Stewart v. County of Salem

274 F. Supp. 3d 254
CourtDistrict Court, D. New Jersey
DecidedMarch 31, 2017
Docket1:15-cv-01653-NLH-AMD
StatusPublished
Cited by15 cases

This text of 274 F. Supp. 3d 254 (Stewart v. County of Salem) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stewart v. County of Salem, 274 F. Supp. 3d 254 (D.N.J. 2017).

Opinion

OPINION

HILLMAN, District Judge

Presently before the Court is the motion of Defendant for summary judgment on Plaintiffs disability discrimination claims. For the reasons expressed below, Defendant’s motion will be denied.

BACKGROUND

In November 2000, Plaintiff Ida Stewart began working for Defendant Salem County as a Corrections Officer. In May 2007, Plaintiff was involved in an automobile accident and suffered a broken neck and sternum and shattered her right ankle. Plaintiffs ankle was reconstructed using pins, rods and plates.

In February 2008, Plaintiff returned to work with medical restrictions. Plaintiff’s doctor ordered that she was not permitted to work more than a 12-hour shift, she could not wear a stab-proof vest, have contact with inmates, or climb stairs. By the end of 2009, Plaintiffs doctor removed her restrictions except for the restrictions that she could not climb stairs or work more than a 12-hour shift. These restrictions lasted through May 2013.

During the five years following Plaintiffs accident, the County and Plaintiff met annually for an “accommodation meeting.” Based on medical documentation, the County accommodated Plaintiffs restrictions by assigning her primarily to work in Central Control, which was an area that did not require step climbing or interaction with inmates. She also worked in the kitch[257]*257en, disciplinary unit, booking, infirmary, and female unit, positions that did .not require regular stair climbing but did require contact with inmates.'* Also during this time, Plaintiff was advised by her doctor that her ankle would never improve beyond its current status.

In March 2013, the County. advised Plaintiff that she was required to provide medical documentation substantiating her need for ongoing accommodations. In April 2013, Plaintiff was evaluated as part of a Functional Capacity Evaluation (FCE). The doctor, Minh Huynh, D.O., who reviewed the FCE results, determined that Plaintiff was able to climb stairs for “up to 1/3 of the day.” Based on a job description prepared by the Warden, Raymond Skrad-zinski, Dr. Huynh opined that Plaintiff could not perform the essential elements of her job because a corrections officer is required to “frequently” climb stairs, but Plaintiff was only able to “occasionally” climb stairs.

In May 2013, the County issued a “Preliminary Notice of Disciplinary Action,” which provided:

Subject has been on restricted duty status for several years as a result from injuries sustained in an off duty auto accident, on or about May 3, 2007. Specific limitations requested by her physician upon her return to work included 1) no inmate contact 2) no stairs 3) no overtime 4) desk work only. These accommodations were approved based on the Officer’s potential for recovery. On April 18, 2013, an occupational functionality assessment was performed on CO Stewart and the results confirmed that the permanent injuries to her ankle leave the Officer incapable of performing the essential functions of job.

(Docket No. 30-T at 24.)

Immediately after receiving the Notice, Plaintiff went bn FMLA leave for anxiety and mood swings. She returned to work on June 6, 20Í3. On August 16, 2013, in an agreement with the County, Plaintiff went on unpaid leave pending the determination of her disability pension application. Plaintiff filed her application on September 17, 2013, with a requested retirement date of October 1, 2013.

By March 2014, Plaintiff had been without pay and benefits for six months, she has not been permitted to apply for any other positions with the Salem County jail, and she still had not received a decision on her disability pension application. On March 13, 2014, Plaintiff submitted a letter of resignation to the County so that she could accept another job.

On February 23, 2015, the Division of Pensions and Benefits notified Plaintiff that' her disability pension application was denied. Even though Plaintiff was precluded from applying for other jobs during the pendency of her application, and she did not submit her letter of resignation until March 13, 2014, Plaintiffs pension application was denied because the Division considered Plaintiff to have been separated from employment as of August 2013.1

On August 4, 2014, Plaintiff filed a Charge of Discrimination with the. United States Equal Employment Opportunity Commission (EEOC). On February 24, 2015, the EEOC issued Plaintiff a Notice of Right to Sue. On March 5, 2015, Plaintiff filed á six-count complaint against the County, alleging that the County violated the New Jersey Law Against Discrimina[258]*258tion (NJLAD), N.J.S.A. §§ 10:5-1 et seq., and the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq., by wrongfully terminating her, failing to accommodate her, and constructively discharging her based on her disability.

The County has moved for summary judgment in its favor on all of Plaintiffs claims, arguing that Plaintiff does not suffer from a disability as defined by the NJLÁD and ADA. The County also argues that even if Plaintiff suffers from a disability, the County provided reasonable accommodations for her disability, but when it was determined that Plaintiff was unable to perform the essential' elements of her job—primarily relating to the requirement that she climb stairs “frequently”—the County was under no obligation to continue its accommodations and maintain Plaintiff as an employee.

‘Plaintiff has opposed the County’s motion, arguing that material disputed facts preclude the entry of summary judgment as to any of her claims. Plaintiff contends that she suffers from a disability covered by the NJLAD and the ADA. Plaintiff also argues that the corrections officer position only - requires “occasional” stair climbing, which she is capable of- performing. Plaintiff rejects Warden Skradzinski’s job description that mandates “frequent” stair climbing for the CO position, or the County’s argument that her assignment to Central Control and other “occasional” stair climbing duty stations on a permanent basis would be an unreasonable accommodation. Plaintiff, further argues that she was precluded from applying for any other vacancies in Salem County because all vacancies required no medical restrictions, and her permanent disability deemed her medically restricted. Plaintiff maintains that the County admitted that it was terminating her because of her disability, even though she could perform the essential elements of the CO position, and that her resignation letter served only to allow her to obtain other employment since it was clear that she was considered terminated as of August 2013.

DISCUSSION

A. Subject matter jurisdiction

The Court has jurisdiction of the subject matter of this action pursuant to 28 U.S.C. § 1331 because Plaintiff brings claims arising under federal law. The Court has supplemental jurisdiction over Plaintiffs state law claims pursuant to 28 U.S.C. § 1367.

B. Summary judgment standard

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
274 F. Supp. 3d 254, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-county-of-salem-njd-2017.