Moreira v. American Airlines, Inc.

157 F. Supp. 3d 1208, 2016 Am. Disabilities Cas. (BNA) 13, 2016 U.S. Dist. LEXIS 6048
CourtDistrict Court, S.D. Florida
DecidedJanuary 19, 2016
DocketCASE NO. 15-21820-CIV-ALTONAGA/O’Sullivan
StatusPublished
Cited by2 cases

This text of 157 F. Supp. 3d 1208 (Moreira v. American Airlines, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moreira v. American Airlines, Inc., 157 F. Supp. 3d 1208, 2016 Am. Disabilities Cas. (BNA) 13, 2016 U.S. Dist. LEXIS 6048 (S.D. Fla. 2016).

Opinion

ORDER

CECILIA M. ALTONAGA, UNITED STATES DISTRICT JUDGE

THIS CAUSE came before the Court upon Defendant, American Airlines, Inc.’s (“Americanas]”) Motion for Summary Judgment (“Motion”) [ECF No. 63], filed on December 16, 2015. Pro se Plaintiff, Robert Moreira (“Moreira”) filed an Opposition.. .(“Response”) [ECF No. 70], on January 5, 2016. American filed a Reply. . .(“Reply”) [ECF No. 71] on January 7, 2016. The Court has carefully considered the parties’ written submissions, the record, and applicable law.

I. BACKGROUND1

American is a commercial airline that flies to destinations around the world. (See American’s Statement of Undisputed Material Facts...(“Defi’s SMF”) [ECF No. 65] ¶ 1). In February 2011, American hired Moreira as a non-union Staff Assistant-Production Support employee in the Aircraft Maintenance Department of Miami International Airport. (See id. ¶ 2; see also First Amended Complaint (“FAC”) [ECF No. 13] ¶ 5). Plaintiffs responsibilities included: communicating with mechanics at a customer service window regarding attendance, overtime, or schedules; retrieving and filing payroll overtime paperwork for mechanics; entering data related to mechanics’ payroll (e.g., coding sick time); filling out Miami Dade County and Customs paperwork; programming ID badges; and answering telephones and e-mails. (See Def.’s SMF ¶3; see also Resp. 1-2). Moreira was supervised by Sheryl Beil (“Beil”), who reported to Sandra Davis (“Davis”), the Production Support Manager in the department. (See Def.’s SMF ¶ 4; see also Deposition of Roberto Moreira (“Moreira Deposition”) [ECF Nos. 64-1 (vol. I) and 64-2 (vol. II) ] vol. II, 198:12-20). Davis and Moreira had a good professional relationship; Davis trusted Moreira and made positive comments about his work. (See Def.’s SMF ¶ 4; see also Moreira Dep., vol. I, 87:7-14).

According to Moreira, he developed muscle spasms in early 2013 and was diagnosed in November 2013. (See Def.’s SMF ¶ 17; see also Moreira Dep., vol. I, 32:3-39:21). He states these spasms intermittently affected his concentration and energy at work, and sometimes made his vision “a little bit” blurry. (Moreira Dep., vol. I, 59:19-22; see also Def.’s SMF ¶ 18). Mor-eira explains these spasms did not limit his [1211]*1211ability to perform the following activities while working for American: breathing, hearing, speaking, walking, sitting, standing, reaching, driving, dressing, showering, cleaning, and shopping. (See Def.’s SMF ¶ 17). Further, Moreira states the spasms did not interfere with his ability to meet his professional obligations or daily attendance at work; he performed his work reliably and efficiently. (See id.). Davis agrees Moreira was a good employee and capable of performing his job duties. (See Deposition of Sandra Davis (“Davis Deposition”) [EOF No. 64-7] 39:14-21).

Moreira admits he never directly informed Davis about his muscle spasms; he just told her he was going to physical therapy. (See Moreira Dep., vol. II, 198:12-14). He states he notified Beil about his purported disability. (See id. 198:2-25). Moreira also asserts he notified Maribel Maceo-Chavez (“Maceo-Chavez”), the Department’s Lost Time Manager, of his purported disability; and his doctor faxed Family and Medical Leave Act (“FMLA”) paperwork to Maceo-Chavez’s office.2 (See Resp. 2-3). In this paperwork, Moreira requested FMLA leave due to his muscle spasms. (See id. 6). The paperwork includes a note from Moreira’s doctor stating: “Patient is unable to concentrate and stressful situations worsens [sic] his condition during periods of exacerbation.” (Id. 8). Aside from Beil and Maceo-Chavez’s direct knowledge of Moreira’s purported disability and Davis’s alleged indirect knowledge, Moreira states no one at American perceived him as disabled during his employment, as his muscle spasms were inconspicuous. (See Def.’s SMF ¶ 20; see also Moreira Dep., vol. II, 302:16-21, 267:4-22).

A. Moreira’s Alleged Requests for Accommodation

In approximately December 2013, Mor-eira asked Beil if he could move to another desk in the office, and she agreed. (See Moreira Dep., vol. II, 165:22-167:21). However, Davis later called the office and stated Moreira could not move to that desk because it was going to be used for another purpose, and Moreira needed to stay at the front desk to manage the customer window. (See id. 166:9-15). Moreira never informed Davis he wanted to move desks to accommodate his purported disability. (See Def.’s SMF ¶ 21). In fact, Davis recollects Moreira simply wanted to move desks because he did not like being up at the front window. (See Davis Dep. 60:7-15).

Shortly thereafter, Moreira requested a keyboard drawer, and this request was granted. (See Moreira Dep., vol. II, 168: 3-18). Davis did not inquire why Moreira wanted a keyboard drawer because employees often asked to upgrade office supplies. (See Def.’s SMF ¶ 23). Moreira testified the keyboard drawer alleviated most of the issues he had experienced with the desk; and he did not make any subsequent requests to move desks. (See Moreira Dep., vol. II, 170:10-174:12).

At some point during Moreira’s employment, two staff assistants left the office and were not replaced. (See Def.’s SMF ¶ 24). Moreira requested Davis hire additional staff assistants to help with the office workload, but Davis declined. (See id.-, see also Moreira Dep., vol. II, 179:1-8). The alleged understaffing affected everyone in the office, not just Moreira. (See Defi’s SMF ¶24). Moreira admits he did not know the other staff assistants’ work[1212]*1212loads, and concedes they could have been heavier than his own, at times. (See id.),

B. The Alleged Sleeping Incident and Moreira’s Termination

On April 30, 2014, Davis entered the administrative office where Moreira worked and observed Moreira, motionless, with his head down at his desk, "using his jacket as a cushion. (See Def.’s SMF ¶ 6). When Moreira raised his head, Davis asked him if he had been sleeping; Moreira responded, “yes,” and explained he had not slept the night before. (Moreira Dep., vol. I, 143:12-144:4; see also Def.’s SMF ¶7). Davis told Moreira they would talk about the incident later. (See Def.’s SMF ¶7). Later that afternoon, Davis called Moreira into her office and. informed him she was suspending him with pay pending an investigation into the incident. (See id. Í! 8; see also FAC ¶ 9). During this meeting, Mor-eira confirmed he understood sleeping at work was against company policy. (See Def.’s SMF ¶ 8).

In investigating the incident, Davis re-interviewed Moreira on May 6, 2014. (See id. ¶¶ 9-10). Moreira submitted a written statement at this time, arguing he was not actually sleeping at his desk, but rather just resting his head during his lunch break because he was not feeling well. (See id. ¶ 10; see also American Airlines Investigation Report (“Investigation Report”) [EOF No. 64-3] AA0000023). He asserts he did not explain the situation to Davis when she found him at his desk because he wanted to avoid entering into specifics while there were other employees around. (See

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
157 F. Supp. 3d 1208, 2016 Am. Disabilities Cas. (BNA) 13, 2016 U.S. Dist. LEXIS 6048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moreira-v-american-airlines-inc-flsd-2016.