McCarty v. City of Eagan

16 F. Supp. 3d 1019, 29 Am. Disabilities Cas. (BNA) 1197, 2014 WL 1672256, 2014 U.S. Dist. LEXIS 58862
CourtDistrict Court, D. Minnesota
DecidedApril 28, 2014
DocketNo. 12-cv-2512 (TNL)
StatusPublished
Cited by1 cases

This text of 16 F. Supp. 3d 1019 (McCarty v. City of Eagan) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCarty v. City of Eagan, 16 F. Supp. 3d 1019, 29 Am. Disabilities Cas. (BNA) 1197, 2014 WL 1672256, 2014 U.S. Dist. LEXIS 58862 (mnd 2014).

Opinion

MEMORANDUM OPINION & ORDER

TONY N. LEUNG, United States Magistrate Judge.

This matter is before the Court, Magistrate Judge Tony N. Leung, on Defendant City of Eagan’s (“the City”) Motion for Summary Judgment (ECF No. 12). The Court heard oral argument on the motion. (See ECF No. 20.) Plaintiff Brea McCarty asserts claims against the City for violations of Title VII and the Pregnancy Discrimination Act (“PDA”), 42 U.S.C. § 2000e et seq., the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., and the Minnesota Human Rights Act (“MHRA”), Minn.Stat. § 363A.01 et seq. Based on the arguments of counsel, and all the files, records and proceedings herein, the Court will GRANT the motion.

I. BACKGROUND1

A. The City’s Employment Structure

The City is divided into several departments, including administration, building inspections, communications, community development, finance, fire, parks and recreation, planning and zoning, police, and public works. (Sullivan Aff. (ECF No. 15) Ex. 16.) The police department comprises 85 employees, including 70 sworn officers and 15 support staff. (Id. Ex. 13; id. Ex. 3 at 11.) Lynn Vasquez manages the department’s records unit, which at all relevant times employed four full-time level IV clerical technicians (McCarty, Margaret Knoll, Cindy Scipioni, and Susan Smart), two part-time level IV clerical technicians (Susan Kroeger and Susan Peterson), and one full-time receptionist (JoAnne O’Keefe). (Id. Ex. 13.) Records employees are members of the Minnesota Teamsters Public and Law Enforcement Employees’ Union, Local No. 320. (Id. Ex. 12.)

A labor agreement (“CBA”) between the City and Minnesota Teamsters Public and Law Enforcement Employees’ Union, Local No. 320, provides that seniority is the determining criterion for shift schedules. (Id. Ex. 12 at 15.) Records employees would bid for shifts according to seniority; the most senior would select first, then the second-most senior, and so forth until all the shifts were filled. (Id.) When the CBA was renegotiated,2 the City adopted a [1023]*1023stricter policy that allows shift changes in two circumstances: (1) to fill a vacancy; or (2) where an unforeseen event occurs in the police department that requires the schedule be adjusted and the change benefits the police department. (Id. Ex. 5 at 17-22.)

B. McCarty’s Employment

McCarty began working for the City as a part-time receptionist for the records unit on June 25, 2006. (Id. Ex. 54, Ex. 1 at 30-31.) Over the course of her employment, she consistently received very positive performance evaluations. (Id. Ex. 6 at 12, 14, 19, 20.) In April 2007, McCarty traded positions with a full-time employee who wanted to work part-time. (Id. Ex. 6. at 10.) She received a promotion from Clerical Technician III to Clerical Technician IV and a corresponding pay raise in July 2007. (Id. Ex. 50.)

McCarty requested and was granted FMLA leave from mid-November 2007 to mid-February 2008 to have a child. (Id. Ex. 49.) Before her scheduled return on February 19, 2008, McCarty contacted Vasquez requesting a temporarily modified work schedule. (Id. Ex. 41.) Specifically, she requested that she be reduced to 30-hour weeks from 40-hour weeks. (Id.) On January 31, 2008, the City approved McCarty’s request as “an intermittent Child Care Leave under City Policy.” (Id. Ex. 42 (emphasis in original).) The City emphasized that it considered this a “one time occurrence,” emphasized that it would “in no way set a precedent,” and provided that “[a]t the end of three months [McCarty’s] request may be reevaluated at [her] request, with no promises or obligations for the City [ ] to extend it.” (Id.)

In September 2008, McCarty formally requested that her shift be adjusted from 0800-1630 to 0730-1600. (Id. Ex. 43.) On September 25, 2008, the City approved this shift adjustment for a six-month period. (Id.) In the memorandum granting the request, Vasquez stated she was approving the request “because it [did] not impose on the daily operations of the police department or the clerical unit, nor [did] it affect [McCarty’s] current status as a full-time employee.” (Id.) Vazquez also reminded McCarty that “the department still ha[d] a right to rescind this agreement during the next six months due to unforeseen circumstances.” (Id.)

On October 22, 2009, a new shift bid occurred. (Id. Ex. 33.) A few weeks after the newly-bid schedule went into effect, Susan Smart was unhappy and wanted to change shifts. (Id. Ex. 1, at 83-85.) Smart and McCarty approached the City, and the City agreed that they could switch shifts because both employees wanted the change and no one else was interested in the two shifts at issue. (Id.)

In January 2010, McCarty again requested and was granted FMLA leave— this time from March 30, 2010 to June 29, 2010 — to have a second child. (Id. Ex. 48.) On June 8, 2010, a new shift bidding occurred after a clerical employee left her position with the City. (Id. Ex. 34.) McCarty was third-most senior at this time, and she bid for and received the C shift — 0800 to 1630 Monday through Friday. (Id.) In accordance with department policy, this shift bidding sheet provided, “This bid will remain in effect until a vacancy or other unforeseen event occurs in the police department which requires adjustments).” (Id.) On October 8, 2010, McCarty requested another shift adjustment, seeking to move from full-time to part-time. (Id. Ex. 47.) Before the City decided whether to grant or deny her re[1024]*1024quest, McCarty withdrew it. (Id.; id. Ex. 4 at 16-18; id. Ex. 6 at 31-82.)

C. Events Giving Rise to the Instant Claims

On December 15, 2011, McCarty went into Vasquez’s office, shut the door, and said that she wanted to talk. (Id. Ex. 1 at 67-68; id. Ex. 37.) McCarty told Vasquez that she was pregnant. (Id. Ex. 1 at 68.) Vasquez asked if the pregnancy was planned, and McCarty said that it was not. (Id.) McCarty said that this could not be happening at a worse time for financial reasons. (Id. at 68-69.) Vasquez tried to comfort McCarty throughout the conversation. (Id.) McCarty also informed Vasquez that she would take 12 weeks of FMLA leave after the birth, just as she had with her first two children, which would begin near the end of June or the beginning of July. (Id. at 70; id. Ex. 37.) At this meeting, McCarty and Vasquez did not discuss any potential scheduling changes, and McCarty did not raise any pregnancy-related medical conditions from which she suffered or accommodations that she required. (Id. Ex. 1 at 66-72.)

On January 5, 2012, McCarty approached Vasquez and proposed changing her schedule. (Id. at 77.) McCarty went into Vasquez’s office, shut the door, and raised the idea of changing to part-time and Susan Kroeger, another clerical employee, going to full-time. (Id.

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16 F. Supp. 3d 1019, 29 Am. Disabilities Cas. (BNA) 1197, 2014 WL 1672256, 2014 U.S. Dist. LEXIS 58862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarty-v-city-of-eagan-mnd-2014.