Kassa v. Synovus Bank

382 F. Supp. 3d 1335
CourtDistrict Court, M.D. Georgia
DecidedJanuary 3, 2019
DocketCASE NO. 4:18-cv-2 (CDL)
StatusPublished

This text of 382 F. Supp. 3d 1335 (Kassa v. Synovus Bank) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kassa v. Synovus Bank, 382 F. Supp. 3d 1335 (M.D. Ga. 2019).

Opinion

CLAY D. LAND, CHIEF U.S. DISTRICT COURT JUDGE

Tony Kassa was terminated from his job at Synovus Bank after he told a female bank teller that he hates working with women. Kassa claims that he had a disability that Synovus refused to accommodate and that he made the statement when his disability flared up. Kassa brought discrimination claims under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101, et seq.1 Synovus seeks summary judgment on all of Kassa's claims. As discussed below, the Court grants Synovus's summary judgment motion (ECF No. 14).

SUMMARY JUDGMENT STANDARD

Summary judgment may be granted only "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). In determining whether a genuine dispute of material fact exists to defeat a motion for summary judgment, the evidence is viewed in the light most favorable to the party opposing summary judgment, drawing all justifiable inferences in the opposing party's favor. Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A fact is material if it is relevant or necessary to the outcome of the suit. Id. at 248, 106 S.Ct. 2505. A factual dispute is genuine if the evidence would allow a reasonable jury to return a verdict for the nonmoving party. Id.

FACTUAL BACKGROUND

Viewed in the light most favorable to Kassa, the present record reveals the following facts.

Kassa began working for Synovus in 2015. Before he joined Synovus, Kassa served in the U.S. Army for more than a decade; worked in various information technology roles for employers in Columbus, Georgia; received a Bachelor of Arts in communication information systems maintenance; worked in the economic development department at Columbus Technical *1337College; and was a Cisco/Network Instructor at Virginia College.

Over the years, Kassa has received treatment for depression, anxiety, intermittent explosive disorder, bipolar disorder, alcohol addiction, paranoid personality disorder, and impulse control disorder. In 2013, Kassa's psychiatrist, Kashmira Parekh, wrote a "To Whom it May Concern" letter explaining that Kassa was under Parekh's care for "Intermittent Explosive Disorder, Paranoid Personality Disorder, and Alcohol Abuse." Def.'s Mot. for Summ. J. Ex. F, Parekh Letter (Oct. 23, 2013), ECF No. 14-8. The same year, Kassa's primary care physician, Jatin Pithadia, wrote a "To Whom it May Concern" letter explaining that Kassa was under Pithadia's care for "Alcohol related illnesses, Depression, Anger issues, and Bipolar issues." Def.'s Mot. for Summ. J. Ex. G, Pithadia Letter (Nov. 11, 2013), ECF No. 14-9.

Synovus hired Kassa as a Network Support Analyst, Lead in November 2015. His job was to manage the Network Operations Center, and his team monitored Synovus's websites, automated teller machines ("ATMs"), server performance, and transaction servers to make sure they worked properly. If there was a problem, the Network Operations team determined its root cause and contacted the appropriate people to fix the problem.

When Kassa began working at Synovus, he worked the night shift Friday through Monday, and his supervisor was Diana Young. During his training, Kassa told Young "that he had issues ... sometimes he would get angry or upset;" Young believed Kassa had post traumatic stress disorder. Young Dep. 39:7-10, 43:5-6, ECF No. 36-10. Kassa asked Young if it would be a problem "if he needed to get up and ... take a break" when that happened. Id. at 39:12-13. Young told Kassa that there was no problem with him getting up to walk around as long as his area was covered, people knew where he was, and he could be reached if needed. Id. at 39:12-20, 42:16-24. According to Young, this arrangement worked. Kassa also told his coworkers that "they had nothing to worry about because [he] wasn't violent and [he] just speak[s] the truth." Kassa Dep. 109:9-12, ECF No. 22. And, Kassa stated that his disorders were under control when he took his medicine and took a short break. Id. at 108:17-19, 109:7-9.

In 2016, Synovus decided to outsource the Network Operations Center functions to an Indian company called Happiest Minds. The transition began in July 2016. Many of Kassa's coworkers were laid off as part of the transition, but Kassa's supervisors wanted to keep him because he was a hard worker, very knowledgeable, and very smart. Kassa's supervisors wanted a network engineer expert like Kassa to support the ATM team, which handled customer service calls for issues with Synovus ATMs. So, Kassa was moved to the ATM team day shift, although he remained in the Network Operations Center until the transition to Happiest Minds was complete in February 2017 and officially transitioned to the ATM team February 27, 2017. The new position involved answering customer service calls, and Kassa told Young that he was concerned about having to answer the phones on the day shift. Young believed that the position was not a good fit for Kassa, but it "was like the last resort of choices [Young and senior director Antonio Sampson] had for ... Kassa." Young Dep. 48:6-21. Kassa also expressed his concerns to his senior director, Antonio Sampson, and to human resources manager Charles Burks. He told them that the ATM team was "not a good place for [him] to go" because he was "going to end up losing [his] temper talking to somebody on the phone." Kassa Dep. 168:17-19. It was Sampson's intention for Kassa to be a technical resource who would assist ATM technicians in resolving technical issues, *1338not directly answering telephone calls. Sampson Dep. 33:14-34:17, ECF No. 18. But Sampson was reassigned during the transition, and he was no longer responsible for Kassa's department.

In August 2016, Kassa updated his team member profile to state that he is disabled; the profile does not contain any specific information regarding his disability. Wes Mason became Kassa's supervisor in October 2016.2 Kassa told Mason, "I have a condition that sometimes I can't control what I say. Moving me to the phones is not going to be a good idea and I'm probably going to get fired[.]"3

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Bluebook (online)
382 F. Supp. 3d 1335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kassa-v-synovus-bank-gamd-2019.