Vale v. Great Neck Water Pollution Control District

80 F. Supp. 3d 426, 31 Am. Disabilities Cas. (BNA) 619, 2015 U.S. Dist. LEXIS 6014, 2015 WL 248603
CourtDistrict Court, E.D. New York
DecidedJanuary 20, 2015
DocketNo. 14-cv-4229 (ADS)(SIL)
StatusPublished
Cited by56 cases

This text of 80 F. Supp. 3d 426 (Vale v. Great Neck Water Pollution Control District) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vale v. Great Neck Water Pollution Control District, 80 F. Supp. 3d 426, 31 Am. Disabilities Cas. (BNA) 619, 2015 U.S. Dist. LEXIS 6014, 2015 WL 248603 (E.D.N.Y. 2015).

Opinion

DECISION AND ORDER

SPATT, District Judge.

On July 9, 2014, the Plaintiff Shanna M. Vale (the “Plaintiff’) commenced this action against her former employer, the Defendant Great Neck Water Pollution Control District (the “Defendant”) for alleged violations of Title I of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), as amended by the ADA Amendments Act of 2008 (“ADAAA”).

On August 8, 2014, the Defendant moved, pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ. P.”) 12(b)(6), to dismiss the complaint for failure to state a claim upon which relief can be granted.

For the reasons set forth, the Court denies the Defendant’s motion to dismiss the complaint.

I. BACKGROUND

Unless stated otherwise, the following facts are drawn from the complaint and construed in a light most favorable to the non-moving party, the Plaintiff.

In late 2003, the Plaintiff interviewed for the civil service exempt position of Secretary to the Board of Commissioners of the Defendant. As part of the application process, the Plaintiff was advised that, if hired, she would report to, and take direction from, only the Board members. The Plaintiff was hired for that position.

On January 12, 2004, the Plaintiff began her employment with the Defendant. The duties of the Plaintiffs civil service exempt title included administrative and confidential work for the Board of the Defendant; communications with the Defendant’s consultants, suppliers, contractors, taxpayers and regulatory personnel; and general day-to-day office administration and to act as a liaison on behalf of the Board. In addition, the Plaintiff acted as a Health Benefits Administrator and processed enrollments, changes in status and terminations. She also oversaw the annual election process for the position of Commissioner.

The Plaintiffs position was exempt from civil service law, and it did not include [431]*431clerical work such as typing and dictation. However, the Plaintiff would type correspondence for the Board, take minutes at the weekly Board meetings, and maintain the Board’s confidential files. According to the Plaintiff, her performance was frequently complimented by the Board members and, due to her strong work performance, she received yearly salary increases. From 2004 through May 2010, the Plaintiff was not subject to any formal discipline by the Defendant and never received a performance evaluation.

On or about May 1, 2010, the Plaintiff, who is right handed, broke her right wrist outside of work. As a result, the Plaintiff was unable to work for approximately one week. She was also required to wear some type of brace on her right wrist for approximately one year.

The Plaintiff alleges that, as a result of this injury, it took her significantly more time to bathe and dress in the morning, and increased the amount of time it took her to prepare to leave for work. The Plaintiffs driving ability was compromised as well and it took her much more time to reach her destination. Routine household chores, such as laundry, allegedly became much more difficult for the Plaintiff because she could not lift or pull without great difficulty.

On or about May 4, 2010, the Plaintiff provided the Defendant with a medical note from Orlin & Cohen Associates LLP, the medical group that treated the Plaintiff for her broken wrist. The medical note stated that the Plaintiff could return to work on May 10, 2010 for “light duty” and that she should “refrain lifting until further notice.” (Compl., at ¶ 37.) When the Plaintiff returned to work after her injury, “she noticed that her papers were disrupted, personal items were missing and the lock to her desk draw had been broken.” (Id. at ¶ 38.) The Plaintiff, on information and belief, accuses Christopher Murphy (“Murphy”), the Superintendent, and Thomas Leake (“Leake”), the Business Manager, of causing or directing others to cause this disruption.

On or about May 18, 2010, less than 10 days after the Plaintiff returned to work, Murphy allegedly altered the Plaintiffs job duties, assigning her labor-intensive tasks that she claims only aggravated her medical condition. For instance, the Plaintiff was assigned to pull files, sometimes voluminous and heavy, and carry boxes. These job duties were apparently previously performed by Ann Marie Martinez, who held a clerical civil service title. The Plaintiff was also allegedly assigned certain cleaning and janitorial duties. The Plaintiff further alleges that she was now required to report to Murphy and Leake.

In November 2010, the Plaintiff reported to Commissioner Deena Lesser (“Lesser”) that the Defendant had changed her job duties following her return from her broken wrist.

That month, Murphy and Leake instituted disciplinary charges against the Plaintiff, allegedly in retaliation for the Plaintiffs report to Lesser. The disciplinary charges were purportedly based on the Plaintiffs alleged lateness.

Of relevance here, from January 12, 2004 until April 2, 2010, the Plaintiffs hours, as per the Board’s direction, were 8:30 a.m. to 4:30 p.m. In early April 2010, Murphy changed the Plaintiffs assigned hours to 8:00 a.m. to 4 p.m. When the Plaintiff returned to work from her injury in May 2010, she told Murphy that it would be difficult for her to be at work at 8:00 a.m. due to her injury. However, Murphy insisted that the Plaintiff arrive at work at 8:00 a.m.

From May 2010 until November 8, 2010, the Defendant never mentioned issues regarding attendance to the Plaintiff. Yet, [432]*432on November 9, 2010, the Plaintiff received a written reprimand stating that the Plaintiff had been late to work 49 times, although none of the alleged dates and times were provided. The Plaintiff reviewed and signed an acknowledgment that she received the written reprimand. The Plaintiff expressed her position that any lateness was due to her injury. The Plaintiff again allegedly requested, as a reasonable accommodation, the opportunity to arrive to work at 8:30 a.m. This request was denied.

Following the issuance of the written reprimand, the Plaintiff was allegedly never late for work except in instances of extremely poor weather conditions.

On October 1, 2011, the Defendant sent the Plaintiff a letter requesting that she provide updated information from her health care providers. On October 11, 2011, the Plaintiffs physician provided a note requesting that the Plaintiff be given a support cushion for her chair and not be required to lift more than five pounds or engage in any pulling.

The Plaintiff alleges that, in an attempt to force her to resign in retaliation for her complaint to Lesser, various supervisors began to harass her at work. For example, the Plaintiff claims that although she previously enjoyed her own windowed office, after suffering her injury, the Plaintiff was required to share a smaller workspace with another employee. The Plaintiff also claims that, unlike her colleagues, she was no longer permitted to keep notes and “post-its” on her work desks. She also alleges that Murphy and Leake took documents that the Plaintiff had marked as “Draft” and had not yet presented to her supervisors and falsely presented them as the Plaintiffs final work product.

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80 F. Supp. 3d 426, 31 Am. Disabilities Cas. (BNA) 619, 2015 U.S. Dist. LEXIS 6014, 2015 WL 248603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vale-v-great-neck-water-pollution-control-district-nyed-2015.