Oden v. SEPTA

137 F. Supp. 3d 778, 2015 U.S. Dist. LEXIS 135259, 2015 WL 5838481
CourtDistrict Court, E.D. Pennsylvania
DecidedOctober 5, 2015
DocketCIVIL ACTION NO. 14-6197
StatusPublished
Cited by18 cases

This text of 137 F. Supp. 3d 778 (Oden v. SEPTA) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Oden v. SEPTA, 137 F. Supp. 3d 778, 2015 U.S. Dist. LEXIS 135259, 2015 WL 5838481 (E.D. Pa. 2015).

Opinion

MEMORANDUM

KEARNEY, District Judge.

Discrimination law has long required disabled employees suing their former employer for discrimination and retaliation after requests for accommodations to timely bring administrative claims. Upon arriving in federal court, the employee must addtice specific facts after discovery sufficient to create genuine of issues of material fact regarding whether the employer’s termination is pretext for invidious discriminatory. intent. The employee meets this burden with evidence which could lead a fact-finder to disbelieve the employer’s business reason or believe an invidious discriminatory reason was more likely than not a motivating or determinative cause of the termination. A disabled employee’s conclusions, broad accusations and suggested inferences unsupported by facts will not defeat an employer’s summary judgment motion.

After her employer SEPTA transferred her from a bus driver job with over twenty years experience to a booth cashier position with, her consent and to accommodate her sleep related disabilities, Roslyn Oden requested further accommodations concerning her tardiness at her-new cashier job in mid-2011 or early 2012 which SEPTA did not address. Oden did not raise this alleged failure to accommodate until mid-2013. During the- almost eighteen (18) month term as a cashier, SEPTA suspended Oden for conduct and she answered two separate complaints regarding altercations with fellow cashiers. After investigations, SEPTA did not discipline her or affect her pay.

Thereafter, SEPTA videotapes confirmed Oden left her cashier post for an extended time during a January 2013 work day, costing it fares and violating SEPTA policy. After formal and informal hearings, SEPTA terminated Oden in February 2013. Several months later, Oden filed administrative claims and thereafter sued SEPTA.

Oden’s Opposition to SEPTA’s motion for summary judgment does not identify specific facts creating a genuine issue for trial. All evidence confirms SEPTA’s February 2013 termination is based on legitimate business reasons arising from Oden’s January 2013 violation of SEPTA policy. We grant SEPTA’s motion for summary judgment dismissing Oden’s claims in the accompanying Order.

I. UNDISPUTED FACTS

In 1989, Plaintiff Roslyn Oden (“Oden”) began driving buses for Defendant Southeastern Pennsylvania Transportation Authority (“SEPTA”). (A. at 3-4.)1 During [783]*783the course of her employment, Oden began to suffer from bipolar disorder with depression, various sleep disorders including sleep apnea, circadian rhythm disorder and hypersomnia, and other medical conditions.2 (A. at 4, 41). Twenty-two years later, Oden’s personal physician, Dr. Calvin Stafford (“Dr. Stafford”), reported she could no longer drive safely, and SEPTA disqualified her as a bus operator. (Id.) Due to an incident while still a bus driver, Oden entered into a “Last Chance Agreement” with SEPTA on April 19, 2011. (A. at 68-69.) The Last Chance Agreement stated “should Ms. Gambrell be charged with committing any infraction for which discipline is justified, she shall be subject to immediate discharge.” (Id.) In June 2011, Dr. Stafford cleared Oden to return to work and completed SEPTA’s standardized physical form regarding Oden’s capabilities. (A. at 43.) SEPTA presented Oden with several positions. (A. at 12-13.) Oden discussed the cashier position with Dr. Stafford. (A. at 18.) Oden believed she could perform the duties listed on the cashier job description as the hours “seemed better”, and Dr. Stafford strongly recommended the position. (A. at 12-14, 18.) Oden chose the position of cashier and returned to work on June 20, 2011. (A. at 20, 58.)

Defendant Stacey Richardson (“Richardson”), SEPTA’s Assistant Director of Transportation, supervised Oden as a cashier.3 (A. at 31-33.) Richardson supervised eight (8) dispatchers, twenty-four (24) field managers, and approximately 170 maintenance, custodians and 390 cashiers. (A. at 355.) The cashier position is governed by the collective bargaining agreement between SEPTA and the Transport Workers Union Local 234. (A. at 8, 49-55.)

On or about July 3, 2011, shortly after beginning as a cashier, Oden told Darryl Wade, Director of Transportation, of her sleep disorders and her concern about reporting times seeking a flex schedule and use of personal or sick time to avoid being marked late. (A. at 23-24.) Oden requested leeway for her reporting times as she had problems waking up. (A. at 23.) At the end of June or beginning of July 2011, Oden also met with Richardson and asked for an accommodation.' (A. at 27-28.) Oden requested a flexible reporting time and for Richardson to “work around” her being late. (A. at 28.) From July 2011 until April 2012, Oden did not see Richardson and had minimal, if any, telephone conversations with her. (A. at 30-31.)

Employment actions not leading to adverse action.

On January 4, 2012, Dr. Stafford evaluated Oden and wrote a letter to SEPTA representing “accommodations for lateness and drowsiness on the job will still be required” until workup is complete. (A. at 448.) Dr. Stafford further represented Oden “should be able to perform all of her duties.” (Id.)

On January 30, 2012, Oden went oh an approved FMLA leave, and on April 6, 2012, SEPTA’s Medical Department approved Oden to return to work. (A. at 513-[784]*78414.) On April 7, 2012, Oden returned from FMLA leave. (Id.) When Oden returned from leave in April, she met with Richardson to discuss her excessive absentee points. (A. at 264.) During that meeting, Richardson .presented Oden with “the infraction sheet, the point sheets” and said Oden was over her “point, limit.” (Id.) Richardson informed Oden her employment was terminated because of her point total exceeded twenty (20) and this constituted a violation of her “Last Chance Agreement” with SEPTA thus requiring termination of her employment, (Id. at 70-74, 264.) On April 13, 2012, SEPTA terminated Oden due to excessive disciplinary points assessed against her during, the FMLA leave period. (A. at 456, 491.) SEPTA held a formal hearing and the hearing officer denied Oden’s grievance and recommended termination. (A. at 70-71.) SEPTA then held a “Labor Relations Step hearing” on July 5, 2012, and SEPTA’S labor relations manager upheld Oden’s termination.4 (A. at 74.) Through negotiations between SEPTA and the Union, SEPTA allowed Oden was allowed to return to work subject .to the condition her attendance points remain at twenty-three (23) and if she accrues additional points prior to the total falling below twenty (20), Oden would be subjected to discipline. (A. at 75.) On September 13, 2012, SEPTA reinstated Oden as an employee. (A. at 457, 515-16.)

On October 24, 2012, SEPTA cashier Chevelle Steward filed a. complaint against Oden after an altercation in the cashier booth. (A. at 76-77.) On October 30, 2012, Richardson interviewed Oden about the incident, but did not discipline Oden although Oden claims Richardson threatened to fire her. (A. at 34-35a, 304.)

On November 22, 2012, Oden became involved in an altercation with a second cashier, Latonya Gibbs. (A. at 38-39.) Oden claimed cashier Gibbs assaulted her. SEPTA “terminated immediately or held off’ Oden pending an investigation of the incident. Upon close of the investigation thirteen (13) days later, Oden returned to work.

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137 F. Supp. 3d 778, 2015 U.S. Dist. LEXIS 135259, 2015 WL 5838481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oden-v-septa-paed-2015.