Palotai v. University of Maryland

38 F. App'x 946
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 27, 2002
Docket01-1147
StatusUnpublished
Cited by5 cases

This text of 38 F. App'x 946 (Palotai v. University of Maryland) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Palotai v. University of Maryland, 38 F. App'x 946 (4th Cir. 2002).

Opinion

OPINION

STAPLETON, Senior Circuit Judge.

Appellant Thomas Palotai filed a complaint in a Maryland state court asserting that the University of Maryland and individuals associated with running the University Greenhouse violated his rights under the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. He also alleged that these defendants infringed his federal and state due process rights by failing to give, him a timely and fair hearing on his suspension without pay and the termination of his employment with the University. The defendants removed the case to federal court. 1 The District Court dismissed the due process claims and subsequently granted summary judgment on the remaining ADA claims. Palotai timely appealed.

I

A. Factual Background

Palotai worked from November of 1994 to June of 1997 as an Agricultural Technician in the Greenhouse operated by the University of Maryland’s Department of Natural Resource Sciences and Landscape *949 Architecture. The Greenhouse is maintained for the care of plant specimens used for both research and teaching. It is essential that the plant material which the faculty entrusts to the Greenhouse be maintained in strict accordance with the specifications provided.

Palotai’s “responsibilities included supervision of all aspects of plant care and maintenance, pest control, maintenance of all spraying and other equipment, treatment of cooling system, and disposal of hazardous wastes.” App. at 13-14. According to Palotai, he had difficulty performing some of his required tasks within the appropriate deadlines because of a learning disability. Palotai informed Pamela McGrath, the Assistant Manager of the Greenhouse, of this disability in June of 1995.

In the summer of 1996, Laurie Hellman-Aker, the Greenhouse Manager, created a system of “time frames.” This was a schedule that let Palotai know how much time he was to allot to each task. Palotai expressed concern about these “time frames,” and during the summer, six meetings were held to discuss Palotai’s concerns. After each one, Hellman-Aker reprimanded Palotai for failing to comply -with the stipulated schedule. The University kept the “time frames” in place.

Later that fall, Palotai suffered an accidental eye injury while spraying the Greenhouse with pesticides. He claims that as a result of this injury he was blind in one eye and told Hellman-Aker that he would not be able to perform his responsibilities. Despite Palotai’s protestations, Hellman-Aker continued to require him to spray the Greenhouse with pesticides. The complaint alleges that because he was unable to read his work list due to the blindness, Palotai sprayed the wrong section of the Greenhouse. In reaction to this incident, Hellman-Akers issued Palotai a five-day unpaid suspension, effective October 10, 1996.

On October 16, 1996, Palotai filed a discrimination complaint with the University’s EEOC office. The complaint was investigated and resulted in a finding of “no discrimination.”

On October 17, 1996, after his treating ophthalmologist advised him that he could not work with pesticides, Palotai told Hellman-Aker that he could not work until his eye was healed, and requested that

he be placed on sick leave until testing on his eye was complete. In response to this request, Hellman-Aker extended the suspension an additional day, then placed Palotai on sick leave. Palotai remained on sick leave until early December.

At about the same time, Palotai wrote to the University EEO counselor requesting that the University make a “reasonable accommodation” for his disability by removing the time frames from his work assignments. Hellman-Aker responded to this request one month later indicating that she believed that the time frames were beneficial to Palotai’s work habits. On February 23, 1997, Palotai requested a transfer out of the Greenhouse; that request was denied.

On June 5, 1997, Palotai received a letter from Professor Richard A. Weismiller, Chair of the Department, that stated in part as follows:

In accordance with Section VIII of the University of Maryland Personnel Policies and Rules for Classified Employees, I am writing to inform you that effective immediately you are suspended without pay from your position of Agricultural Technician III, pending the filing of charges for your removal.
This action is the result of your continued disregard for rules, directions and safety standards in the Greenhouse. *950 On Friday, May 30, 1997, you were verbally counseled by your supervisor for failing to wear protective eye equipment while in the greenhouse area during the reentry interval as required by E.P.A. Worker Protection Standards. This is particularly disturbing in light of your eye injury last fall which occurred as a result of your failure to comply with these standards. On Monday, June 2, 1997, you again disregarded instructions in your failure to accurately record pesticide applications for each greenhouse as required by your supervisor to meet Maryland Department of Agriculture standards. On Wednesday morning, June 4, 1997, you were found without appropriate protective eyewear in an area which had been sprayed the night before. This morning, June 5, 1997, you were working in shorts in an area requiring protective legwear. These incidents, together with your disciplinary history and record of disregarding Greenhouse rules, leave me no choice but to take this action.

App. at 412.

Palotai had no prior notice of this suspension •without pay. When Professor Weismiller made the decision to suspend Palotai, he was familiar with Palotai’s disciplinary record over the preceding two and a half years which revealed that Greenhouse administrators had reprimanded Palotai at least 42 times. His information about the events of May 30th through June 5th came directly from Palo-tai’s immediate supervisor, Ms. Hellman-Aker. He did not independently investigate the facts before making his decision.

Palotai immediately appealed his suspension. On June 17, 1997, Palotai received charges for removal from the University. Palotai also appealed the removal charges.

B. Suspension, Termination, and Administrative Review

The governing regulations of the University provide that a hearing will be held within five working days after an employee appeals a suspension. The hearing on Palotai’s suspension was convened on July 10, 1997. The hearing was not completed on that date, however, and was continued until August 14, 1997. The Hearing Examiner issued a decision one week after the completion of the hearing, on August 21, 1997. In that decision, the Examiner found that “Mr. Palotai’s position as an Agricultural Technician requires him to work closely with extremely dangerous chemicals.” Decision of the Hearing Examiner at 6. Further, the Examiner concluded, “given the potential for severe injury to Mr.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
38 F. App'x 946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palotai-v-university-of-maryland-ca4-2002.