Stragapede v. City of Evanston

125 F. Supp. 3d 818, 2015 U.S. Dist. LEXIS 114985, 2015 WL 5117074
CourtDistrict Court, N.D. Illinois
DecidedAugust 28, 2015
DocketNo. 12 C 08879
StatusPublished
Cited by6 cases

This text of 125 F. Supp. 3d 818 (Stragapede v. City of Evanston) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stragapede v. City of Evanston, 125 F. Supp. 3d 818, 2015 U.S. Dist. LEXIS 114985, 2015 WL 5117074 (N.D. Ill. 2015).

Opinion

Memorandum Opinion and Order

Honorable. Edmond E. Chang, United States District Judge

Plaintiff Biagio “Gino” Stragapede alleges that -his former employer, Defendant City of Evanston, discriminated against him in violation of the American^ with ■Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.1 After a week-long trial, the jury found in favor of Stragapede and awarded him ■ $225,000 in compensatory damages, that is, ’ damages for emotional pain and suffering, both past and future. R. 127, March 13, 2015' Minute Entry. The issue of equitable remedies — back pay and front pay — -was reserved for the Court. R. 105, Feb. 22; 2015 Pretrial Order at 1. On June 9, 2015, the Court held an evidentiary hearing on damages. R. 144, June 9, 2015 Minute Entry. Both parties submitted pre-hearing and post-hearing briefs to support their arguments. R. 137, PL’s Pre-Hrg. Br.; R. 140, Def.’s Pre-Hrg. Resp. Br.; R. 147, PL’s Post-Hrg Br.; R. 148, Def.’s Post-Hrg. Resp. Br.; R. 149, PL’s [822]*822Post-Hrg. Reply Br. For the reasons discussed below, the Court finds that Stragapede is entitled to $354,070.72 in back pay plus post-judgment interest. Stragapede is not entitled to an award of front pay.

I. Findings of Fact

Gino Stragapede began working as a water service worker for the City of Evanston in 1996.2 In 2009, Stragapede suffered a non-work-relatéd head injury that required months of medical care and left him with some residual memory and cognitive problems. After his recovery, Stragapede asked the City if he could return to work. The City first asked Stragapede to get a fitness-for-duty evaluation administered by a neurologist, who concluded that Stragapede would be able to return to work after a supervised work trial. Stragapede passed the work trial,-and he was reinstated as a water service worker in June 2010.

When he was working at the City of Evanston, Stragapede’s salary was governed by the collective bargaining agreement between the City and the American Federation of State, County, and Municipal Employees. See Pl.’s Exh. 9, Union Contract. That agreement sets forth- the -rates of pay and schedules for longevity raises for union workers like Stragapede. Id. Stragapede also often worked overtime throughout his years as a water. service worker. He would volunteer for overtime assignments and enjoyed bringing home extra money to support his family. In addition to wages and overtime, Stragapede received health insurance and contributed to a pension plan. The City also made contributions to Stragapede’s pension.. R. 134, Proposed Pre-Hrg. Order at 3 (“During the years 2009-2015, the City paid between 8.5% to 11.79% on behalf of eligible .City employees to the Illinois Municipal Retirement Fund.”).

Less than a month after Stragapede returned to work, the City placed him on administrative leave pending an assessment of his ability to perform his essential job functions. -Stragapede’s supervisors had supposedly become concerned with his performance. They testified about Stragapede’s difficulty with using his laptop in the field, his alleged distracted driving, his alleged failure to complete various tasks, and his alleged frequent returns to the water plant. Stragapede acknowledged that he had some limitations- due to his brain injury, bút he claimed that he could still perform the 'essential functions of his job with simple accommodations. Shortly after Stragapede was placed on administrative leave, the communications between Stragapede and the City broke down. In September 2010, the City fired Stragapede. After a weeklong trial, a jury concluded, that Stragapede was qualified to perform the essential functions of his job with reasonable accommodations, and that Evanston, fired -him because of his disability. March 13, 2015 Minute Entry. ,

After he was fired,'Stragapede started to look for’ work. PL’s Exh. 10, Stragapede Applications. He submitted two applications in the remaining months of 2010, roughly forty applications in 2011, and ten applications in 2012. Id. at-164-267. Although Stragapede continued to receive emails about available jobs in 2013, he did [823]*823not present evidence that he submitted any more applications. See id. at 269-341. At trial, Stragapede’s wife, Geanine, testified that Stragapede stopped looking for work in 2013. Stragapede also testified that he stopped looking for work aggressively in 2012, though he still sometimes looks online for jobs. ■ Apart for a handful of temporary jobs, Stragapede has been unable to find work. Stragapede and his wife both believe, however, that he is capable of working despite his disability. Stragapede is also capable of learning new things, and he has developed new ways to cope with any memory or cognitive deficits that remain. Because Stragapede was unable to find full-time work, he and his wife have been paying their health-insurance costs out of pocket.. See PL’s Exh. 5, COBRA Payments; PL’s Exh. 6, Insurance Payments; PL’s Exh. 7, Medicare Payments; PL’s Exh. 21, Insurance Cost Summary.

II. Legal Standard

The ADA incorporates the remedies for employment discrimination provided by Title VII of the Civil Rights Act. 42 U.S.C. § 12117(a) (adopting, among other provisions, 42 U.S.C. § 2000e-5(g)(l)). Under Title VII, once a district court has found that an employer has intentionally engaged in an unlawful employment practice can order back pay, reinstatement, and “any other equitable relief as the court deems appropriate.” 42 U.S.C. § 2000e-5(g)(1). If reinstatement is inappropriate, a court can award front pay to a victim of employment discrimination. Williams v. Pharmacia, 137 F,3d 944, 952 (7th Cir.1998) (“As the equivalent of reinstatement, front pay falls squarely within the statutory language [of § 2000e-5(g)(l) ] authorizing ‘any other equitable relief.’”). Because they are equitable remedies, any award of back pay and front pay is to be decided by the court. See David v. Caterpillar, Inc., 324 F.3d 851, 865 (7th Cir.2003) (“The district court has broad equitable discretion to fashion back pay awards to make the Title VII victim whole.”); Pals v. Schepel Buick & GMC Truck, Inc., 220 F.3d 495, 499-501 (7th Cir.2000) (“Back pay and front pay are equitable remedies ... and therefore matters for the judge.”); Williams, 137 F.3d at 951-52 (approving of a district court’s conclusion that front pay is an equitable remedy and a matter for the court to decide). “The district court has broad equitable discretion to fashion back pay awards to make the [discrimination] victim whole.” David, 324 F.3d at 865.

III. Back Pay

Once the jury has found that there has been employment discrimination, there is a presumption that the employee is entitled to an award of back pay. See David, 324 F.3d at 865; E.E.O.C. v. Gurnee Inn Corp., 914 F.2d 815, 817-18 (7th Cir.1990). The claimant must establish the amount of damages, but he is presumptively entitled to full relief. Hutchison v. Amateur Elec. Supply, Inc.,

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Bluebook (online)
125 F. Supp. 3d 818, 2015 U.S. Dist. LEXIS 114985, 2015 WL 5117074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stragapede-v-city-of-evanston-ilnd-2015.