Stragapede v. City of Evanston
Stragapede v. City of Evanston
Opinion of the Court
Plaintiff Biagio “Gino” Stragapede alleges that his former employer, Defendant City of Evanston, discriminated against him in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 ei seq.
I. Background
Stragapede began working as a water service worker for the City of Evanston in 1996. PSOF ¶¶ 4-5; DSOF ¶ 4. In 2009, Stragapede suffered a non-work-related head injury that required months, of medical care. PSOF ¶ 6; DSOF ¶¶ 5. Straga-pede had a four-inch nail lodged in his head after an accident with a nail gun in his garage. PSOF Exh. 2, Stragapede Dep. 44:21^45:9; R. 57, Pl.’s Resp. to Cross-Mot. and Reply at 13. When Stra-gapede asked to return to work in early 2010, the City requested that he first get a fitness-for-duty evaluation from a doctor. PSOF ¶ 15; DSOF ¶ 27. The first doctor to examine Stragapede was unable to clear him for duty, and she recommended that he receive an independent neurological assessment. PSOF ¶ 18; DSOF ¶ 29. The neurologist, Dr. Zoran Grujie, examined Stragapede and concluded that, though Stragapede suffered from “mild residual cognitive deficits,” he “should be able to return to work.” PSOF Exh. 9, Grujie Apr. 6, 2010 Letter. Dr. Grujie recommended a work “trial” supervised by a coworker to ensure that Stragapede could properly perform his job functions. Id. The City prepared for Stragapede a written test, tool recognition exam, and a fieldwork trial. PSOF ¶¶ 26-28. In June 2010, Stragapede completed the work trial, accompanied by his supervisors and other City employees. Id. ¶31. Stragapede passed the trial and was cleared to return to work. Id.-, DSOF ¶ 31.
The City claims that there were several issues with Stragapede’s job performance upon his return. DSOF ¶¶ 32-51. 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.” PSOF Exh. 15, July 2, 2010 Memorandum; DSOF ¶ 52. During Stra-gapede’s administrative leave, the City communicated with Dr. Grujie about Stra-gapede’s supposed performance issues. DSOF ¶¶ 54-55; PL’s Resp. to DSOF ¶¶ 54-55. Eventually, the City asked Stragapede to submit to another examination by Dr. Grujie. DSOF Exh. G, Anger Aug. 23, 2010 email. Through his'attorney, Stragapede asked the City to articulate its reasons for requiring another examination. PSOF Exh. 22, Gallegos Aug. 24, 2010 Letter. Evanston continued to communicate with Dr. Grujie, who said that the reported performance problems were consistent with cognitive dysfunction from Stragapede’s brain injury. DSOF ¶¶ 58-59; DSOF Exh. H, Grujie Sept. 9, 2010 Letter. Dr. Grujie also said that “the simplest accommodation would in
II. Legal Standard
Summary judgment must be granted “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). This standard also applies to cross-motions for summary judgment. See Int’l Bhd. of Elec. Workers v. Balmoral Racing Club, Inc., 293 F.3d 402, 404 (7th Cir. 2002). Rule 56 “mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In reviewing motions for summary judgment, the Court must “constru[e] the evidence and all reasonable inferences in favor of the party against whom the motion under consideration is made.” Rickher v. Home Depot, Inc., 535 F.3d 661, 664 (7th Cir. 2008). Summary judgment is inappropriate “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).
III. Analysis
Under the ADA, Stragapede must prove that (1) he was disabled within the meaning of the ADA, (2) he is qualified to perform the essential functions of the job, with or without a reasonable accommodation, and (3) the City took an adverse employment action against him because of his disability or without making a reasonable accommodation for it. Basden v. Professional Transp., Inc., 714 F.3d 1034, 1037 (7th Cir. 2013). ín his motion for summary judgment, Stragapede argues that he can meet these requirements as a matter of law. See R. 29, PL’s Mot. Summ. J. In its cross-motion and response, the City argues that Stragapede cannot prove that he is disabled or that he performed the essential functions of his job. See R. 43, Def.’s Cross-Mot. Summ. J. and Resp. The City also claims that Stragapede was responsible for the breakdown in the interactive accommodations process and therefore cannot prevail under the ADA. See id. Construing all necessary inferences in favor of the party against whom each motion was made, Stra-gapede is entitled to partial summary judgment as to the first element of his prima facie case. Neither party is entitled to summary judgment on the remaining issues.
A. Disability
To succeed in a claim of discrimination under the ADA, a plaintiff must prove that he is disabled. Basden, 714 F.3d at 1037. A disability is defined as (A) a physical or mental impairment that substantially limits, one or more major life activities of the individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment. 42 U.S.C. § 12102. Stragapede claims that he can meet both the first and third definitions of disability under the ADA. Pl.’s
Stragapede’s primary argument is an overarching one, not specifically tied to the ADA’s definition of disability. Specifically, Stragapede argues that the City admitted he was disabled in draft versions of Stragapede’s termination letter and in correspondence to Dr. Grujic. See Pl.’s Mot. Summ. J. at 8. Some draft termination letters circulated among City employees do say that Stragapede’s firing was “not due to discipline, but to [his] disability.” PSOF Exh. 16, August 2010 Termination Letter Drafts at 19-29.
Stragapede must therefore go beyond those remarks about disability, and he must actually satisfy the definition of disability as set forth in the ADA. Straga-pede first argues that he has “a physical or mental impairment that substantially limits one or more major life activities.” 42
Evanston responds that Stragapede’s own testimony undermines this conclusion. Def.’s Cross-Mot. Summ. J. and Resp. at 8-9. Perhaps because Stragapede has to walk the tightrope of alleging that he is both disabled and able to perform the essential functions of his job, Stragapede admits that he is able to perform several major life activities. See, e.g., PSOF ¶¶ 29-31 (stating that Stragapede was able to do his job after the accident); PSOF Exh. 1, Stragapede Dep. 61:10-62:6, 126:1— 127:10, 235:14-238:7 (describing various events that illustrate that he could see, hear, walk, stand, lift, etc.). Although this evidence might not ultimately be convincing to a trier of fact, the Court cannot weigh conflicting evidence or make credibility determinations at the summary judgment stage. Omnicare, Inc. v. United-Health Grp., Inc., 629 F.3d 697, 704 (7th Cir. 2011). Without a more express description of how Stragapede’s injury has limited his major life activities, a reasonable jury could conclude that Stragapede was not disabled under the first ADA definition.
Moving on to the third definition of disability under the ADA, Stragapede also argues that he was “regarded as” disabled by the City. Pl.’s Resp. to Cross-Mot. and Reply at 15-17. A person is regarded as disabled by his employer if he “has been subjected to an action prohibited under this chapter because of actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.” 42 U.S.C. § 12102(3)(1)
In its cross-motion for summary judgment, the City does not come close to establishing that Stragapede' is not disabled as a matter of law undér the first definition of disability under the ADA. The “substantially limits” standard is “construed broadly in favor of expansive coverage.” 29 C.F.R. § 1630.2(3X1). The City’s own description of the behaviors Straga-pede exhibited on his return to work could easily support the conclusion that Straga-pede struggled with major life activities like concentration and neurological function. The City claims that Stragapede needed help logging in to his computer “several times a day, every day” even though both the password and the user-name were “Gino.” DSOF ¶¶ 38-40. It alleges that Stragapede failed to keep full attention on the road while driving. Id. ¶¶ 41-44. In its correspondence with Dr. Grujic, the City reported several instances in which Stragapede was forgetful, confused, or inattentive. PSOF Exh. 19 at EV1208-11. Construing all inferences in favor of Stragapede, a reasonable jury could certainly find that Stragapede was substantially limited in major life activities. The City’s motion for summary judgment is therefore denied on the issue of Straga-pede’s disability under the ADA.
B. Essential Functions
Returning now to Stragepede’s summary judgment motion, Stragapede argues that he could perform the essential functions of his job, with or without accommodations. PL’s Mot. Summ. J. at 9-13. Essential functions are “the fundamental job duties of the employment position.”
Evidence of whether a particular function is essential includes, but is not limited to: (i) The employer’s judgment as to which functions are essential; (ii) Written job descriptions prepared before advertising or interviewing applicants for the job; (iii) The amount of time spent on the job performing the function; (iv) The consequences of not requiring the incumbent to perform the function; (v) The terms of a collective bargaining agreement; (vi) The work experience of past incumbents in the job; and/or (vii) The current work experience of incumbents in similar jobs.
Id. Relying on the written job description for a water service worker, Stragapede argues that his supervisors acknowledged that he adequately performed the essential functions. Pl.’s Mot. Summ. J. at 10-11; PSOF ¶¶ 29-31, 41. The City first responds, both in resisting Stragepede’s motion and in arguing for the City’s summary judgment motion, that the written job description is not the exclusive source of essential functions, and that using a laptop was an essential function of the job. Def.’s Cross-Mot. Summ. J. and Resp. at 13-14. It further argues that Stragapede’s performance issues demonstrate that he was not able to perform the essential functions. Id. at 13-15. And, even if Stragapede could perform these functions with reasonable accommodations, the City claims he should not be able to claim liability under the ADA because he was responsible for the breakdown in the interactive accommodations process. Id. at 19-424. Finally, the City claims that Stragapede is precluded from claiming that he could perform his job under the ADA because he receives Social Security disability benefits. Id. at 10-11. Because a reasonable jury could find for either party, neither is entitled to summary judgment on this issue.
Even putting aside the question of whether laptop use itself is an essential function, there is a genuine dispute of fact as to whether Stragapede could perform the agreed-upon essential functions of the position. Based on the written job description, three essential functions of the job are “[l]ocat[ing] water mains and services requested by JULIE,”
Unfortunately for the City, these same disputes of fact prevent it from establishing that Stragapede could not perform his essential job functions. Stragapede provides explanations for the incidents that the City claims illustrate that he was not able to do his job. A reasonable juror could believe Stragapede’s explanations and conclude that the incidents described by the City do not illustrate a failure to perform the job’s essential functions. Stragapede also presents evidence that his supervisors said he was performing adequately. His supervisors testified that, after his return to work, Stragapede “could do the job,” he properly completed several tasks, his work was “accurate,” and that he did a “perfect job” installing a meter when supervised. PSOF Exh. 3, Biner Dep. at 156:5-10, 223:3-11, 243:2-13; PSOF Exh. 4, Bartus Dep. at 96:12-18, 98:15-99:11. Construing all inferences in favor of Stra-gapede, a juror could conclude that he was adequately performing the essential functions of his job.
The City also argues that laptop use was an essential function of the job that Stra-gapede could not perform. According to the City, Stragapede needed help with using his laptop “several times a day, every day” even though the password and user-name were “Gino.” DSOF ¶¶ 38-40. Based on the undisputed evidence, however, neither party can establish that computer use is or is not an essential function as a matter of law. On one hand, written job descriptions are only one source of evidence on essential functions. See 29 C.F.R. § 1630.2(n). An employer’s judgment as to what constitutes an essential function should also be considered. Id. Stragapede concedes that completing JULIE locates was an essential function of his job, and that his supervisors “expected him to get the JULIE locates off the laptop out in the field in his truck.” Pl.’s Resp. to DSOF ¶ 18. Based on this, a reasonable jury could conclude that laptop use was an essential function of Straga-pede’s job. On the other hand, Straga-pede has presented evidence that not all
Even if Stragapede could not perform the essential duties on his own, he is still a qualified individual under the ADA if he could perform his essential duties with a reasonable accommodation. In moving for summary judgment, Stragapede claims that providing hard copies of his job routes at the beginning of each day would allow him to successfully complete his JULIE locates without having to return to the plant. Pl.’s Mot. Summ. J. at 13. The facts in the record, however, are sufficient to support a finding that this accommodation would not be effective. Although' some JULIE locates could be performed in 24- or 48-hour windows, emergency JULIE locates had to be performed within just two hours. PSOF Exh. 3, Biner Dep. at 312:11-15. From this, a reasonable jury could conclude that, even with the accommodation, Stragapede would not be able to complete all JULIE locates properly. Furthermore, as noted above, Straga-pede’s problem 'with completing JULIE locates was not the only basis on which a jury could conclude that he had failed to perform the essential functions of his job. Stragapede’s motion for summary judgment is therefore denied as to whether he could perform the essential functions of his job.
The City argues that, even if there were reasonable accommodations that might have allowed Stragapede to perform his essential functions, Straga-pede’s claim still fails because he was responsible for causing a breakdown in the interactive accommodations process. Def.’s Cross-Mot. Summ. J. and Resp. at 20-24. Under the ADA, an employer “must engage with the employee in an ‘interactive process’ to determine the appropriate accommodation under the circumstances.” Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 563 (7th Cir. 1996). See also 29 C.F.R. § 1630.2(o)(3). When the interactive process breaks down, “courts should look for signs of failure to participate in good faith or failure by one of the parties to make reasonable efforts to help the other party determine what specific accommodations are necessary.” Beck v. Univ. of Wisconsin Bd. of Regents, 75 F.3d 1130, 1135 (7th Cir. 1996). “In essence, courts should attempt to isolate the cause of the breakdown and then assign responsibility.” Id. Based on the evidence in the record, a reasonable jury could find that either party was responsible for the breakdown in the process. It is true that when the City asked Stragapede to undergo another medical examination, Stragapede was hesitant. See PSOF Exh. 22. Through his attorney, Stragapede questioned what the City’s basis was for needing a new assessment and refused to comply until his questions were answered. Id. (“If my client will submit voluntarily for examination, he will not do so until the questions raised in this letter have been answered.”). The City claims that this letter was an “outright refusal” to engage in the accommodations process. Def.’s Cross-Mot. Summ. J. and Resp. at 22. Based on the language
Finally, the City argues that Stragapede’s receipt of Social Security Disability Insurance (SSDI) benefits contradicts his claim that he was able to perform the essential functions of his job under the ADA. Def.’s Cross-Mot. Summ. J. and Response at 10-11. Because an individual must be unable “to engage in any substantial gainful activity” to receive SSDI benefits, 42 U.S.C. § 423(a), (d), the City alleges that his ADA claim is “squarely contradictory” with his receipt of these benefits. Def.’s Cross-Mot. Summ. J. and Response at 10-11. Although stater ments made in pursuing Social Security benefits might contradict those made in pursuit of an ADA claim, SSDI benefits-eligibility and the ADA “do not inherently conflict to the point where courts should apply a special' negative presumption.” Cleveland v. Policy Mgmt. Sys. Corp., 526 U.S. 795, 802, 119 S.Ct. 1597, 143 L.Ed.2d 966 (1999). A claim for SSDI benefits and a claim under the ADA can coexist because the legal standards under the statutes differ. Id.; see also Feldman v. Am. Mem’l Life Ins. Co., 196 F.3d 783, 790 (7th Cir. 1999); Weigel, 122 F.3d at 466. It is true that when a conflict exists, such as when a plaintiffs sworn prior statements contradict his ADA claims, “the court should require an explanation of any apparent inconsistency.” Cleveland, 526 U.S. at 807, 119 S.Ct. 1597; see also Lawson v. CSX Transp., Inc., 245 F.3d 916, 927-28 (7th Cir. 2001). An explanation is only required, however, if such an inconsistency exists. See Cleveland, 526 U.S. at 806, 119 S.Ct. 1597 (“[Plaintiff’s sworn assertion in an application for disability benefits that she is, for example, ‘unable to work’ will negate an essential element of her ADA case — at least if she does not offer a sufficient explanation.”); Devine v. Bd. of Comm’rs of Elkhart Cnty., 49 Fed.Appx. 57, 60-61 (7th Cir. 2002) (“A claimant’s own statements about her inability to work may invoke the doctrine of judicial estoppel.”). The City has not presented evidence of any contradictory statements made by Stragapede in his SSDI proceedings; it only submits the bare conclusion that Stra-gapede is receiving SSDI benefits.
IV. Conclusion
For the reasons discussed above, Stra-gapede’s motion for summary judgment is
. The Court has subject matter jurisdiction over this federal-question case under 28 U.S.C. § 1331. Citations to the docket are "R." followed by the entry number and, when necessary, the page/paragraph number. Citations to the parties’ Local Rule 56.1 Statements of Fact are "PSOF” (for Stragapede’s Statement of Facts) [R.30]; "DSOF” (for Ev-anston’s Statement of Facts) [R. 42]; Def.’s Resp. to PSOF (for Evanston’s Response to Stragapede’s Statement of Facts) [R. 45]; Pl.’s Resp. to DSOF (for Stragapede’s Response to Evanston's Statement of Facts) [R. 56],
. In its cross-motion and response, Evanston argues that these letters are inadmissible hearsay and therefore cannot be considered in evaluating the motion for summary judgment. See Def.’s Cross-Mot. Summ. J and Resp. at 9. It is true that a court can only consider admissible evidence in evaluating a summary judgment motion, Gunville v. Walker, 583 F.3d 979, 985 (7th Cir. 2009), but these letters are not hearsay. An opposing party’s statement made through an employee in the scope of the employment relationship is a nonhearsay admission. Fed.R.Evid. 801(d)(2); see also Young v. James Green Mgmt., 327 F.3d 616, 622 (7th Cir. 2003) (“The Rule simply requires that the statement be made by an individual who is an agent, that the statement be made during the period of the agency, and that the matter be within the subject matter of the agency.”).
. Congress changed the “regarded as” standard in 2008 amendments to the ADA. See ADA Amendments Act of 2008, Pub.L. 110—325, 122 Stat. 3553 (2008). Before the amendments, to establish "regarded as” liability, the plaintiff had to show that the employer believed that he was substantially limited in his ability to perform a major life activity. See Steffen v. Donahoe, 680 F.3d 738, 744-45 (7th Cir. 2012). Under the previous definition, "an employee was not 'regarded as' disabled by his employer unless his employer believed he satisfied the definition of 'disabled' under the ADA.” Id. The amendments establish that the employer need not believe that the plaintiff is substantially limited in a major life activity. 42 U.S.C. § 12102(3). Now, the “regarded as” prong only requires that the employer took adverse action against the plaintiff because of an actual or perceived impairment. Id. These amendments became effective on January 1, 2009, before the events in this case, and therefore apply here.
. JULIE stands for "Joint Underground Locating Information for Excavators.” Def.'s Cross-Mot. Summ. J. and Resp. at 13.
. It appears that the only information that the City has about Stragapede’s SSDI benefits is that he is receiving them. See Def.’s Cross-Mot. Summ. J. and Resp. at 10-11.
Reference
- Full Case Name
- Biagio STRAGAPEDE v. CITY OF EVANSTON
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- Published