Schneider v. Philadelphia Gas Works

223 F. Supp. 3d 308, 33 Am. Disabilities Cas. (BNA) 217, 2016 WL 6994939, 2016 U.S. Dist. LEXIS 164861
CourtDistrict Court, E.D. Pennsylvania
DecidedNovember 30, 2016
DocketCIVIL ACTION NO. 15-3129
StatusPublished
Cited by9 cases

This text of 223 F. Supp. 3d 308 (Schneider v. Philadelphia Gas Works) 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
Schneider v. Philadelphia Gas Works, 223 F. Supp. 3d 308, 33 Am. Disabilities Cas. (BNA) 217, 2016 WL 6994939, 2016 U.S. Dist. LEXIS 164861 (E.D. Pa. 2016).

Opinion

MEMORANDUM

Tucker, C.J.

Presently before the Court are Defendant’s Motion for Summary Judgment (Doc. 21), Plaintiffs Opposition to Defendant’s Motion for Summary Judgment (Doc. 27), Plaintiffs Response to Defendant’s Statement of Material Facts (Doc. 28), Defendant’s Reply to Plaintiffs Response to Motion for Summary Judgment (Doc. 29), and Plaintiffs Sur-Reply Brief in Further Opposition to Defendant’s Motion for Summary Judgment (Doc. 33). Upon consideration of the parties’ motions and for the reasons set forth below, Defendant’s Motion for Summary Judgment is DENIED.

I. FACTUAL BACKGROUND

In his Complaint, Plaintiff James Schneider (“Plaintiff’) alleges that his employer, Defendant Philadelphia Gas Works (“Defendant”), violated the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq, (“ADA”) and the Pennsylvania Human Relations Act, 43 P.S. § 951, et seq. (“PHRA”). Plaintiff alleges Defendant violated the ADA and PHRA by (1) discrimi[313]*313nating against him on the basis of his disability and failing to accommodate his disability, and (2) retaliating against Plaintiff for requesting reasonable accommodation.

Plaintiff worked for Defendant from July 16, 2003 to May 13, 2014. Compl. ¶ 10 (Doc. 1). During that time, Plaintiff held various positions and was promoted three times. Id. at ¶ 11. Plaintiff last held the position of Personnel Supervisor. Id. Plaintiffs job responsibilities included sedentary work, such as coordinating the schedules of Defendant’s service technicians. Def.’s Mot. Summ. J., Ex. B (Doc. 21).

On or about October 7, 2013, Plaintiff suffered a heart attack caused by his Cardiac Artery Disease (“CAD”). Compl. ¶ 12. On October 9, 2013, Plaintiff contacted his supervisor Lisa Wooding, told her about his disease, and requested a medical leave of absence to accommodate his CAD disability. Id. at ¶ 13. Defendant asserts Plaintiff told Wooding that he had suffered a heart attack and requested to take a medical leave without discussing his disability. Answer ¶ 13 (Doc. 5).

Plaintiff claims that between October 9, 2013 and April 2014 he updated Defendant about his condition at least once a week. Compl. ¶ 14; Pl.’s Resp. Def.’s Mot. Summ. J., Ex. A, 68:4-16; 109:17-22 (Doc. 27). Conversely, Defendant claims that Plaintiff was absent between October 2013 and December 2013, and failed to submit requisite documents accounting for his absence during that time. Def.’s Mot. Summ. J., Ex. D PGW000275. On or about December 5, 2013, Plaintiff claims he faxed Defendant about his condition and his desire to return to work after meeting with his cardiologist, Dr. McDonald. Compl. ¶14. Defendant claims this fax was a copy of Plaintiffs application for short-term disability benefits through his insurance provider Cigna, stating that Plaintiff “cannot return to work” and no accommodations would allow him to return at that time. Def.’s Mot. Summ. J., Ex. A, 76:12-23; Ex. E.

In January 2014, Plaintiff sent a second Cigna form to Defendant’s medical department. Def.’s Mot. Summ. J., Ex. F. On March 10, 2014, Plaintiff sent an updated letter' to Cigna, asserting his inability to work at that time. Def.’s Mot. Summ. J., Ex. LL. On March 26, 2014, Defendant sent Plaintiff a letter requesting an update about his condition. Pl.’s Resp. Def.’s Mot. Summ. J., Ex. E. In response, Plaintiff sent a doctor’s note indicating the next update would be available on May 15, 2014. PL’s Resp. Def.’s Mot. Summ. J., Ex. F. On April 24, 2014, Plaintiff received a letter from Defendant requesting a return-to-work date, diagnosis, and prognosis. Compl. 1116. The letter stated that failure to provide this information by May 5, 2014 would result in termination.

A. April 25, 2014 Phone Call

On April 25, 2014, Plaintiff called Defendant’s Director Gioioso to discuss the April 24th letter. Plaintiff claims that he informed Gioioso that he could likely return to work on light duty status after his May 15, 2014 appointment. PL’s Resp. Def.’s Mot. Summ. J., Ex. A, 114:12-21. Gioioso replied that “as a company [we] cannot wait for [you] to come back to work[,]” and that Defendant’s physician stated the job was too stressful for him. Id. at 117:1-14. Gioioso claimed Plaintiff had no other options and that a termination letter would be sent in the mail. Id. at 181:15-18. Plaintiff believed the April 25th phone call effectively terminatéd him, and requested to remain on Defendant’s insurance plan until he was added to his wife’s insurance. Compl. ¶ 17.

Defendant claims that Plaintiff told Gioi-oso during the call that he could not come [314]*314back to work at all. Pl.’s Resp. Def.’s Mot. Summ. J., Ex. B, 42:19-43:19. Gioioso testified that Plaintiff stated that he knew he would get medically separated and requested to remain on Defendant’s insurance plan until he was added to his wife’s insurance plan. Id. Gioioso claims he agreed Plaintiff could remain on the plan, and that a termination letter would be sent out once Plaintiff was successfully added to his wife’s plan. Def.’s Mot. Summ. J., Ex. V, 43:16-19.

Plaintiff received the termination letter on May 13, 2014, and was subsequently replaced at work by a non-disabled individual, Compl. ¶¶ 18-19. In September 2014, Plaintiff contacted John Roomey, a former supervisor, about open positions. Pl.’s Resp. Def.’s Mot. Summ. J., Ex, A, 160:19-20. Roomey contacted Gioioso stating Plaintiff had “a clean bill of health” and Gioioso replied he doubted Plaintiff had a clean bill of health. Pl.’s Resp. Def.’s Mot. Summ. J., Ex. B, 54:1-3.

II. STANDARD OF REVIEW

Under Federal Rule of Civil Procedure 56, “[t]he court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as matter of law.” A “material” fact' is one “that might affect the outcome of the suit under the governing law[.]” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A dispute over a material fact is “genuine” if “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Id.

The movant has the initial “burden of identifying specific portions of the record that establish the absence of a genuine issue of material fact.” Santini v. Fuentes, 795 F.3d 410, 416 (3d Cir. 2015). “Where the defendant is the moving party, the burden is on the defendant to show that the plaintiff has failed to establish one or more essential elements of [his] case.” Burton v. Teleflex Inc., 707 F.3d 417, 425 (3d Cir. 2013). If the movant sustains its initial burden, “the burden shifts to the nonmoving party to go beyond the pleadings and ‘come forward with specific facts showing that there is a genuine issue for trial.’ ” Santini, 795 F.3d at 416 (internal quotation marks omitted) (quoting Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct.

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Bluebook (online)
223 F. Supp. 3d 308, 33 Am. Disabilities Cas. (BNA) 217, 2016 WL 6994939, 2016 U.S. Dist. LEXIS 164861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schneider-v-philadelphia-gas-works-paed-2016.