Solomon v. School District of Philadelphia

882 F. Supp. 2d 766, 25 Am. Disabilities Cas. (BNA) 1732, 2012 U.S. Dist. LEXIS 33122, 2012 WL 831959
CourtDistrict Court, E.D. Pennsylvania
DecidedMarch 12, 2012
DocketCivil Action No. 10-3221
StatusPublished
Cited by22 cases

This text of 882 F. Supp. 2d 766 (Solomon v. School District of Philadelphia) 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
Solomon v. School District of Philadelphia, 882 F. Supp. 2d 766, 25 Am. Disabilities Cas. (BNA) 1732, 2012 U.S. Dist. LEXIS 33122, 2012 WL 831959 (E.D. Pa. 2012).

Opinion

MEMORANDUM

DALZELL, District Judge.

Plaintiff Sharyn Solomon (“Solomon”) sues defendant School District of Philadelphia (the “District”), asserting claims under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101, et seq., § 504 of the Rehabilitation Act (“ § 504”), 29 U.S.C. § 794, and the Pennsylvania Human Relations Act (“PHRA”), 43 Pa. Stat. § 955(a). Solomon alleges that the District failed to accommodate her “musculoskeletal and neurological problems,” Pl.’s Compl. ¶ 22, discriminated against her based on these problems, and then retaliated against her for seeking accommodations and filing a complaint with the EEOC.

The District filed a motion for summary judgment challenging Solomon’s claims that has now been fully briefed.1 For the reasons we articulate below, we will grant the District’s motion in part.

I. Factual Background Fed.R.Civ.P. 56(a) provides that “[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 a matter of law,” and Rule 56(c) elaborates that “[a] party asserting that a fact cannot be or is genuinely disputed must support the assertion by: (A) citing to particular parts of materials in the record ...; or (B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.” We will thus present the facts as to which the parties agree, pausing occasionally to note areas of factual disagreement.

A. Solomon’s Career With The District

Solomon began working at the District in the early 1970s, Def.’s Stmt, of Facts (“Def.’s Stmt.”) ¶A-l2; PL’s Resp. to Def.’s Stmt. (“PL’s Resp.”) ¶ A-l. According to Solomon, she was transferred to Greenberg Elementary School (“Green-berg”) in 1975. PL’s Resp. ¶ A-2 (citing Def.’s Ans. ¶20). The District employed Solomon as a special education teacher. Def.’s Stmt. ¶ A-3; PL’s Resp. ¶ A-3. Shortly after her transfer to Greenberg, Solomon was assigned to Room 213, located on the second floor of the building. Def.’s Stmt. ¶ A-4; PL’s Resp. ¶ A-4. During the years that Solomon worked in this classroom — until 2007 — she never complained of any disability or identified any restrictions that prevented her from accessing the room. Def.’s Stmt. tA-10; PL’s Resp. ¶ A-10.

B. The District’s Decision To Relocate Solomon’s Class .

In 2005, Gina Hubbard (“Hubbard”) became principal of Greenberg. Def.’s Stmt. ¶8-1; PL’s Resp. ¶ B-l. In October of 2007, the District notified Hubbard that a new autistic support program would begin [770]*770operating at Greenberg in November of that year, and that she needed to choose a classroom to house the program. Def.’s Stmt. ¶¶ B-2 to B-3; Pl.’s Resp. ¶¶ B-2 to B-3.

Hubbard testified that in initially identifying the classroom she considered guidelines for special education classrooms, the school’s layout, the need to keep grades physically close to each other, the age of students in the program, and the need to avoid isolating special needs students from their peers. Def.’s Stmt. ¶ B-4; PL’s Resp. ¶ B-4. After considering several rooms and consulting a few teachers, Hubbard chose Room 213 to house the program. Def.’s Stmt. 1HIB-5 to B-6; PL’s Resp. ¶¶ B-5 to B-6.

According to Hubbard, Room 213 was the most desirable location for the new autistic program because it was large and was located near the kindergarten and first-grade classrooms. Furthermore, relocating Solomon’s class would create the least disturbance for the school as a whole, since the class had fewer students than classes in the other rooms Hubbard considered. Def.’s Stmt. ¶ B-7 (citing Ex. C to Defi’s Stmt. (“Hubbard Dep.”)3 at 68-69). Solomon disagrees that Room 213 was the most desirable location for the new program, inasmuch as the program did not require a large class space, PL’s Resp. ¶ B-7 (citing Ex. E to Defi’s Stmt, at 42-43). Solomon also disagrees that placing the program in Room 213 would have created the least disturbance for the school in general since (1) Solomon’s class required many materials that would not fit in a smaller room,4 id. (citing Ex. D to Def.’s Stmt. (“Solomon Dep.”) at 80), and (2) at least one parent5 objected to moving Solomon’s class. Id. (citing Ex. P-9 to PL’s Resp.). The parties agree, however, that autistic support classes are typically placed on the first or second floor of a school, and that Henry Gross, the Director of Special Education for the Northeast Region (presumably, in the District), determined that Room 213 was appropriate for the program after completion of an inspection.6 Def.’s Stmt. ¶¶ B-8 to B-9; PL’s Resp. ¶¶ B-8 to B-9.

On October 9, 2007, Hubbard sent a memorandum to Solomon advising that her [771]*771classroom had been reassigned from Room 213 to Room 3117 — which was located on the third floor of Greenberg. Def.’s Stmt. ¶¶0-1, B — 11; Pl.’s Resp. ¶¶ C-l, B-ll. Room 311 was comparable in size to the classrooms of other resource room teachers, Def.’s Stmt. ¶ B — 13; PL’s Resp. ¶ B-13. Hubbard also testified that Room 311 was appropriate for Solomon’s class because she only had a limited number of students, Def.’s Stmt. ¶ B-15 (citing Hubbard Dep. at 68), though Solomon denies that she had a smaller number of students. PL’s Resp. ¶ B-15 (citing Solomon Dep. at 238). Hubbard’s memorandum offered the services of the school engineering staff to assist Solomon in moving classrooms. Def.’s Stmt. ¶ C-2; PL’s Resp. ¶ C-2.

By October 18, 2007, Solomon had not begun the process of preparing to transfer classrooms, and that day Hubbard sent her a second memorandum setting a deadline of October 31, 2007 for the completion of the move. Def.’s Stmt. ¶¶ C-3 to C — 4; PL’s Resp. ¶¶ C-3 to C-4. Solomon never complied with Hubbard’s requests to move and made no steps toward moving. Def.’s Stmt. ¶ C-5 (citing Solomon Dep. at 65-66).8 Instead, she wrote letters to Hubbard and orally protested the move. Id. ¶0-1 (citing Solomon Dep. at 80). On either October 18 or 19, 2007, Solomon told Hubbard that Room 311 was too small for her class because her supplies would not fit in the new room. Def.’s Stmt. ¶ D-3; PL’s Resp. ¶ D-3. On October 24, 2007, Solomon wrote an email to Hubbard explaining that “[i]t would be beneficial to remain in my present classroom” and that “[i]f I am not able to work in a classroom of equal size, then it is impossible to bring the inventory in my current room to a room that cannot and is not equipped to house my resources. Therefore, it will affect my ability to teach.” Ex. I to Def.’s Stmt. Notably, Solomon did not state that she would prefer to work on a particular floor, Def.’s Stmt. ¶ D-5; PL’s Resp. ¶ D-5, and her email did not mention any physical impairments or any need for accommodations. Def.’s Stmt, at 5 (citing Ex. I to Def.’s Stmt.). On November 7, 2007, Hubbard sent Solomon a memorandum directing her to complete her move by that same day, Def.’s Stmt. ¶ F-l (citing Ex.

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882 F. Supp. 2d 766, 25 Am. Disabilities Cas. (BNA) 1732, 2012 U.S. Dist. LEXIS 33122, 2012 WL 831959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/solomon-v-school-district-of-philadelphia-paed-2012.