Rinaldi v. Quality King Distributors, Inc.

29 F. Supp. 3d 218, 2014 WL 2917035, 2014 U.S. Dist. LEXIS 87694
CourtDistrict Court, E.D. New York
DecidedJune 26, 2014
DocketNo. 12-CV-141 (PKC)
StatusPublished
Cited by9 cases

This text of 29 F. Supp. 3d 218 (Rinaldi v. Quality King Distributors, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rinaldi v. Quality King Distributors, Inc., 29 F. Supp. 3d 218, 2014 WL 2917035, 2014 U.S. Dist. LEXIS 87694 (E.D.N.Y. 2014).

Opinion

MEMORANDUM & ORDER

PAMELA K. CHEN, District Judge:

Plaintiff Philomena Cindy Rinaldi (“Ri-naldi”) brings this action against her former employer Quality King Distributors, Incorporated (“Quality King”) for terminating her employment in violation of the Americans with Disabilities Act (“ADA”) and the New York State Human Rights Law (“NYSHRL”), and for interfering with her rights under, and retaliating against her in violation of, the Family and Medical Leave Act (“FMLA”). Plaintiff alleges that she was discouraged from using FMLA leave, and terminated based on her use of such leave and because of her disability. Quality King defends its actions primarily on the basis that Plaintiffs chronic unexcused absenteeism rendered her unable to perform the essential functions of her job, and constituted a nondiscriminatory, non-retaliatory justification for her termination.

Presently before the Court are the parties’ crosS-motions for summary judgment. Because the undisputed facts demonstrate that Plaintiffs excessive and unpredictable absenteeism prevented her from perform[221]*221ing the essential functions of her job, with or without reasonable accommodation, Ri-naldi has failed to make out a claim of disability discrimination. Further, because Rinaldi was never discouraged from taking, or penalized for taking, FMLA leave, her claims for interference and retaliation under the FMLA also fail.

Accordingly, Quality King’s motion for summary judgment (Dkt. 30) is granted, and Rinaldi’s cross-motion for summary judgment (Dkt. 29) is denied.

BACKGROUND

I. Relevant Facts

The following facts are undisputed except where otherwise noted.

A. The Actors

Quality King is a company that sells health and beauty products to retailers throughout the United States. (Def. 56.11 ¶ 1.)2 GSN Trucking (“GSN”) is a Quality King subsidiary that employs the truck drivers who deliver Quality King’s products. (Id. ¶ 2.) Some time prior to 2005,3 Rinaldi applied for and was hired as an assistant payroll clerk at GSN. (Id. ¶ 3.)

B. Rinaldi’s Employment at Quality King

In 2005, while at GSN, Rinaldi was promoted from assistant payroll clerk to payroll manager. (Id.) After her promotion, Quality King consolidated the GSN payroll department with the Quality King .payroll department and Quality King became Rinaldi’s employer. (Id. ¶ 4.) Despite the consolidation, Rinaldi’s job functions remained unchanged; she was still the payroll manager for all GSN employees, but she reported to the Human Resources Director at Quality King, Olga Lancaster (“Lancaster”). (Id. ¶ 5.) In addition to Rinaldi and Lancaster, the payroll department at Quality King had two other employees. (Id. ¶ 6.) One was Phy-lis Calderone (“Calderone”), Quality King’s payroll manager, who was responsible for coordinating payment to over 1,000 Quality King employees. (Id.) The other was Linda Semelrath (“Semelrath”), whom Quality King hired to serve as an “assistant” to Calderone and as a “backup” to Rinaldi. (PI. Tr.4 22-23; Cal. Tr.5 [222]*22215-16.) Rinaldi trained Semelrath to perform Rinaldi’s job function during Rinal-di’s absences from work. (Def. 56.1 ¶ 7.)

Rinaldi managed the weekly payroll of about 100 GSN trucking employees. (Id. ¶ 8.) Rinaldi’s job duties included processing'the driver route logs for all truckers and calculating the mileage pay, delivery pay, pickup pay, case count, breakdown pay, layover pay, and training pay to which each trucker was entitled for the previous week. (Id. ¶ 9.) During a typical week,' Rinaldi processed between 115 and 120 route logs. (Id. ¶ 10.) Although route logs were continuously submitted to the payroll department, the payroll department began processing these logs on Thursday afternoon. (Id. ¶ 11.) From Thursday afternoon until Tuesday afternoon, Rinaldi processed route logs one at a time. (Id. ¶ 12.) Beginning on Wednesday morning, Rinaldi entered the information she obtained from the logs into the payroll processing software. (Id. ¶ 13.) This information had to be submitted by 1 p.m. on Wednesday in order for a register to be created for Rinaldi to review and approve by 3 p.m. (Id. ¶ 14.) If Rinaldi did not meet these deadlines, GSN employees would not get paid. (Id. ¶ 15.) On Thursday mornings, Rinaldi personally stuffed paychecks into envelopes for GSN employees, and in the afternoon, she once again began processing route logs. (Id.)

In addition to payroll, Rinaldi also handled health insurance for all GSN employees, processed cash advance requests, kept track of vacation, sick timé, and absences, and submitted monthly reports to the Accounting Department. (Id. ¶ 16.)

C. Quality King Discrimination and Retaliation Policies

When Rinaldi began working at Quality King, she received a copy of the Employee Handbook (the “Handbook”), which contains policies on discrimination, the FMLA, and attendance. (Id. ¶ 17.) Ri-naldi signed a document acknowledging receipt of these policies, and, in connection with this litigation, has testified that she understood them. (Id. ¶ 18.) The Handbook sets forth Quality King’s policy prohibiting all forms of employment discrimination, including disability discrimination. (Id. ¶ 19.) The policy “related to all terms and conditions of employment, including ... discipline, ... leaves of absence, ... and other working conditions.” (Id. ¶ 20.) The Handbook invites employees with disabilities to alert Quality King of the need for an accommodation and further states that Quality King would “be happy to work with [employees] to make [their] job[s] easier and more productive in full compliance with any applicable legal requirements to make reasonable accommodations....” (Id.) The Policy states that employees “are encouraged to bring these [questions or concerns] to the attention of their immediate supervisor and the Human Resources Department.” (Id. ¶ 21.) Quality King’s policy also prohibits retaliation against employees who complain about discrimination, and the Handbook assures employees that they “can raise concerns and make reports without fear of reprisal.” (Id. ¶ 22.)

D. Quality King’s FMLA Policy

Quality King employees who worked over 1,250 hours the previous year are eligible for a maximum of 12 weeks of medical leave pursuant to Quality King’s FMLA policy. (Id. ¶ 23.) The policy also states that “[u]npaid leave must be granted for ... a serious health condition that make[s] the employee unable to perform the employee’s job.” (Id. ¶ 24.) At either “the employee or employer’s option, certain kinds of paid leave may be substituted for unpaid leave.” (Id. ¶ 25.) Further, [223]*223“[t]he employee may be required to provide advance leave notice and medical certification” and “leave may be denied if requirements are not met.” (Id. ¶ 26.)

The FMLA section of the Handbook also states that employees will be “restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.” (Id.

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Bluebook (online)
29 F. Supp. 3d 218, 2014 WL 2917035, 2014 U.S. Dist. LEXIS 87694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rinaldi-v-quality-king-distributors-inc-nyed-2014.