Tudor v. Whitehall Central School District

CourtDistrict Court, N.D. New York
DecidedJuly 12, 2022
Docket1:18-cv-00826
StatusUnknown

This text of Tudor v. Whitehall Central School District (Tudor v. Whitehall Central School District) is published on Counsel Stack Legal Research, covering District Court, N.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tudor v. Whitehall Central School District, (N.D.N.Y. 2022).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________ ANGEL TUDOR, 1:18-cv-826 Plaintiff, (GLS/CFH) v. WHITEHALL CENTRAL SCHOOL DISTRICT, Defendant. ________________________________ APPEARANCES: OF COUNSEL: FOR THE PLAINTIFF: Law Office of Patrick Sorsby PATRICK SORSBY, ESQ. 1568 Central Avenue, 1st Floor Albany, NY 12205 FOR THE DEFENDANT: Girvin & Ferlazzo, P.C. SCOTT P. QUESNEL, ESQ. 20 Corporate Woods Boulevard Albany, NY 12211-2350 Gary L. Sharpe Senior District Judge MEMORANDUM-DECISION AND ORDER I. Introduction Plaintiff Angel Tudor commenced this action against Whitehall Central School District, alleging claims pursuant to the Americans With Disabilities Act (ADA),1 Family and Medical Leave Act (FMLA),2 and state law. (Compl., Dkt. No. 1.) Pending is the District’s motion for summary

judgment. (Dkt. No. 53.) For the reasons that follow, the motion is granted in part and denied in part, as described below. II. Background

A. Facts3 The District is a public school district located in Washington County, New York. (Def.’s Statement of Material Facts (SMF) ¶ 1, Dkt. No. 53,

Attach. 1.) Tudor is an employee of the District, who served initially as a substitute teacher and now as a full-time teacher. (Id. ¶ 2.) On September 29, 2015, Tudor provided the District with a letter from her medical provider, Richard Moffitt, which stated that Tudor suffered from post-

traumatic stress disorder (PTSD) and required disability accommodations.

1 See 42 U.S.C. §§ 12101-213. 2 See 29 U.S.C. §§ 2601-54. 3 Unless otherwise noted, the facts are not in dispute. To the extent Tudor disputes any of the facts asserted by the District, but fails to cite to a fact in the record that shows an actual dispute, the fact will be deemed admitted pursuant to Local Rule 56.1(b). Further, to the extent Tudor asserts additional facts or make arguments in her responsive paragraphs that do not directly dispute the facts alleged in the District’s statement, these “facts” and arguments will not be considered in connection with this summary judgment motion “because they have not been submitted through the procedure outlined by N.D.N.Y. L.R. [56].” See Lomonoco v. Saint Anne Inst., No. 1:15-CV-1163, 2018 WL 2324051, at *1 (N.D.N.Y. May 22, 2018). 2 (Id. ¶¶ 13-14.4) Tudor and the District then engaged in a period of correspondence regarding Tudor’s PTSD, which ultimately did not result in

any accommodations being provided by the District for the 2015-2016 school year. (Id. ¶ 15-23; Dkt. No. 53, Attach. 12.) On September 15, 2016, Tudor and the District resumed correspondence regarding her PTSD

and need for accommodation, which continued for months. (Def.’s SMF ¶¶ 32, 34-36, 38-46, 56-61, 99, 116) Tudor requested the ability to leave campus twice a day for fifteen minutes, and the District ultimately allowed her to leave campus during her lunch period. (Dkt. No. 53, Attach. 46.)

Tudor filed a charge with the EEOC on November 2, 2016, alleging that the District “resisted” and “fail[ed]” to provide her with her disability accommodations, and, on October 6, 2016, Tudor requested FMLA leave

due to her PTSD until “the end of December,” which the District granted. (Def.’s SMF ¶¶ 47-50, 89; Dkt. No. 53, Attach. 14.) On December 9, 2016, Tudor informed the District that she had been cleared by her doctor to

return to work on December 19, 2016, however the District required her to remain on leave until January 3, 2017, the first day of school after holiday

4 Although Tudor disputes a portion of the facts in this paragraph of the District’s statement of material facts, the facts cited here are not disputed. 3 recess. (Def.’s SMF ¶¶ 52-55.) Tudor returned to work on January 3, 2017. (Id. ¶ 61.)

Shortly thereafter, the District met with Tudor to discuss the potential for Tudor to leave the campus twice a day to accommodate her PTSD. (Id. ¶¶ 62-66.) On January 23, 2017, the District sent Tudor a letter that

informed her that it could not provide her with the exact accommodation she was requesting (two fifteen-minute breaks to leave campus, one in the morning and one in the afternoon), but that she could leave campus during her “prep” period and she could continue to take a break during her lunch

period. (Id. ¶ 68; Dkt. No. 53, Attach. 47.) Tudor remained at work for the rest of the 2016-2017 school year with this arrangement in place. (Def.’s SMF ¶ 70.)

During the following summer recess, Tudor was placed on a “Teacher Improvement Plan” (TIP), and, later that summer, she was informed that her teaching schedule for the coming year would be

structured in such a way that she would not be able to take a break and leave campus in the morning. (Id. ¶¶ 72, 75-77.) To resolve this issue for the 2017-2018 school year, the District arranged for a school librarian to relieve Tudor for fifteen minutes in the morning which permitted Tudor to

4 take a break and leave campus. (Id. ¶¶ 78-80.) However, Tudor asserts that she was often unable to take this break because the librarian was

unavailable. (Pl.’s Statement of Material Facts (SMF) ¶¶ 78-80, Dkt. No. 55; Dkt. No. 56, Attach. 1 at 206.) When Tudor raised concerns about the inadequacy of this arrangement, she alleges that her principal stated

“[w]ell, that’s your problem.” (Pl.’s SMF ¶¶ 71, 78; Dkt. No. 56, Attach. 1 at 206.) On May 1, 2018, Tudor’s principal issued two “letters of counsel” to Tudor. (Def.’s SMF ¶ 88.) B. Procedural History

After Tudor filed her complaint, (Compl., Dkt. No. 1), the District moved to dismiss, (Dkt. No. 4). The following claims survived: (1) ADA failure to accommodate; (2) ADA retaliation; (3) Her “federal labor law”

claim (FMLA); and (4) defamation. (Dkt. No. 13 at 1 n.1, 11.) Tudor’s defamation claim has since been withdrawn. (Dkt. No. 63, Attach. 1.) The District now seeks summary judgment on the remaining claims. (Dkt.

No. 53.) III. Standard of Review The standard of review pursuant to Fed. R. Civ. P. 56 is well established and will not be repeated here. For a full discussion of the

5 standard, the court refers the parties to its decision in Wagner v. Swarts, 827 F. Supp. 2d 85, 92 (N.D.N.Y. 2011), aff’d sub nom. Wagner v.

Sprague, 489 F. App’x 500 (2d Cir. 2012). IV. Discussion A. Failure to Accommodate

With respect to Tudor’s failure to accommodate claim, the District argues she has failed to establish that she is a person with a disability within the meaning of the ADA, and, alternatively, that the District provided

her with her requested accommodations and there was no unreasonable delay in doing so.5 (Dkt. No. 53, Attach. 2 at 10-16.) Tudor argues that the District refused to reasonably accommodate her because the faculty member who was supposed to relieve Tudor in order for her to take her

morning fifteen-minute break “was not always there,” and that the District’s delay of four months in granting her requested accommodation constructively denied her of the accommodation for this period. (Dkt.

No. 626 at 18-20.) Because a reasonable jury could conclude based on 5 The District also argues that “[Tudor] cannot show that, with reasonable accommodation, she could perform the essential functions of the job at issue,” (Dkt. No. 53, Attach. 2 at 10), but does not develop this argument further. 6 Tudor is directed to Rule 7.1(b)(1) of the Local Rules of Practice, requiring “[n]o party . . .

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