Hunt-Watts v. Nassau Health Care Corp.

43 F. Supp. 3d 119, 2014 U.S. Dist. LEXIS 116728, 2014 WL 4185149
CourtDistrict Court, E.D. New York
DecidedAugust 21, 2014
DocketNo. 12-CV-1815 (PKC)
StatusPublished
Cited by16 cases

This text of 43 F. Supp. 3d 119 (Hunt-Watts v. Nassau Health Care Corp.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hunt-Watts v. Nassau Health Care Corp., 43 F. Supp. 3d 119, 2014 U.S. Dist. LEXIS 116728, 2014 WL 4185149 (E.D.N.Y. 2014).

Opinion

MEMORANDUM & ORDER

PAMELA K. CHEN, District Judge.

Before the Court is the motion of Defendant Nassau Health Care Corporation (“NHCC” or “Defendant”) for summary judgment pursuant to Federal Rule of Civil Procedure (“FRCP”) 56. Plaintiff’s complaint, which was filed pro se1, asserts causes of action for: (1) disability discrimination and failure to accommodate a disability in violation of the Americans with Disabilities Act of 1990 (“ADA”); (2) age discrimination in violation of the Age Discrimination in Employment Act of 1967 (“ADEA”); and (3) race and gender discrimination in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”). Defendant moves for summary judgment as to all of Plaintiffs claims. (Dkt. 33.)

For the reasons stated below, Defendant’s motion is granted, and judgment is [122]*122entered in Defendant’s favor on all of Plaintiffs claims.

BACKGROUND

Defendant is a “New York State public benefit corporation,” whose mission is to provide medical and healthcare services to the public. (Dkt. 32 (“Def. St.”) ¶ 1.) As such, Defendant is subject to the New York State Civil Service Law (“CSL”), which imposes rules on public employers. (Def. St. ¶ 1.) Plaintiff, a licensed podiatrist formerly employed by Defendant, is an African-American female who was approximately 51 years old at the time this lawsuit was commenced. (Dkt. 1 at 3.)

1. Plaintiff’s Employment and Accident

The circumstances of this case are unfortunate. (Def. St. ¶ 2.) Plaintiff is a licensed podiatrist who began employment with Defendant in September 2006 as a Civil Service Podiatrist. (Def. St. ¶ 2.) The terms of Plaintiffs employment and the requirements of the podiatrist position are set forth in a written job description promulgated by the Nassau County Civil Service Commission. (Def. St. ¶ 3.) According to the job description, among the required duties of a podiatrist are: “operating] on the bones, muscles, or tendons of the feet for the correction of minor deficiencies and deformities of a mechanical or functional nature,” “operating] ... for diseases, injury, deformity or other conditions of the foot,” and “[tjreatfing] simple and uncomplicated fractures of the bones of the feet.” (Def. St. ¶ 4.) These duties are classified in the job description as “ADA ESSENTIAL FUNCTIONS.”2 (Dkt. 31-6 at 1.)

In approximately July 2007, Plaintiff was involved in a severe automobile accident, and sustained significant injuries to her face and body. (Dkt. 39-2 ¶¶ 10-20.) Plaintiff recovered from her injuries and returned to work approximately two-to-three weeks following the accident. (Dkt. 39-2 ¶ 12.) However, some months after her return, in December 2007, Plaintiff began experiencing numbness in her extremities. (Dkt. 39-2 ¶¶ 14-15.) As a result of continued numbness and weakness in her extremities, in March 2008, Plaintiff underwent exploratory surgery and a biopsy of her spinal cord to determine the source of the symptoms. (Dkt. 39-2 ¶¶ 15; Def. St. ¶ 10.) Plaintiff spent approximately one month in the hospital recovering from the procedure and approximately one year rehabilitating. (Dkt. 39-2 ¶ 17; Def. St. ¶ 11.) During this time, Plaintiff had severe difficulties using her arms and walking. (Def. St. ¶ 10.) Plaintiff was unable to work during this time period and did not return to work at NHCC.

II. Plaintiff’s Attempt to Return to Work

The CSL provides that, where a civil service employee is unable to return to work to perform the essential functions of the position within one year of an initial absence due to a nonoccupational disability, her employment may be terminated. (Def. St. ¶ 12; CSL § 73.) Pursuant to the CSL, on March 9, 2009, more than a year after the start of Plaintiffs leave from [123]*123work, Defendant informed Plaintiff that it intended to terminate her employment unless she was able to return to work in a timely manner. (Def.. St. ¶ 12.) In response, Plaintiff contacted Defendant to discuss her return. Plaintiff met with Dr. Glenn Faust, the chairman of Defendant’s Department of Surgery, who previously supervised Plaintiff, and Maureen Roarty, Defendant’s Executive Vice President of Human Resources. (Def. St. ¶¶ 5,13.)

During the meeting both Dr. Faust and Ms. Roarty observed that Plaintiff had substantial difficulty using her hands, and Plaintiff stated she was unsure whether she could perform medical procedures. (Def. ¶¶ 14-16.) Faust and Roarty stated their concerns regarding Plaintiffs ability to perform the duties of the podiatrist position, and Roarty informed Plaintiff that, before she could resume her employment, she would have to undergo medical evaluations to determine whether she was fit to return to work and perform the essential functions of the position. (Def. St. ¶ 17.) Plaintiff underwent the required diagnostics and provided the results to Defendant. (Def. St. ¶ 18-20.)

The results of the evaluations were not positive. Plaintiffs rehabilitation expert, Dr. Jung Ahn, found that Plaintiffs “upper extremities revealed a lack of joint position sense and vibratory sense in both hands, and she [was] unable to recognize an object placed in the hand without looking.” (Def. St. ¶ 18.) As a result, Dr. Ahn concluded that Plaintiff “may return to work in non-surgical podiatry” and only was “able to provide consultative services without performing surgery at the present time.”3 (Def. St. ¶ 18.)

Plaintiff also saw a neurologist, Dr. Im-ran Wahedna, on April 1, 2009. (Def. St. ¶ 19.) Dr. Wahedna concluded that Plaintiff “ha[d] decreased use of [her] hands.” (Def. St. ¶ 19.) Dr. Wahedna stated that she is “cleared to work, but not in the operating room.” (Def. St. ¶ 19; Dkt. 31-11 at 2.)

As a result of the evaluations, Dr. Faust and Ms. Roarty determined that Plaintiff was unable to perform the essential functions of her position with or without a reasonable accommodation (Def. St. ¶ 20), and concluded that Plaintiff must be terminated. (Def. St. ¶¶ 20, 24.)

Upon notice to Plaintiff that Defendant intended to terminate her, Plaintiff requested a pre-termination hearing to determine whether she was able to perform the essential functions of the position. (Def. St. ¶ 21.) Plaintiff was informed that she had the right under the CSL to present medical evidence in support of her ability to perform her job functions. (Def. St. ¶ 21.) Plaintiff appeared at the pre-termination hearing on June 2, 2009. (Def. St. ¶ 22.) Plaintiff did not present additional medical evidence at the hearing. (Def. St. ¶ 23.)4

Plaintiffs employment was terminated on June 16, 2009. (Def. St. ¶24.) Although Plaintiff was terminated, she was informed that she could apply for reappointment to her position within one year of the cessation of her disability. (Def. St. [124]*124¶ 24.) If Plaintiff could demonstrate her ability to perform the essential functions of a podiatrist, she would be reinstated or placed on a waiting list for the same or another position. (Def. St. ¶ 24.) Plaintiff has not reapplied for employment or submitted additional evidence regarding her fitness for employment. (Def. St. ¶ 25.)

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Bluebook (online)
43 F. Supp. 3d 119, 2014 U.S. Dist. LEXIS 116728, 2014 WL 4185149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunt-watts-v-nassau-health-care-corp-nyed-2014.