Freadman v. Metropolitan Property & Casualty Insurance

484 F.3d 91, 19 Am. Disabilities Cas. (BNA) 257, 2007 U.S. App. LEXIS 8823, 2007 WL 1144800
CourtCourt of Appeals for the First Circuit
DecidedApril 18, 2007
Docket06-1486
StatusPublished
Cited by139 cases

This text of 484 F.3d 91 (Freadman v. Metropolitan Property & Casualty Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Freadman v. Metropolitan Property & Casualty Insurance, 484 F.3d 91, 19 Am. Disabilities Cas. (BNA) 257, 2007 U.S. App. LEXIS 8823, 2007 WL 1144800 (1st Cir. 2007).

Opinion

LYNCH, Circuit Judge.

Michele Freadman brought this action against her former employer, Metropolitan Property and Casualty Insurance Company (“Metropolitan”), alleging violations of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213, and Rhode Island state law. Freadman claimed that Metropolitan (1) discriminated against her on the basis of a protected disability, (2) failed to reasonably accommodate her disability, and (3) retaliated against her for attempting to obtain a reasonable accommodation.

The district court granted summary judgment to Metropolitan, holding that Freadman failed to establish a prima facie case on her claims. Freadman v. Metro. Prop. & Cas. Ins. Co., No. 01-628, 2006 WL 346455, at *2-4, 6-7 (D.R.I. Feb.14, 2006). Freadman now appeals the award of summary judgment.

We affirm summary judgment for Metropolitan on all of Freadman’s claims.

I.

We review the district court’s grant of summary judgment de novo, considering the facts and the reasonable inferences therefrom in the light most favorable to the nonmoving party. Guzmam-Rosario v. United Parcel Serv., Inc., 397 F.3d 6, 9 (1st Cir.2005).

Metropolitan hired Freadman in 1993 and promoted her to manager in 1995. In March 1999, Freadman became ill with ulcerative colitis, and from March 1999 to July 1999, she took medical leave for treatment of this condition. At the time, Freadman reported to Assistant Vice President Robert Smith.

During her convalescence, Smith visited Freadman and phoned her on several occasions. During these conversations, Fread-man and Smith discussed Freadmaris need for “reasonable hours, [fewer] last minute time driven assignments, work/life balance, being able to exercise, [and] having adequate staff.” Smith agreed to Freadmaris request for a better work/life balance and to make changes; indeed, he told Freadman that she worked too hard.

Freadman returned to work in July 1999. She was accommodated by being allowed to work part-time for the first several weeks, even though such part-time work was not normally available for managers.

Upon her return, Smith reassigned Freadman’s training, compliance, and performance enhancement duties to other employees in an attempt to reduce her workload, as she had requested. Smith also arranged for Freadman to take over a new project known as “Ease of Doing Business” (EDB), which was headed by Smith’s boss, Chris Cawley. Although Smith did *95 not request that she do so, Freadman began working long hours again, including nights and weekends. According to plaintiff, she needed to work such hours because of the high-pressure assignments she received. Smith in fact had previously told her on more than one occasion that “it would be okay [for her] to do a B job instead of an A job.” Freadman discounted that statement and did not discuss the matter with him further.

Within approximately six months after her return to work, Freadman received two salary increases in the amounts of $5,000 and $4,700, for a total salary of $80,000. She received these raises at the election of Smith, her supervisor. In February 2000, Smith gave Freadman a rating of “5,” the highest possible performance rating, in her review. This rating was higher than the rating Freadman had received before the onset of her illness. Freadman was also selected in 2000 to participate in a program for the development of high-performing, non-officer employees. Smith had nominated her for the program.

In March 2000, one of Freadman’s subordinates left Metropolitan. Freadman spoke to Smith about replacing this employee, noting that the subordinate was her “top performer.” Freadman explained that she was already working nights and weekends on EDB, and she expressed her belief that she would not be able to keep the project on track without impairing her health, unless she could replace the departed employee. Although there was a company-wide hiring freeze, Smith arranged for Freadman to hire a replacement. Freadman hired someone to fill the position, and that employee worked for Freadman through June 2000.

In May 2000, Metropolitan’s CEO, Catherine Rein, asked Freadman to give a high-profile presentation on EDB to the Officers’ Strategic Planning Group on June 9, 2000. Freadman was under the supervision of Cawley, Smith’s superior, for this project, and Cawley had authority to make changes in her presentation. In an e-mail dated May 31, 2000, Freadman asked Caw-ley for his views on the presentation.

Freadman’s ulcerative colitis became active again in June 2000. This led to an important conversation, the significance of which is at issue in this appeal. Freadman stated that on June 2, 2000, she advised Smith that she was working too hard, and that she “needed to take some time off because [she was] starting not to feel well.” Freadman also told Smith that “some of [her] symptoms may be returning.” According to Freadman, Smith responded by saying, “Just get through the presentation on June 9. Take your time off after. Keep it up. You’re doing great. Everything is going excellent.” 1

It is undisputed that Freadman was not any more explicit than the words quoted. She did not explicitly request a postponement of the June 9 presentation, which the CEO of the company had requested. She did not explicitly say that she wanted time off before the June 9 presentation. She did not explicitly state that her ulcerative colitis had returned and that she needed to be accommodated immediately.

Further, it is undisputed that when Smith expressed confidence in her and suggested she take time off after the presentation, she did not say to him that she *96 needed time off before the presentation. Nor did she raise the topic again with Smith or anyone else. Nor was there any physical manifestation obvious to others that Freadman should not have been working between June 2 and June 9.

After this litigation started, in an answer to an interrogatory, Freadman explained that she “believed that [she] could not take any time off as a result of this meeting with Mr. Smith” because she would be “viewed as a eomplainer and a liability.” She alleges that she feared punishment and retaliation. She did not, however, raise these concerns with anyone at the company at any time.

On June 7, 2000, Cawley stopped by Freadman’s cubicle to look at Freadman’s work on the June 9 presentation on EDB. Freadman does not allege that her illness impaired her ability to prepare for this meeting, or that it affected her ability to request an accommodation on June 7. During the June 7 meeting, Cawley was critical of the slides Freadman had prepared and told her to shorten the presentation. Cawley was concerned about making good use of the officers’ time and wanted to leave half an hour for the officers to talk about their products in light of the presentation. Freadman asked Cawley what she should remove from the presentation. Cawley responded that it was her job to decide which slides to cut. 2

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484 F.3d 91, 19 Am. Disabilities Cas. (BNA) 257, 2007 U.S. App. LEXIS 8823, 2007 WL 1144800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freadman-v-metropolitan-property-casualty-insurance-ca1-2007.