Rabuffo v. VCA, Inc.

222 F. Supp. 3d 406, 2016 WL 6901789, 2016 U.S. Dist. LEXIS 162378
CourtDistrict Court, E.D. Pennsylvania
DecidedNovember 23, 2016
DocketNo. 5:15-cv-06378
StatusPublished
Cited by1 cases

This text of 222 F. Supp. 3d 406 (Rabuffo v. VCA, Inc.) 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
Rabuffo v. VCA, Inc., 222 F. Supp. 3d 406, 2016 WL 6901789, 2016 U.S. Dist. LEXIS 162378 (E.D. Pa. 2016).

Opinion

MEMORANDUM OPINION

Defendant VCA’s Motion for Summary Judgment, ECF No. 43—Granted

Joseph F. Leeson, Jr., United States District Judge

I. Introduction

Plaintiff Tara Rabuffo, a veterinary surgeon, claims that her employer, Defendant VCA, Inc., failed to reasonably accommodate her cervical disc disability by refusing to permit her to return to work following cervical disc surgery, constructively discharged her on account of this disability, and discriminated against her because she has a record of having cervical disc disease. See Am. Compl., ECF No. 26. VCA moves for summary judgment on each of these claims, contending that it refused to permit Rabuffo to return to work not because of her cervical disc condition but rather because of its concern that two, unrelated health conditions that Rabuffo has—namely, a latex allergy and a heart condition—make it unsafe for her to work. Because the undisputed facts in this ease show that VCA refused to permit Rabuffo to return to work because of its genuine concerns about her latex allergy and heart condition, and not because of any failure to accommodate her cervical disc condition, summary judgment is warranted in VCA’s favor.

II. Background

The following facts are undisputed. See Def.’s Facts, ECF No. 43-1; PL’s Resp. Facts, ECF No. 44.

[409]*409VCA is a leading provider of pet health care services, with over 680 small animal veterinary hospitals throughout the United States and Canada. Def.’s Facts ¶ 1. Ra-buffo is a veterinary surgeon. Id. ¶2. In August 2009, Rabuffo became employed by VCA as a veterinary surgeon at its Smoke-town, Pennsylvania location after VCA acquired the veterinary hospital for which Rabuffo had been working. Id. ¶ 5.

Rabuffo has cervical degenerative disc disease. Id. ¶ 3. She also has a latex allergy, which causes her to have an anaphylactic reaction upon coming into contact with latex. Id. In order to combat the effects of the anaphylactic reaction, Rabuffo must immediately be injected with epinephrine, using an epinephrine pen. Id.

VCA accommodated both of these conditions. To accommodate her degenerative disc disease, VCA provided Rabuffo with two technicians to assist her during surgeries. Id. ¶ 7. The technicians performed radiographs on patients and lifted or carried any animals over twenty-five pounds. Id. To accommodate her latex allergy, VCA provided Rabuffo with latex-free gloves, surgical scrubs, and masks. Id. ¶ 8. With these accommodations, Rabuffo felt that she was able to perform all the essential functions of her job. Id. ¶¶ 7-8.

Despite the accommodations for her latex allergy, however, Rabuffo had five ana-phylactic reactions to latex over a six-month period, from September 2010 to March 2011, while working at the Smoke-town location. Id. ¶ 9. During three of these incidents, Rabuffo’s veterinary technicians injected her with an epinephrine pen after she fainted. Id. ¶ 10. During one incident, Rabuffo lost consciousness after she injected herself with the pen, but a veterinary technician was present to inject her a second time. Id. ¶ 11. In early 2011, Rabuffo’s supervisor, the Smoketown Hospital Manager, Melanie Anastos, asked Ra-buffo whether she was seeing a doctor about her latex allergy. Id. ¶ 13. According to Rabuffo, Anastos seemed legitimately concerned about her health. Id.

In April 2011, Rabuffo was granted leave by VCA to have surgery to treat her cervical disc degeneration. Id. ¶ 14. Pursuant to the Family and Medical Leave Act of 1993 (FMLA), Rabuffo was entitled to twelve weeks of protected leave, which was to expire on July 5, 2011. Id. VCA did not discourage Rabuffo from undergoing the cervical disc surgery. Id. ¶ 16. Although Rabuffo’s surgery was originally scheduled for April 13, 2011, it had to be rescheduled to April 20, 2011, because an abnormal cardiac EKG required her to be examined by a cardiologist. Id. ¶ 19.

While Rabuffo was out on leave for the surgery, Anastos learned that Rabuffo had told a co-employee that the epinephrine injection she used for her latex allergy could be an issue in light of her newly-discovered heart condition. Id. ¶ 20. Rabuf-fo testified that Anastos “assumed that an epi-injection under current circumstances could be lethal” and “kept asking over and over the same question, could it be lethal, could it be lethal.” Id. ¶ 21. When asked if Anastos seemed concerned about whether Rabuffo could die from taking an epinephrine injection given her heart condition, Rabuffo testified that she did. Id. Rabuffo told Anastos that although injecting epinephrine would not pose a risk of lethality, she would need to receive more than one injection in the event of any future allergic reactions because her heart medication would reduce the effectiveness of the epinephrine. Id. ¶ 23.

VCA asked Rabuffo to provide additional information from her doctor concerning whether it was safe for her to inject the epinephrine, given her heart condition, before VCA was willing to allow her to return to work. Id. ¶ 24. In response, Rabuf-[410]*410fo provided a note from her cardiologist, dated May 25, 2011, stating that Rabuffo was “able to use her epinephrine pen for any anaphylactic reactions which she may have during exposure to latex.” Id. ¶25.

On June 6, 2011, Anastos sent Rabuffo a letter in which she wrote the following:

Based on your recent doctor’s notes HR is requesting more information,.. .We need notes from your doctors stating the following information:
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- We understand that you are allergic to latex[;] if you need to use your epi pen can you administer this yourself or do you need a coworker to do this for you? Please have your doctor explain this in a note.
- In April prior to your surgery you mentioned that if you need to use your epi pen it could have a negative effect on your cardiac condition, specifically you stated it may cause you to go into cardiac arrest. Is this still a concern?
- HR Needs to have this information before you can return to work. Any questions please give me a call.

Id. ¶ 26; DiMaria Aff. Ex. 19, EOF No. 43-A.1

In response to Anastos’s letter, Rabuffo obtained another note from her cardiologist dated June 10. Id. ¶ 27. The cardiologist confirmed that Rabuffo could use an epinephrine pen, but clarified that she “can administer it herself if her mental state is not compromised by allergic response. Otherwise, a co-worker can administer it.” Id.

On June 28, Anastos sent an e-mail to VCA’s Human Resource Manager, Wendy Jaros, explaining her concern about Rabuf-fo’s safety at VCA: “[P]rior to Dr. Rabuf-fo’s leave she said that if she were to get an epi injection she could die from it due to her heart condition. I do not want to have an employee give her an injection that could possibly harm or kill her.” Id. ¶ 29.2

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222 F. Supp. 3d 406, 2016 WL 6901789, 2016 U.S. Dist. LEXIS 162378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rabuffo-v-vca-inc-paed-2016.