Garner v. School District

63 F. Supp. 3d 483, 2014 U.S. Dist. LEXIS 151325, 2014 WL 5410070
CourtDistrict Court, E.D. Pennsylvania
DecidedOctober 24, 2014
DocketCivil Action No. 13-2756
StatusPublished
Cited by24 cases

This text of 63 F. Supp. 3d 483 (Garner v. 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
Garner v. School District, 63 F. Supp. 3d 483, 2014 U.S. Dist. LEXIS 151325, 2014 WL 5410070 (E.D. Pa. 2014).

Opinion

MEMORANDUM

ROBERT F. KELLY, Senior District Judge.

Presently before the Court is Defendant, the School District of Philadelphia’s (the “School District”), Motion for Summary Judgment against Plaintiff, Robert A. Garner (“Garner”), Garner’s Response, and the School District’s Reply thereto. For the reasons stated below, the Motion is granted.

I. BACKGROUND

Garner has been employed by the School District since 1990. Compl. ¶ 12. Garner asserts that he started working for the School District as a Security Officer in or around 1990, and became a School Police Officer1 in or around 2000 or 2001. Id. Garner states that about four years later, he was promoted to Sergeant, and was then assigned to an “Acting Lieutenant” position for three years. (PL’s Resp. at 7-8.) He was later reassigned back to Sergeant. (Id.) In November 2010, Garner suffered a work-related injury and began a [487]*487workers’ compensation leave of absence. (Def.’s Mot. Summ. J., Garner Dep. at 36 (“Garner Dep.”).) He was cleared to return to work by no later than May 3, 2011. (Id., Ex. D-26.) Garner did not return to work at that time but, instead, notified the School District that he needed a medical leave of absence for a serious medical condition that rendered him unable to do his. job.2 (Id., Ex. D-27.) Since that time up until the present, Garner has not worked because of medical problems he alleges prevent him from performing his job. See Compl.

Garner filed a Complaint in this action on May 20, 2013. He asserts that he is a' disabled person as defined by the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq.,3 and the Pennsylvania Human Relations Act (“PHRA”), 43 P.S. § 951 et seq.,4 and is “capable of performing the essential functions of his position with reasonable accommodation” from the School District. Id. ¶ 15. He states that he suffers from “follicular lymphoma with GI symptoms; bloating, severe physical abdominal pains, inability to stand for a long period of time and constant bowel movements.” Id. ¶ 13. Garner contends that the School District:

[flailed to provide Plaintiff with reasonable accommodation for his disability, failed to engage Plaintiff in a good faith interactive process as required under the statutes in order to address Plaintiffs needs for accommodation, but subjected Plaintiff to denial of the use of his ' earned sick leave benefits, denial of continuation of wage benefits, because of his disability, and when Plaintiff continued [488]*488to seek protection under the ADA and PHRA because of his disabilities and complained about Defendant [sic] failure to grant him reasonable accommodation as provided under these federal and state statutes, Defendant retaliated against Plaintiff by subjecting him to unwarranted discipline, subjected him to unpaid leave of absence and then terminating his employment because he continued to assert his rights for reasonable accommodation under these statutes because of his disability.

Id. ¶ 16.

The School Board filed the Instant Motion for Summary judgment on June 13, 2014. Garner filed a Response, and the School Board filed a Reply thereto.

II. STANDARD OF REVIEW

Federal Rule of Civil Procedure 56(c) states that summary judgment is proper “if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.” See Hines v. Consol. Rail Corp., 926 F.2d 262, 267 (3d Cir.1991). The Court asks “whether the evidence presents a sufficient disagreement to require submission to the jury or whether ... one party must prevail as a matter of law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The moving party has the initial burden of informing the court of the basis for the motion and identifying those portions of the record that demonstrate the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). “A fact is material if it could affect the outcome of the suit after applying the substantive law. Further, a dispute over a material fact must be ‘genuine,’ i.e., the evidence must be such ‘that a reasonable jury could return a verdict in favor of the non-moving party.’ ” Compton v. Nat’l League of Prof'l Baseball Clubs, 995 F.Supp. 554, 561 n. 14 (E.D.Pa.1998).

Summary judgment must be granted “against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” . Celotex, All U.S. at 322, 106 S.Ct. 2548. Once the moving party has produced evidence in support of summary judgment, the non-moving party must go beyond the allegations set forth in its pleadings and counter with evidence that presents “specific facts showing that there is a genuine issue for trial.” Fed.R.Civ.P. 56(e); see Big Apple BMW, Inc. v. BMW of N. Am. Inc., 974 F.2d 1358, 1362-63 (3d Cir.1992). “More than a mere scintilla of evidence in its favor” must be presented by the non-moving party in order to overcome a summary judgment motion. Tziatzios v. United States, 164 F.R.D. 410, 411-12 (E.D.Pa.1996). If the court determines that there are no genuine issues of material fact, then summary judgment will be granted. Celotex, 477 U.S. at 322, 106 S.Ct. 2548.

III. DISCUSSION

A. The ADA

The ADA prohibits employers from discriminating “against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.” 42 U.S.C. § 12112(a); see also Gaul v. Lucent Techs. Inc., 134 F.3d 576, 579 (3d Cir.1998). A “qualified individual” with a disability5 is a person who, [489]*489“with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.” 42 U.S.C. § 12111(8).

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63 F. Supp. 3d 483, 2014 U.S. Dist. LEXIS 151325, 2014 WL 5410070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garner-v-school-district-paed-2014.