Rambacher v. Bemus Point Central School District
Rambacher v. Bemus Point Central School District
Opinion of the Court
Plaintiff Diane K. Rambacher appeals from a judgment of the District Court, entered on September 28, 2007, following a successful motion for summary judgment filed by defendants, who are plaintiffs former employer — the Bemus Point Central School District (“School District”) — and supervisors. Plaintiff alleged that defendants failed to provide a reasonable accommodation in light of plaintiffs disability and impermissibly discriminated against plaintiff because of her disability, in violation of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (“ADA”). On appeal, plaintiff argues that the District Court erred in concluding that there were no disputed issues of material fact regarding (1) plaintiffs qualification for reinstatement in her previous position, see Rambacher v. Bemus Point Cent. Sch. Dist., No. 01-CV-338A, 2007 WL 2892622, at *1, 2007 U.S. Dist. LEXIS 72836, at *1-2 (W.D.N.Y. Sept. 28, 2007); (2) the availability of plaintiffs previous position, id. at *1-2, 2007 U.S. Dist. LEXIS 72836, at *4; and (3) whether similarly-compensated positions were unavailable, so that plaintiffs only option for renewed employment was to take a significant pay cut, id. at *2-3, 2007 U.S. Dist. LEXIS 72386, at *6-7. We assume the parties’ familiarity with the underlying facts and procedural history of the case.
We review a district court’s grant of summary judgment de novo, construing all facts in favor of the non-moving party. See, e.g., Paneccasio v. Unisource Worldwide, Inc., 532 F.3d 101, 107 (2d Cir. 2008). Summary judgment is only warranted upon a showing “that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c).
We examine claims of workplace discrimination, including claims brought under the ADA, according to the burden-shifting protocol established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973) (establishing a “burden-shifting” analysis for claims brought under Title VII of the Civil Rights Act of 1964). See, e.g., Reg’l Econ. Cmty. Action Program v. City of Middletown, 294 F.3d 35, 48-49 (2d Cir. 2002) (applying McDonnell Douglas burden-shifting protocol to ADA claim). McDonnell Douglas requires a plaintiff to produce some evidence showing the prima facie elements of a discrimination claim, whereupon the “burden of production shifts to the employer to articulate some legitimate, nondiscriminatory reason for the termination.” Patterson v. County of Oneida, 375 F.3d 206, 221 (2d Cir. 2004) (internal quotation marks omitted). If a defendant produces admissible evidence showing legitimate business reasons for terminating plaintiff, “the burden shifts back to the plaintiff to demonstrate by competent evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination.” Id. (internal quotation marks omitted). Summary judgment is appropriate where “the plaintiff has failed to show that there is evidence that would permit a rational factfinder to infer that the employer’s proffered rationale is pretext.” Id. Of course, “[t]he ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff.” Id. (internal quotation marks omitted).
The District Court adopted a magistrate judge’s recommendation that plaintiff had not shown that she was qualified
Although the magistrate judge’s recommendation to grant summary judgment was based solely on plaintiffs qualification for the position of Computer Coordinator, the District Court added two additional reasons for granting summary judgment. First, the District Court concluded that “the undisputed evidence indicates that the Computer Coordinator position was no longer available as a result of a [School] District reorganization.” Rambacher, 2007 WL 2892622, at *1, 2007 U.S. Dist. LEXIS 72836, at *4. We disagree. After plaintiff requested extension of her medical leave in December 1997, the School District replied, through its attorneys, that “the Board is not able to keep Ms. Rambacher’s former position open, and will almost certainly fill that position very shortly.” In mid-June 1998, the School District informed plaintiff that “the administrative staff structure has been re
Second, the District Court concluded that because “plaintiff has not presented any evidence to support her contention that a position more suitable than the one offered (Library Aide) was vacant, summary judgment is appropriate on that ground as well.”
For the foregoing reasons, we VACATE the judgment of the District Court and REMAND for further proceedings consistent with this order.
. The School District has not contested the first two elements of a prima facie ADA claim — that "(1) [defendant] is subject to the ADA; (2) [plaintiff] was a person with a disability within the meaning of the ADA.” Shannon v. N.Y. City Transit Auth., 332 F.3d 95, 99 (2d Cir. 2003). The magistrate judge considered and explicitly rejected the School District's argument that plaintiff could not show the fourth element of a prima facie claim — that she “suffered adverse employment action because of [her] disability.” Id.
. Plaintiff claims — and defendants apparently do not dispute — that she earned approximately $43,600 as a Computer Coordinator in the 1997-98 school year, but that the compensation for a "Library Aide” was only $17,000.
Reference
- Full Case Name
- Diane K. RAMBACHER v. BEMUS POINT CENTRAL SCHOOL DISTRICT, Albert D'Attilio, Terrance L. Woodfield, Jr., Gordon R. Nelson, Jerome G. Adams, Karen L. Bohall, Debra A. Raynor, Fletcher E. Ward, Vernon E. Wetmore, Thom E. Shagla, Judiht A. Briggs, John P. Sitzenstatter, Lior A. McGowan, and Pierer E. Chagon
- Cited By
- 1 case
- Status
- Published