Ramage v. Rescot Systems Group, Inc.

834 F. Supp. 2d 309, 18 Wage & Hour Cas.2d (BNA) 901, 25 Am. Disabilities Cas. (BNA) 1099, 2011 WL 6057729, 2011 U.S. Dist. LEXIS 139875
CourtDistrict Court, E.D. Pennsylvania
DecidedDecember 6, 2011
DocketCivil Action No. 10-1120
StatusPublished
Cited by10 cases

This text of 834 F. Supp. 2d 309 (Ramage v. Rescot Systems Group, 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
Ramage v. Rescot Systems Group, Inc., 834 F. Supp. 2d 309, 18 Wage & Hour Cas.2d (BNA) 901, 25 Am. Disabilities Cas. (BNA) 1099, 2011 WL 6057729, 2011 U.S. Dist. LEXIS 139875 (E.D. Pa. 2011).

Opinion

MEMORANDUM

GENE E.K. PRATTER, District Judge.

I. INTRODUCTION

Plaintiff Evelyn Ramage was diagnosed with a brain tumor in May 2008. She requested and received leave from her employer, Rescot Systems Group, Inc. (“Res-cot”) to recover from surgery to remove the tumor. Ms. Ramage claims that prior to her surgery, during her recovery, and upon her return to full-time employment, her supervisors and co-workers subjected her to discriminatory treatment on account of her purported disability and her request for leave. Additionally, only two and a half months after her return from leave, Ms. Ramage was fired from Rescot for engaging in unprofessional behavior, which she claims was a pretext for discriminatory retaliation.

Ms. Ramage filed this action against Rescot, Omnicare ESC LLC, and Omnicare Inc.1 (collectively, the “Defendants”) claiming actual disability discrimination, perceived disability discrimination, retaliation, and hostile work environment under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), actual [315]*315disability discrimination, perceived disability discrimination, retaliation and hostile work environment under Pennsylvania Human Relations Act, 43 P.S. § 951 et seq. (“PHRA”), and interference and retaliation under the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq. (“FMLA”). Following discovery, Defendants filed a Motion for Summary Judgment on all of Ms. Ramage’s claims.

For the reasons discussed below, the Court will deny the Defendants’ Motion with respect to Ms. Ramage’s claims of retaliation under the ADA, PHRA, and FMLA, and grant the Defendants’ Motion for the remainder of the claims in Ms. Ramage’s Complaint.

II. FACTUAL BACKGROUND2

Ms. Ramage began working with Res-cot, a small office with a casual environment, in September 2001 as a receptionist/administrative assistant and remained in that position for her entire time with the company. (Pl. Stmt. Facts ¶¶ 1-2, 94-95). Ms. Ramage was responsible for answering the telephone and completing standard administrative duties such as filing, billing, and mailings. (Pl. Stmt. Facts ¶¶ 4-5). From March 27, 2006 until September 26, 2008, her immediate supervisor was Christine Tinari, who reported to Glen Lloyd, the President of the company. (Pl. Stmt. Facts ¶¶ 7-8).

During her tenure with Rescot, Ms. Ramage had various health problems. In 2007 and early 2008 she missed work due to a back injury and carpal tunnel syndrome. (Def. Stmt. Facts ¶¶ 27-33). Additionally, throughout her employment with Rescot, Ms. Ramage suffered from migraine headaches, but never missed work on account of them. (Pl. Stmt. Facts 1116; Pl. Ex. A, Pl. Dep. 172:17-173:5). Beginning in March 2008, Ms. Ramage began to lose vision in her left eye, lost some peripheral vision, and “was banging into walls.” (Pl. Ex. H, 6/24/2008 Medical Records; Pl. Dep. 153:11-14). On May 23, 2008, Ms. Ramage learned that the cause of her vision loss was a brain tumor. (Pl. Stmt. Facts ¶ 18). After informing her superiors of her condition, on May 27, 2008, Ms. Ramage underwent surgery to remove the tumor. (Pl. Stmt. Facts ¶¶ 18-19). Once the tumor was removed, Ms. Ramage regained vision in her left eye, and was subsequently only limited in peripheral vision “underneath [her] nose.” (Pl. Ex. H; Pl. Ex. I, 8/28/2008 Medical Record; Pl. Ex. P, 9/19/2008 Medical Record; Pl Dep. 170:18-19; 171:15-172:16). She continued to experience migraine headaches, though the headaches were much less severe, and she was able to control their effects with Excedrin. (Pl. Dep. 172:20-173:5).

On account of the surgery and her recovery therefrom, Ms. Ramage took a medical leave of absence from Rescot under the FMLA from May 26, 2008 until July 7, 2008. (Pl. Stmt. Facts ¶¶ 19, 29). Additionally, she took intermittent FMLA leave from July 7, 2008 until July 14, 2008 while working part-time. (Pl. Stmt. Facts ¶¶ 20, 30). Upon her return to work full-time, Ms. Ramage attended follow-up appointments for ongoing medical treatment on a near-weekly basis and took paid time off on other days for matters related to her brain surgery. (Pl. Stmt. Facts ¶¶ 22, 32).

Before, during, and after her recovery from brain surgery, Ms. Ramage claims she endured sustained harassment and [316]*316abuse at the hands of her supervisors and co-workers. Ms. Ramage testified that when she began experiencing vision problems in March 2008, Ms. Tinari commented that “if you don’t stop knocking into the walls and stuff, I’m going to have to put you out on disability or something.” (Pl. Stmt. Facts ¶ 33; Pl. Dep. 153:18-21). During her leave of absence, Ms. Tinari repeatedly called Ms. Ramage’s treating physician to inquire when she would return, a practice Ms. Ramage says made her feel guilty about missing work. (Pl. Stmt. Facts ¶¶ 36-37; Pl. Dep. 117:17-22). When Ms. Ramage addressed with Ms. Tinari the perceived pressure from a coworker for her to return to the office, Ms. Tinari told her to “blow it off.” (Pl. Stmt. Facts ¶ 39; Pl. Dep. 168:19-169:15).

After returning to the office and communicating to her supervisors that she would need additional time off related to her surgery, Ms. Ramage claims that management and her coworkers alike subjected her to negative treatment and made her feel stupid, like “a moron,” and even ignored her. (Pl. Stmt. Facts ¶¶ 41, 46, 47; Pl. Dep. 129:19-130:1, 181:8-182:2). Some Rescot employees, she claims, acted with hostility toward her. (Pl. Stmt. Facts ¶ 44; Pl. Dep. 174:17-20). For example, her coworker, Joanne Sullivan, who Ms. Ramage described as being “the office bully,”3 would walk by Ms. Ramage’s desk and “growl.” (Pl. Dep. 178:10-18). She further testified that Ms. Tinari, told her, “gee, last year you were out of work around this time for a back injury, and now this year it’s for a brain tumor, I wonder what you’re going to do next year to top this.” (PL Stmt. Facts IT 38; Pl. Dep. 65:9-13).

Ms. Ramage claims that this negative treatment also included receiving new responsibilities which she felt uncomfortable doing, such as booking travel,4 and having her existing work notes removed without explanation. (PL Stmt. Facts ¶¶ 51-53, 63). Ms. Ramage addressed her concerns over Ms. Tinari’s and Ms. Sullivan’s treatment of her with Mr. Lloyd on the day before her termination. (Pl. Stmt. Facts ¶77; PL Dep. 59:24-60:8). According to Ms. Ramage, Mr. Lloyd stated not only that “any monkey” could perform Ms. Ramage’s job and that he considered eliminating it, but also, that “he brought [the] possibility up” that her condition “might put the company in a higher insurance bracket, possibly.” (Pl. Stmt. Facts ¶¶ 77, 80; PL Dep. 184:2-18; 135:20-22).

On September 26, 2008, just one day after her conversation with Mr. Lloyd, Rescot terminated Ms. Ramage’s employment citing “unprofessional behavior.” Prior to her termination, Ms. Ramage had been reprimanded for unprofessional behavior on multiple occasions. For example, in October 2006, Rescot issued a written warning regarding Ms. Ramage’s inappropriate e-mail communications and revoked her ability to send “blast,” or reply-all, e-mails to employees. (Def. Stmt. Facts ¶ 5).

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

Related

RAY v. ELECNOR HAWKEYE, LLC
D. New Jersey, 2023
Edwards v. Dart
N.D. Illinois, 2022
Raymo v. Civitas Media LLC
M.D. Pennsylvania, 2021
D'AGOSTINO v. ROTH
D. New Jersey, 2021
Smith v. Dart
N.D. Illinois, 2020
Cotledge v. Dart
N.D. Illinois, 2020
Green v. Dart
N.D. Illinois, 2020
Furry v. Lehigh Valley Health System
902 F. Supp. 2d 645 (E.D. Pennsylvania, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
834 F. Supp. 2d 309, 18 Wage & Hour Cas.2d (BNA) 901, 25 Am. Disabilities Cas. (BNA) 1099, 2011 WL 6057729, 2011 U.S. Dist. LEXIS 139875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramage-v-rescot-systems-group-inc-paed-2011.