Matos v. Devos

317 F. Supp. 3d 489
CourtCourt of Appeals for the D.C. Circuit
DecidedAugust 13, 2018
DocketCase No. 16-cv-2069 (CRC)
StatusPublished
Cited by21 cases

This text of 317 F. Supp. 3d 489 (Matos v. Devos) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matos v. Devos, 317 F. Supp. 3d 489 (D.C. Cir. 2018).

Opinion

CHRISTOPHER R. COOPER, United States District Judge

Anamaria Matos suffers from a sensitivity to fragrances which made it difficult for her to come into the office without feeling ill. Unfortunately for Matos, her job as an IT manager at the U.S. Department of Education required at least some physical presence in the office. The Department tried to find Matos an equal-paying position that would allow her to work from home and, when that effort failed, provided her a specialized filter and mask that she indicated would alleviate her symptoms. Nonetheless, Matos sued the Department, alleging that it failed to accommodate her condition and created a hostile work environment based on her disability status. The Department has moved for summary judgment. Because Matos has presented insufficient evidence to support her claims, the Court will grant the motion.

I. Factual Background

Plaintiff Anamaria Matos began working for the Department of Education as a Federal Student Aid IT Security Compliance Manager in 2010. Def.'s Mot. Dismiss & Summ. J. ("Def.'s MSJ") Ex. 1 ("Matos Dep."), at 8:4-9, 8:24-9:3. At the start of her tenure, Matos had a "4-10" schedule, meaning she worked four days a week for ten hours a day. Id. 11:6-8, 12:24-13:1. Her schedule was eventually changed in November 2013-after Dr. Linda Wilbanks became Matos's supervisor-to a traditional five-day weekly schedule because Matos needed to attend meetings on Fridays that she had been missing. Id. 15:7-11, 16:5-9.

In early 2011, Matos began experiencing symptoms of multiple chemical sensitivity, a condition marked by headaches, nausea, and dizziness brought on by exposure to perfumes and other fragrances. Id. 9:11-24, 10:20-11:2. She informed her supervisor and, upon her request, was transferred from a cubical to a private office with a door. Id. 12:5-20. She requested no other accommodations at that time. Id. at 12:21-23. Following construction work on her office building in January and February 2014-during which Matos and the other employees teleworked, id. 18:9-13-Matos's condition worsened. Id. 18:20-19:16. She reported feeling lightheaded and nauseous *493and experienced headaches whenever she came into the office. See Pl.'s Opp'n Def.'s MSJ ("Pl.'s Opp'n") Ex. 5 (emails from Matos describing her symptoms).

On March 26, 2014, Matos submitted a formal request for an accommodation related to her condition. Def.'s MSJ Ex. 9 (March 26, 2014 accommodation request). (The Court apologizes for all the dates; as will be apparent later, they are relevant to Matos's claims and hopefully will aid in any appellate review.) In it, Matos requested that she be assigned a 100% telework schedule. Id. The Department referred Matos's request to the Federal Occupational Health service ("FOH"), an agency within the government that provides job-related health services for federal employees. Def.'s MSJ Ex. 14. While FOH evaluated the request, the Department sent Matos letters updating her on its status and permitted her to telework as much as her job duties allowed. See Def.'s MSJ Ex. 16 (May 5, 2014 letter); id. Ex. 18 (June 18, 2014 letter); id. Ex. 19 (June 26, 2014 letter); id. Ex. 20 (July 3, 2014 letter); see also Matos Dep. 27:21-28:4 (testifying that she was allowed to telework until June or July 2014); Def.'s MSJ Ex. 7, at 321, 325 (Wilbanks EEO Affidavit) (discussing Matos teleworking). However, as Matos's supervisor Wilbanks explained, some of Matos's job duties, such as training the employees she supervised or attending staff meetings, required her physical presence in the office. See Def.'s MSJ Ex. 15 (April 8, 2014 email).2

FOH issued its report to the Department on July 8, 2014, concluding that Matos was a disabled individual. Def.'s MSJ Ex. 21. Matos received the report about two weeks later, on July 21, 2014. Def.'s MSJ Ex. 22 (July 2014 email chain). Wilbanks then met with Matos to discuss the report and noted that "the probability is that [Matos's] current position cannot accommodate 100% telework." Id. Wilbanks and Matos discussed what sort of positions Matos might be able to assume that would enable her to have a full-time telework schedule. See Def.'s MSJ Ex. 23 (July 21, 2014 email). The Department also began a search for such a vacant position. See Def.'s MSJ Ex. 26 (January 22, 2015 letter).

On September 4, 2014 the Department requested that FOH evaluate Matos's accommodation request further. Def.'s MSJ Ex. 24. It specifically asked FOH to inquire of Matos's doctors whether other accommodations, such as the use of masks and filters, would alleviate her symptoms and allow her to work in the office. Id. FOH provided a supplemental report on November 13, 2014, in which it reversed its earlier disability determination. Def.'s MSJ Ex. 25. FOH concluded that Matos had not sufficiently documented her disability in light of inconsistencies in the information she had provided, such as her work outside the office as a consultant for a skincare company that did not appear to sell hypoallergic or fragrance-free products. Id.

Following FOH's supplemental report, the Department formally denied Matos's request for 100% telework on January 22, 2015. Def.'s MSJ Ex. 26. The Department based its denial on two rationales: (1) that Matos had provided "insufficient information *494... to substantiate that [she was] a person who has a disability" and (2) that the "essential functions of [Matos's] position are not amenable to permanent, full-time telework." Id. The denial letter also detailed additional accommodations the Department had proposed but that proved unsuccessful, namely (1) attempting to transfer Matos to another building, which Matos "indicated ... did not work"; (2) allowing Matos to work in an office behind a closed door, which had not been successful as an accommodation; and (3) searching for a vacant position amenable to 100% telework to which Matos could transfer, which the Department had been unable to find. Id. Matos unsuccessfully appealed the denial to a more senior supervisor. Def.'s MSJ Ex. 30.

Later that month, Matos provided additional medical documentation to substantiate her condition, which triggered a new accommodation request. See Def.'s MSJ Ex. 31 (March 19, 2015 letter). Following an additional report from FOH, this request was denied on March 19, 2015 for the same reasons as Matos's prior request. Id.; see also Def.'s MSJ Ex. 36 (March 9, 2015 FOH report). In response, Matos submitted yet more medical documentation in early April 2015. See Def.'s MSJ Ex. 42 (April 20, 2015 FOH report). Based on this latest round of documentation, FOH issued another report on April 20, 2015 concluding that Matos was a qualified person with a disability and recommending telework "if it is administratively compatible for her position." Id.; see also Def.'s MSJ Ex. 43 (April 27, 2015 FOH report).

After receiving the April 2015 FOH reports, the Department again concluded that Matos's current position was not amenable to a 100% telework schedule and began searching for a vacant full-telework position for which Matos was qualified. See Def.'s MSJ Ex. 44 (July 20, 2015 offer letter).

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Cite This Page — Counsel Stack

Bluebook (online)
317 F. Supp. 3d 489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matos-v-devos-cadc-2018.