enhanced Senior Living, Inc., 897 F. Supp. 2d 1366, 27 Am. Disabilities Cas. (BNA) 97, 2012 WL 4326429, 2012 U.S. Dist. LEXIS 133095 (N.D. Ga. 2012).

Opinion

ORDER

RICHARD W. STORY, District Judge.

This case comes before the Court on Plaintiffs Motion for Partial Summary-Judgment [34], Defendants’ Motion for Summary Judgment [35], Defendants’ Motion for Leave to Amend Statement of Material Facts [46], and, finally, Plaintiffs Motion for Leave to File Supplemental Brief Due to Admission In Judicio [56].Af-ter reviewing the record, the Court enters the following Order.

Background

Plaintiff Rachel Coker (“Plaintiff’) initiated this litigation by filing a Complaint against Defendants, her former employers, alleging discrimination and retaliation in violation of the Americans with Disabilities Act (“ADA”), as amended, 42 U.S.C. § 12101 el seq. (See generally Compl., Dkt. [1].) In particular, Plaintiff alleges in Count I of the Complaint that she is disabled within the meaning of the ADA and that Defendants discriminated against her because of her disability by failing to reasonably accommodate it. (Id. ¶¶ 18-22.) In Count II, Plaintiff alleges that Defendants retaliated against Plaintiff for requesting a reasonable accommodation of her disability by terminating her employment.1 (Id. ¶¶ 23-26.) Plaintiff now moves for partial summary judgment, seeking judgment as a matter of law solely on the issue of whether Plaintiff has a “disability” within the meaning of the ADA. (See generally Pl.’s Mot. for Partial Summ. J., Dkt. [34].) Defendants cross move for summary judgment, seeking judgment as a matter of law on both of Plaintiffs claims in their entireties. (See generally Defs.’ Mot. for Summ. J., Dkt. [35].) Except where otherwise indicated, the following facts are undisputed.

I. Plaintiffs Breast Disease

Plaintiff alleges that she is “disabled” within the meaning of the ADA as a result of breast disease, which was diagnosed in the fall of 2009. Prior to this diagnosis, Plaintiff experienced multiple, painful lumps on her breast and noticed unusual discharge. (PL’s Statement of Additional Material Facts As To Which Respondent Contends There Are No Genuine Issues To Be Tried (“PL’s Statement of Additional Facts”), Dkt. [42-2] ¶3.) In November 2009, after having a mammogram and ultrasound test, Plaintiff was referred to Dr. Rosa Langella, a Board Certified specialist and active member of the American Society of Breast Surgeons, who has been treating women with breast cancer and breast disease since 1997. (Id. ¶ 5.) Dr. Langella observed several masses or nodules on both of Plaintiffs breasts and diagnosed Plaintiff with breast disease. (Id. ¶¶ 6-7, 9.)

On January 10, 2010, Dr. Langella performed surgery on Plaintiff to remove and biopsy masses from both breasts. (Id. ¶ 10.) The masses tested negative for cancer. (Id. ¶ 12.) On May 17, 2010, Dr. Langella again examined Plaintiff, who complained that she had been experiencing spontaneous breast discharge for several months. (Affidavit of Rosa L. Langella, M.D. (“Langella Aff.”), Dkt. [34-3] ¶4.) Dr. Langella again found masses on both breasts and recommended a bilateral major breast duct excision and excision of the masses, which procedure was scheduled for June 3, 2010.(/A)

[1369]*1369On the date of this appointment, Dr. Langella gave Plaintiff a medical note that read, “New onset breast disease---- Patient was treated by me on 5/17/10 in the offiee-at this time she was sch [sic] for surgery to be done 6/3/10.” (Pl.’s Statement of Additional Facts, Dkt. [42-2] ¶ 37.) ■ Plaintiff returned to work on May 19, 2010 and, as discussed in Part III, infra, gave her supervisor the medical note and asked for time off for surgery. (Id. ¶¶ 38-42.) As discussed in Part III, Plaintiffs employment was terminated on the same date. (Id. ¶ 62.)

Plaintiff subsequently underwent surgery as scheduled on June 3, 2010. (Id. ¶ 5.) Dr. Langella saw Plaintiff for followup on June 8, 2010 and June 29, 2010. (Id. ¶ 5.) Dr. Langella concluded that the masses on Plaintiff’s breasts, “while not cancerous, cannot be considered benign” and are “the result of abnormal cell growth and abnormal endocrine and reproductive functioning.” (Id. ¶ 5.)

II. Plaintiffs Employment with Defendants

In September 2008, prior to the diagnosis of her breast disease, Plaintiff was hired to work as a cook for Defendants in Cameron Hall of Ellijay (“Cameron Hall”) (id. ¶ 1), an assisted living facility (Affidavit of Sarah Jean (“Jean Aff.”), Dkt. [35-3] ¶ 2). Defendants’ employee handbook identified excessive smoking, failure to complete work assignments, and excessive absence as disciplinary infractions. (Defs.’ Statement of Material Facts As To Which There Is No Genuine Issue To Be Tried (“Defs.’ SMF”), Dkt. [35-12] ¶2.) Defendants contend that throughout the end of Plaintiffs employment, Plaintiff was in regular violation of these policies-repeatedly failing to show up for work, leaving work early, and smoking excessively during her shifts. (See generally id.)

At the time of Plaintiffs employment, Cameron Hall had approximately twenty to twenty-five (20-25) total employees, including a kitchen staff of two to three (2-3) persons, making prompt and regular attendance critical. (Id. ¶ 5.) From the outset of her employment, Plaintiff understood that prompt and regular attendance was important. (Id. ¶ 6.) Indeed, between May and September of 2009, Plaintiff was in regular attendance, with the exception of a single incident in May 2009 when she received written discipline for failing to report to her shift. (Jean Aff., Dkt. [35-3] ¶ 4.) Defendants contend that beginning in September 2009, however, Plaintiff “repeatedly left work before her shift was over, called out2 on short notice, and requested numerous days off.” (Defs.’ SMF, Dkt. [35-12] ¶ 7.) Plaintiff does not dispute that due to her frequent and unscheduled absences, Defendants found it necessary, in the Fall of 2009, to train one of the caregivers at Cameron Hall to work in the kitchen in order to fill in for Plaintiff. (Id. ¶10.)

Defendants state that Plaintiff was absent forty-two (42) days from September 1, 2009 through May 19, 2010, excluding the days Plaintiff left work early. (Id. ¶ 9.) Specifically, Defendants contend that on January 24, 2010, three days after she returned from leave for her January surgery, Plaintiff had a call out. (Id. ¶ 11.) They further contend that Plaintiff was out on short notice between February 8 through 13, called out without notice on February 21, and was absent again on short notice between April 7 and 8. (Id. [1370]*1370¶ 13.) In addition to these absences, Defendants state that Plaintiff repeatedly left work early, resulting in complaints that Plaintiffs duties were not being completed. (Id. ¶ 14.) Plaintiff, along with her direct supervisor, Debbie Ledbetter, also received written discipline for violation of Defendants’ smoking policy on December 19, 2009. (Id. ¶ 15.)

On April 13, 2010, Plaintiff was suspended for two days, according to Defendants for “performance issues including [Plaintiffs] attendance problems, violation of the smoking policy, and her unprofessional interactions with coworkers.” (Id.

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897 F. Supp. 2d 1366, 27 Am. Disabilities Cas. (BNA) 97, 2012 WL 4326429, 2012 U.S. Dist. LEXIS 133095, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coker-v-enhanced-senior-living-inc-gand-2012.