Fiorentini v. William Penn School District

150 F. Supp. 3d 559, 2016 Wage & Hour Cas.2d (BNA) 37, 2016 WL 558687, 2016 U.S. Dist. LEXIS 16040
CourtDistrict Court, E.D. Pennsylvania
DecidedFebruary 9, 2016
DocketCIVIL ACTION No. 13-3689
StatusPublished
Cited by9 cases

This text of 150 F. Supp. 3d 559 (Fiorentini v. William Penn School District) 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
Fiorentini v. William Penn School District, 150 F. Supp. 3d 559, 2016 Wage & Hour Cas.2d (BNA) 37, 2016 WL 558687, 2016 U.S. Dist. LEXIS 16040 (E.D. Pa. 2016).

Opinion

MEMORANDUM AND ORDER

Ditter, District Judge.

This is an employment discrimination case brought by Mona Fiorentini against the William Penn School District (“District”). Fiorentini alleges that she was subjected to age and disability discrimination that led to the termination of her employment and that the District interfered with her right to medical leave. Fiorentini brings claims of discrimination under the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §§ 621, et seq.; the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12101, et seq.; the Family Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601, et seq.; and the Pennsylvania Human Relations Act (“PHRA”), 43 P.S.§§ 955(a) and (e). Presently before me is the District’s motion for summary judgment which I will grant.

I. FACTUAL BACKGROUND1

In 2001, Fiorentini was hired by the District as a Literacy Coach and Certified Reading Specialist at Park Lane Elementary School to work with children in kin[563]*563dergarten through sixth grade. Am. Compl. at 4, Pl.’s Dep. at 46, In. 1-13; 223, In. 11-24.- Fiorentini was certified as a Reading Specialist, but did not possess a Pennsylvania Elementary Teaching Certificate. PL’s Dep. at 41, In. l-5i Dujuana Ambrose was the principal of Park Lane Elementary School from 2006-2010 and Fiorentini’s supervisor for the relevant time period. PL’s Dep. at 55, In. 15.

On September 14, 2009, Fiorentini informed Principal Ambrose that she had to arrange for a biopsy to test for breast cancer. PL’s Dep. at 63, In. 19-25, 66. Fiorentini. alleges that from that point on, she was treated as a “leper.” PL’s'Dep. at 67, In. 5-8. She alleges that, inter alia, she was “segregated” in her employment, whs no longer invited to participate in meetings, excluded from communications, kept off planning committees and denied an opportunity to attend a professional development conference. Am. Compl. at 5-6. Prior to that time, Fiorentini did not have any problems with Principal Ambrose or the District.2 PL’s Dep. at 50, In. 1-4; 51, In. 6-15.

Three (3) days after Fiorentini told Principal Ambrose that she had been diagnosed with breast cancer, Ambrose verbally “demoted” her from a full-time literacy coach to a combination literacy coacb/reading specialist. PL’s Dep. at 78, 79, in. 10-20. In doing so, Fiorentini was assigned to working only with third through sixth grade students rather than all students in first through sixth grades. PL’s Dep. at 223. Fiorentini felt, that this was a “demotion” because the position of reading specialist required less qualifications and because she had fewer students for instruction. PL’s Dep. at 78, In. 15-22; 85, In. 7-20. Fiorentini’s job title was not changed on her personnel record, nor was her salary impacted. PL’s Dep. at 80-81, 94. Principal Ambrose testified that the reassignment of work was done in preparation for the “PSSA,” standardized tests which were scheduled to take place for the third through sixth grades. Ambrose Dep. at 106-110. Principal Ambrose assigned another employee, Rosemary Man-nis, a fellow teacher approximately ten (10) years younger, to work with the non-testing grades, kindergarten through second grade. PL’s Dep. at 223. Fiorentini states that when she asked Principal Am-brose why her job duties had changed, she was told that it was due to Fiorenti-ni’s health. PL’s Dep. at 96. During that time, Principal Ambrose testified that she had the authority to change the duties oí-an individual’s position, but not the job title. Ambrose Dep, at 12, In. 16-25; 13, In. 1-12; 42, In. 14.

Fiorentini’s treatment for her breast cancer required surgery and subsequent home healthcare. Ori February 22, 2010, the District approved Fiorentini’s request for a Family and Medical Leave of Absence, effective March 22, 2010, through April 21, 2010, and an unpaid Family and Medical Leave of Absence effective April 21, 2Ó1Ó, through May 17, 2010. On April 26, 2010, the District approved Fiorentini’s request for an unpaid medical leave of absence effective May 18, 2010, through June 18, 2010. The District permitted the teacher’s union to seek sick bank days from other teachers to donate to Fiorentini to use when she went on unpaid leave. Effective May 1, 2010, through April 30, 2011, the District approved Fiorentini’s request to go on medical sabbatical.

[564]*564Denise Van Roy is the president of the Teachers Association '(“Union”) of which Fiorentini was a member. Van Roy has held that position for twenty-one (21) years. Her job is to represent the interests of the teachers. In the spring of 2009,' Van Roy testified that she-had discussed the possibility with Fiorentini that reorganization could cause her to lose her job because she was only certified as a Reading Specialist' and lacked classroom experience. Van Roy Dep. at 45-46, at 82-83; Def.’s Ex. 15, Dec. 9, 2010 email. Moreover, the union 'held meetings with its members regarding the,possibility of layoffs and furloughs in the district due to funding issues. Van Roy Dep. at 39-40. Fiorentini acknowledges that she was aware that her position “could” have been eliminated due to reorganization before it happened. Pl.’s Dep. at 130.

In June 2010, all reading specialists and literacy coach employment positions were scheduled for elimination. Pehlman Dep. at 48-49; Van Roy Dep. at 35-36. Denise Van Roy and Betty Pehlman worked .to place employees who were effected by funding cuts in the District. Pl.’s Dep. at 132. A position for an Instructional Specialist K-6 was created for existing employees.3 Def.'s Ex. 8. The Instructional Specialist K-6 job posting was issued j on May 4, 2010, and had an application deadline of May 11, 2010. Def.’s Ex. 8; Pl.’s Dep. at 130, In. 21. Fiorentini never applied for, nor was she considered, for that position. Pl.’s Dep. at 130-131; Pehlman Dep. at 70, In. 12-15. Fiorentini testified that she did not apply because she was told by Betty Pehlman and Denise Van Roy that she was not qualified for the job.4 Pl.’s Dep. at 131. The District, ultimately hired eight (8) individuals for the..Instructional Specialist positions, all of whom had Pennsylvania Elementary Teaching Certificates.5 Def.’s Ex. 16, Ex. 26. Successful candidates ranged in age from 38 to 66 years’ old. Def.’s Ex. 26.

On November 9, 2010, while on “medical sabbatical” leave, Fiorentini received a letter stating that her employment was being suspended when she returned from leave on April 30, 2011. Def.’s Ex. 9; Pl.’s Dep. at 148. The letter stated that Fiorentini did not qualify for an “instructional coach position” due to the fact that “there are no positions in the district that require only a reading certification” and because she did not have “the classroom teaching experience required.” Def.’s Ex. 9.' On November 22, 2010, Fiorentini submitted a note that she had worked for the Archdiocese of Philadelphia for a' year. Def.’s Ex. 27. Ms. Pehlman informed Fiorentini that her work experience in the Archdiocese did not count because it was not, done under a Pennsylvania Elementary Teaching Certificate. Pl.’s Dep. at 153.

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Bluebook (online)
150 F. Supp. 3d 559, 2016 Wage & Hour Cas.2d (BNA) 37, 2016 WL 558687, 2016 U.S. Dist. LEXIS 16040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fiorentini-v-william-penn-school-district-paed-2016.