Gurley v. LaHood

855 F. Supp. 2d 846, 2012 WL 1117557, 2012 U.S. Dist. LEXIS 46498
CourtDistrict Court, N.D. Illinois
DecidedApril 3, 2012
DocketNo. 10 C 3304
StatusPublished

This text of 855 F. Supp. 2d 846 (Gurley v. LaHood) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gurley v. LaHood, 855 F. Supp. 2d 846, 2012 WL 1117557, 2012 U.S. Dist. LEXIS 46498 (N.D. Ill. 2012).

Opinion

MEMORANDUM OPINION AND ORDER

REBECCA R. PALLMEYER, District Judge.

Plaintiff John Gurley, a retired air-traffic control manager, brings suit against the secretary of the Department of Transportation, claiming discrimination in violation of the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq. Gurley’s relationship with his supervisors began to fray prior to his retirement due to his extended periods of sick leave [849]*849and management dissatisfaction with the medical documentation for those absences. Gurley retired in 2008 at the age of 61. In this lawsuit, he alleges that the Federal Aviation Administration (“FAA”), an agency of the Department of Transportation, discriminated against him on the basis of age when his supervisors required him to exhaust certain types of annual leave that were compensable upon retirement before charging any leave against his “credit hours” — a type of paid leave that is not compensable upon separation. The result was that Gurley, who was capable of working, was required to do so or to use leave hours for which he would otherwise be compensated at the time of his separation from employment. Gurley also alleges that the FAA engaged in age discrimination when it issued a letter reprimanding him for failing to provide adequate medical documentation for his sick leave, and again when it issued a proposed notice of termination (later withdrawn) for the same failure. Defendant moves for summary judgment. For the reasons stated below, the court concludes that Gurley has not suffered adverse action within the meaning of the age discrimination law and has not shown that age was the reason for any of the action he challenges here. Defendant’s motion is granted.

FACTUAL BACKGROUND

Gurley, born October 17, 1945, worked for the FAA for nearly forty years — from 1970 until his retirement in 2008. (Def.’s Rule 56.1 Statement of Uncontested Facts (hereinafter “Def.’s 56.1”), ¶¶ 1-2.) At the time of his retirement, Gurley’s title was “First Line Manager” for the Chicago Air Route Traffic Control Center (“Chicago ARTCC”). (Id. ¶ 3.) For safety reasons, the FAA requires certain medical qualifications of employees in Gurley’s position. (Id. ¶4.) In August 2006, Gurley twice visited a doctor complaining of lightheadedness and dizziness, and his doctors later diagnosed him with persistent vertigo. (Id. ¶ 5; Gurley Deck, Attach, to Resp. to Def.’s Local Rule 56.1 Statement of Uncontested Facts, ¶ 11.) His condition prompted the FAA’s flight surgeon to “decertify” Gurley on August 28, 2006, pending a comprehensive report from Gurley’s physician. (Def.’s 56.1 ¶ 6.) From his August 28, 2006 decertification until his retirement in January 2008, Gurley took various extended periods of sick leave. (Id. ¶ 7.)

The FAA Human Resources Policy Manual (“HRPM”) describes the documentation that an official may request from an employee seeking sick leave approval. Typically, no documentation is required for absences of three days or less. (HRPM, Chapter on Sick Leave for Personal Medical Needs, Ex. F to Def.’s 56.1, ¶ 8.) An employee absent for more than three days “must furnish a medical certificate,” unless the employee did not consult a physician, in which case the approving official may accept a written statement from the employee explaining his or her illness. (Id.) In any circumstance in which there is doubt concerning the employee’s need for sick leave, the approving official may ask the employee to supply “a medical certificate ... and/or daily information about his/her health condition.” (Id.) Failure to do so “may result in charge to absence without leave (AWOL).” (Id.) When an employee requests leave for a “serious health condition,” the approving official must request medical certification from a health care provider detailing (1) the date the condition began; (2) diagnosis and prognosis; (3) whether the employee is incapacitated, and the likely duration of the incapacity; (4) a general statement as to the condition, the examination, and the treatment; (5) a statement that the employee is unable to perform at least one essential job function; and (6) the circumstances surrounding any treatment plan [850]*850that will result in the employee’s need for intermittent or reduced-time leave. (HRPM ¶ 9.)

Sick leave is just one of the categories of leave that air traffic employees accrue; as explained below, the distinction between these categories of leave is at the center of Gurley’s age discrimination claim. Sick leave, redeemable as described above, rolls over from year to year, but any unused sick leave is forfeited upon separation from employment. (Dunphy Decl., Ex. E to Def.’s 56.1, ¶ 8.) Annual leave also carries over from one year to the next, but the employee is compensated for any unused annual leave upon separation; Gurley himself received a pre-deduction lump sum of $36,064 for 448 hours of annual leave when he retired in 2008. (Id. ¶ 9.) At that time, he also received a lump sum, totaling $88,608.61, for the payout of his restored annual leave — leave hours that were “restored” to Gurley in the wake of the 1981 air trafficker controllers’ strike and could be redeemed at any time through 2012. (Id. ¶ 10; Gurley Decl. ¶¶ 32, 33.) The final category of leave hours relevant here — “credit hours” — are a “special form” of compensation employees earn when they work more than an eight-hour shift. Employees may take paid leave for the credit hours they have accrued, but any unused credit hours are forfeited upon separation. (Dunphy Decl. ¶ 7; Gurley’s Supplemental Statement of Complainant, Department of Transportation Complaint 2007-21304-FAA-04 (hereinafter “Gurley’s DOT Complaint Statement”), Ex. B to Def.’s 56.1, at 2-3.) Gurley retired with a balance of 345.75 credit hours. (Dunphy Decl. ¶ 7.)

Over the course of the extended absences that began in August 2006, the FAA sent Gurley a number of letters requesting detailed medical certification of his condition. Flight Surgeon Dr. Marvin Jackson sent the first of these letters on August 28, 2006 (Letter from Jackson to Gurley of 8/28/2006, Ex. G to Def.’s 56.1), but Gurley states that he never received it. (Gurley Decl. ¶ 1.) Gurley did, however, receive the letter Chicago ARTCC Operations Manager Anthony Milligan sent him on October 16, 2006, explaining that the initial physician’s notes that Gurley had provided were incomplete and requesting more specific information, pursuant to the HRPM provisions concerning serious medical conditions. (Letter from Milligan to Gurley of 10/16/2006, Ex. G to Def.’s 56.1.) Milligan attached a copy of Department of Labor Form WH-380, a Certification of Healthcare Provider form, and asked that Gurley return it, or a written statement containing the required information, within fifteen days. (Id.) Gurley’s physician at the time, Dr. Ronald Bosh, responded in a letter dated November 21, 2006, providing a completed WH-380 form. (Completed Form WH380, Ex. 2 to Gurley Decl; Letter from Bosh to Jackson of 11/21/2006, Ex. 3 to Gurley Decl.) Dr. Bosh explained that Gurley had been diagnosed with “persistent vertigo” but that the cause was still undetermined and the prognosis was unclear. (Letter from Bosh to Jackson of 11/21/2006.) Gurley had undergone a magnetic resonance imaging test (“MRI”), added Dr. Bosh, but was still waiting for further analysis from a neurologist. (Id.)

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gross v. FBL Financial Services, Inc.
557 U.S. 167 (Supreme Court, 2009)
Naik v. Boehringer Ingelheim Pharmaceuticals, Inc.
627 F.3d 596 (Seventh Circuit, 2010)
Van Antwerp v. City of Peoria, Ill.
627 F.3d 295 (Seventh Circuit, 2010)
Barton v. Zimmer, Inc.
662 F.3d 448 (Seventh Circuit, 2011)
MacH v. Will County Sheriff
580 F.3d 495 (Seventh Circuit, 2009)
Andonissamy v. Hewlett-Packard Co.
547 F.3d 841 (Seventh Circuit, 2008)
Lloyd v. Swifty Transportation, Inc.
552 F.3d 594 (Seventh Circuit, 2009)
Miller v. American Airlines, Inc.
525 F.3d 520 (Seventh Circuit, 2008)
Barbara Thomas-Bagrowski v. Ray LaHood
361 F. App'x 694 (Seventh Circuit, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
855 F. Supp. 2d 846, 2012 WL 1117557, 2012 U.S. Dist. LEXIS 46498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gurley-v-lahood-ilnd-2012.