Felix v. Wisconsin Department of Transportation

104 F. Supp. 3d 945, 24 Wage & Hour Cas.2d (BNA) 1069, 31 Am. Disabilities Cas. (BNA) 873, 2015 U.S. Dist. LEXIS 50902, 2015 WL 1756724
CourtDistrict Court, E.D. Wisconsin
DecidedApril 17, 2015
DocketCase No. 13-CV-1188
StatusPublished
Cited by3 cases

This text of 104 F. Supp. 3d 945 (Felix v. Wisconsin Department of Transportation) is published on Counsel Stack Legal Research, covering District Court, E.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Felix v. Wisconsin Department of Transportation, 104 F. Supp. 3d 945, 24 Wage & Hour Cas.2d (BNA) 1069, 31 Am. Disabilities Cas. (BNA) 873, 2015 U.S. Dist. LEXIS 50902, 2015 WL 1756724 (E.D. Wis. 2015).

Opinion

[948]*948DECISION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

WILLIAM C. GRIESBACH, Chief Judge.

Plaintiff Eileen M. Felix was fired from her job as a customer service agent and driving test, proctor at the Appleton office of the Division of Motor Vehicles (DMV) after she superficially cut her wrists at work and collapsed on the floor of the lobby, crying and screaming until an ambulance transported her to a local hospital. Felix claims she was fired because of her mental disabilities in violation of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794(a) and the self care provision of the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. § 2612(a)(1). Defendant Wisconsin Department of Transportation (DOT), has moved for summary judgment oh several grounds, including that Plaintiffs Rehabilitation Act claim fails because her behavior in the workplace was unacceptable regardless of whether it was precipitated by a disability,' and her FMLA claim fails because Congress did not validly abrogate the states’ sovereign immunity in the self care provision of the FMLA. For the reasons below, the defendant’s motion for summary judgment will be granted.

I. BACKGROUND

Eileen Felix was employed at the DOT’s Appleton, Wisconsin Division of Motor Vehicles office since 1998. Her most recent job title was DMV Field Agent Advanced, which is currently called Customer Service Representative Advanced. This job entails staff work behind the counter at the DMV processing applications for vehicles and driver’s licences, as well as administering road tests for new drivers applying for licenses. According to Felix’s supervisor at the DMV, Clifford Ehlert, Felix’s position requires conducting approximately twenty road tests per week,.which equates to being out of the office for between one and one-and-a-half business days • per week. (Ehlert Dec. ¶8, ECF No. 18.) Ehlert also stated that Felix “excelled at the advanced duties of conducting road tests.” (Id. ¶ 9.)1

As part of her regular duties, Felix collected fees for driver’s licenses, vehicle title registration, and other products. Felix generally met all of the DOT’s performance goals for her position except that related to financial accountability, meaning that her cash • register reflected money handling errors that were not acceptable according to the DOT’s financial performance standards. (See Def.’s Proposed Findings of Fact (DPFOF) ¶ 12, ECF No. 24.) Felix also began having an interpersonal conflict with a co-worker, nicknamed “Ace,” at the DMV around 2010 or 2011. (Id. ¶ 13.) Felix filed an incident report relating to an incident in which Felix claimed the Ace rammed her shoulder into Felix on November 17, 2011. The DOT investigated Felix’s claim but could not substantiate it..

In 2012, Felix expressed an interest in a transfer to the DOT’s Eau Claire, Wisconsin DMV. The DOT maintains Felix’s request was due to ongoing issues with Appleton personnel, while Felix maintains her request to transfer was for'medical [949]*949reasons. (DPFOF ¶ 39; PL’s Responses to Def.’s Proposed Findings of Fact (PL’s Resp. to DPFOF) ¶39, EOF No. 30.) Felix’s request was ultimately denied on the basis that there were no open positions in the Eau Claire office and that pursuant to the applicable collective bargaining agreement, an employee must pass a performance evaluation prior to receiving a transfer. (See DPFOF ¶40.) Felix’s difficulties with financial accuracy had resulted in her being placed on a six-month probationary period and DOT personnel management advised Felix in response to her request for a transfer that she would have to improve her financial accuracy before being considered for a transfer. (Id.) The result of Felix’s six-month probationary period from April through September 2012 was an overall unsatisfactory evaluation due to more financial accuracy issues. At the end of Felix’s first probationary period she was placed on a second probationary period of three months and, if her performance did not improve, she would b.e placed on a third probationary period and given one last chance to make improvements. .(Id. ¶¶32, 33, 56.)

Felix also experienced anxiety at work that resulted in several panic attacks and other difficulties. On June 19, 2012, she had a panic attack after a supervisor had informed Felix her drawer was short ten dollars and she was missing a check. (DPFOF ¶ 43.) On this occasion, Felix told her supervisor she was having trouble breathing, could not hold back tears, and that she was sick and needed to leave work. (PL’s Resp. to DPFOF ¶ 42.) Aside from this incident, Felix would generally take medication to manage her anxiety at work and she would also tell her supervisor she needed to go to the bathroom for 15 minutes, do some breathing exercises, and then come back to work and perform her job. (DPFOF ¶ 44.)

On November 5, 2012, Felix emailed Eh-lert and asked who she should contact about a “medical transfer.” Ehlert directed Felix to Maya Rudd, the DOT’S Affirmative Action/Equal Employment Opportunity and Diversity Program Officer, and Rebecca English, the DOT’S Medical Coordinator. Iri her deposition Felix described what she meant by her request for a medical transfer as follows: “When I write that, my medical transfer would be I would like my doctor to be able to — if he would be willing or she be willing to say that for health reasons that I needed to be transferred to a different office. Now, whether I could get that or not at the time, I wasn’t sure.” • (DPFOF ¶ 65.) Rudd replied to Felix by email on November 5 and explained the DOT’s reasonable job accommodations requirements and that a transfer due to medical reasons would only be considered if an alternate position is open and the candidate meets the qualifications. (Id. ¶ 67.)

Felix’s performance evaluation for October through December 2012 showed her performance had improved. But after receiving her performance evaluation for January through March 2013, which apparently was less positive, Felix telephoned DOT Human Resources Director Randy Sarver on April 17, 2013 to express concern that she would be dismissed due to poor performance. (Id. ¶ 80.) Felix telephoned Sarver again the following morning, April 18, 2013, about her performance evaluation.

Later on .the morning of April 18,' Felix was working at her station when Ace came into Felix’s work area. Ace was rummaging around some shelving where reference materials were kept. Ace bent over, and when she stood up, her long hair was full of. static electricity and stuck to Felix. When Ace walked away, Felix felt a panic [950]*950attack coming on. (Id. ¶84.) At approximately 10:50 a.m., Felix went to Ehlert’s office and told him she was having a panic attack and was going to the bathroom to calm down. Ehlert told Felix to take all the time she needed. (Id. ¶ 85.) A half hour later, Ehlert heard muffled screaming coming from the lobby. As he was getting up to see what was going on, a DMV employee came to his office and said Felix had fallen down. (Id. ¶ 86.)

Ehlert saw Felix lying on the floor behind work counter number 6. Felix was lying on her right side, clutching her cell phone and crying loudly while trying to speak.

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104 F. Supp. 3d 945, 24 Wage & Hour Cas.2d (BNA) 1069, 31 Am. Disabilities Cas. (BNA) 873, 2015 U.S. Dist. LEXIS 50902, 2015 WL 1756724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/felix-v-wisconsin-department-of-transportation-wied-2015.