Zito v. Donahoe

915 F. Supp. 2d 440, 2012 WL 6739372, 2012 U.S. Dist. LEXIS 183173
CourtDistrict Court, S.D. New York
DecidedDecember 20, 2012
DocketNo. 10 Civ. 2223(VM)
StatusPublished
Cited by6 cases

This text of 915 F. Supp. 2d 440 (Zito v. Donahoe) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zito v. Donahoe, 915 F. Supp. 2d 440, 2012 WL 6739372, 2012 U.S. Dist. LEXIS 183173 (S.D.N.Y. 2012).

Opinion

DECISION AND ORDER

VICTOR MARRERO, District Judge.

Pro se plaintiff, Frank Zito (“Zito”), brought this action against defendant Patrick R. Donahoe (“Donahoe”), Postmaster General of the United States Postal Service (“USPS”), alleging claims of discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., (“Title VII”), and the Rehabilitation Act of 1973, 29 U.S.C. § 701, et seq., (“Rehabilitation Act”). Zito also alleges several claims that do not arise under the Rehabilitation Act, specifically that he was denied compensation and that he suffered- injury to his reputation due to actions taken by the USPS. USPS now moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.

FACTUAL BACKGROUND1

Zito worked for the USPS as an electronic technician from June 1991 to April 2007. From 1991 to 1993, Zito worked at the USPS Church Street Station (“Church Street”). From 1993 to July 2005, Zito [443]*443worked at the USPS Grand Central Station (“Grand Central”). In July 2005, Zito was reassigned to the Morgan Processing and Distribution Center (“Morgan”), where he was initially assigned to Tour 2 (the 8:00 a.m. to 4:00 p.m. shift). On October 15, 2005, Zito was reassigned to Tour 1 (the 12:00 a.m. to 8:00 a.m. shift), where he remained until he resigned on April 21, 2007.

On December 21,1990, prior to the start of his assignment at Church Street, Zito underwent a medical examination, conducted by Dr. Irene Chow (“I. Chow”). I. Chow referred Zito to a cardiologist for further examination. (See I. Chow Decl. ¶ 7; Ramirez-Fisher Deck Ex. 11 (Gov. 285)). Dr. Norman Shaftel (“Shaftel”) examined Zito. After consulting with Shaftel, I. Chow concluded that Zito should do “no heavy lifting and no strenuous work.” (Ramirez-Fisher Deck Ex. 11 (Gov. 87); See also I. Chow Deck ¶ 7). I. Chow marked that Zito had “heart disease with restriction or limitation of activity” corresponding to “Disability Code 81.” (Ramirez-Fisher Deck Ex. 11 (Gov. 288)). These findings were reported in Zito’s Medical Examination & Assessment form, PS Form 2485. (See Id.)

Thomas Caparro (“Caparro”) was Zito’s first line supervisor at Grand Central. Upon beginning work at Grand Central, Zito informed Caparro that he had some work restrictions due to his heart condition. Caparro accommodated Zito’s work restrictions by assigning Zito duties that did not require heavy lifting. Because Zito was able to complete all duties assigned to him with that accommodation, Caparro never asked Zito for medical documentation in support of his work restrictions.

On December 20, 2000, Caparro sent a letter to Kingsboro Medical Center requesting documentation of Zito’s heart condition in order to register Zito under the Family Medical Leave Act, 29 U.S.C. § 2601, et seq. On the same day, Zito submitted a letter, with a doctor’s note, requesting “light duty.” That request was granted. Caparro did not ask for further documentation in support of Zito’s work restrictions until December 2004, when Caparro presented Zito with a letter requesting updated documentation in accordance with USPS’s new “light duty policy” which required “current” medical documentation to support light duty assignments. (See Ramirez-Fisher Deck Ex. 15 (Gov. 489)). Zito refused to sign this letter or acknowledge its receipt. On January 3, 2005, Zito submitted a letter addressed generally to USPS in which he asserted his entitlement to accommodations in his work assignments, and cited the records of the 1990 pre-employment exam as support for that claim. (See Ramirez-Fisher Deck Ex. 5 (Gov. 526)).

In July 2005, Zito was transferred to Morgan and was assigned to Tour 2. On the first day of his new assignment, Zito presented his new supervisor, Ronald Gonzalez (“Gonzalez”), with the January 3, 2005 letter. He then requested that Gonzalez provide accommodations consistent with Dr. I. Chow’s findings as reflected in the 1990 PS Form 2485.

Neither Gonzalez nor Sadhoo Ramrup (“Ramrup”), another Tour 2 supervisor, had any familiarity with Zito’s previously submitted medical documentation, nor with the meaning of “disability code 81.” Gonzalez presented Zito with PS Form 3956, asking him to submit to a Fitness for Duty Examination (“FFDE”). Both Gonzalez and Ramrup testify in their sworn declarations that the goal of this FFDE was to verify Zito’s claim of health restrictions. While the results of this examination were pending, Gonzalez and Ramrup honored Zito’s request for accommodation.

[444]*444On August 10, 2005, Zito was examined by Dr. Susan Chow (“S. Chow”). S. Chow found that Zito had a heart murmur and she instructed him to provide updated medical information from his cardiologist. S. Chow gave Zito a form requesting documentation regarding the cause of his heart disease, the current status of his heart condition, information about prescribed medication, treatment plans, and any specific limitations or restrictions on his work. He was instructed to return to S. Chow on September 21, 2005 with the updated documentation. S. Chow provided Zito with a form letter to give to his doctor listing the specific documentation requested. (See Ramirez-Fisher Decl. Ex. 8 (Gov. 306)).

On September 21, 2005, Zito informed S. Chow by phone that he had left the form letter with his cardiologist, but Zito refused to answer any questions about whether he was planning to see the cardiologist or when he would deliver the requested documentation to S. Chow. Zito repeated that he did not want to answer any questions on the matter before speaking to his union representative at the time, Phil Rosso (“Rosso”).

For the rest of Zito’s time working on Tour 2 at Morgan, he was given assignments without regard to any work restrictions or accommodations. Zito adjusted his workflow accordingly. For example, rather than carry his entire toolbox, Zito carried only the tools he needed with him. Whenever Zito was unable to complete an assignment, he marked his assignment sheets to reflect this inability and returned them to his supervisor. Zito admits that he was never asked to complete assignments that he marked incomplete, though he claims he was given a “hard time” occasionally.

Gonzalez and Ramrup continued to tolerate Zito’s refusal to perform certain tasks, though Ramrup reminded Zito of his obligation to provide medical documentation. On October 4, 2005, Ramrup conducted a Preliminary Disciplinary Interview (“PDI”) to determine why Zito refused to provide medical documentation. At Rosso’s advice, Zito refused to answer any questions at the PDI. On October 21, 2005, Ramrup issued a “Letter of Warning” to Zito for failing to complete certain assignments even though he continued to refuse to provide medical documentation in support of his claim for accommodation. No further disciplinary action was taken.

Zito filed two grievances with the USPS regarding this chain of events. The first concerned Gonzalez’s 2005 request for a FFDE.

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Cite This Page — Counsel Stack

Bluebook (online)
915 F. Supp. 2d 440, 2012 WL 6739372, 2012 U.S. Dist. LEXIS 183173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zito-v-donahoe-nysd-2012.