Koty v. Dupage Cnty.
Opinion of the Court
Eric Koty, a deputy in the DuPage County Sheriff's Department, requested a different model of squad car. Notes from Koty's physician indicated Koty should be given a squad car with more legroom, "like an SUV," to accommodate a hip condition. The Department denied Koty's requests. Koty then submitted EEOC complaints alleging the Department had discriminated against him in violation of the Americans with Disabilities Act ("ADA"). Shortly thereafter, the Department reassigned Koty to courthouse duty, for which he would not need to drive a squad car. Koty then sued DuPage County alleging that the Department violated the ADA when it denied his request for an SUV and that the Department wrongfully retaliated against him for making the EEOC complaint. The district court found no such violations and granted summary judgment for the County. For the reasons that follow, we affirm.
I. BACKGROUND
Koty first requested an SUV in January 2014, and then against the next month. This second request was accompanied by a letter from Koty's physician stating that, "if available ... a squad car with more legroom, like an SUV, would be preferable."(R. 58-7 at 2.) In response, employees of the Sheriff's Department measured the legroom in Koty's current squad car, a Crown Victoria, and in an SUV owned by the Department. The Department determined the SUV offered no additional legroom (though Koty contends the wrong measurements were considered) and denied Koty's requests.
On April 7, Koty submitted another letter from his physician that explained that "a squad car with more legroom, like an SUV, [was] necessary" to alleviate Koty's hip pain. (R. 58-6 at 2.) The letter further stated that Koty was otherwise entirely capable of fulfilling his job requirements. (Id. ) The request and letter were accompanied by an EEOC complaint alleging discrimination under the ADA. The following day, the Department reassigned Koty to courthouse duty, which required no time in a squad car.
While on courthouse duty, Koty was temporarily taken off active special operations duty. During this time, he missed a few training exercises, but no special operations missions. He was also asked to submit a plan for securing his weapons in his personal vehicle before returning to active duty.
Eventually, Koty had hip surgery. After the operation, he returned to courthouse duty. He applied for and was granted a transfer back to the law enforcement unit, where he was initially assigned to the midnight *519shift, then to his original daytime shift.
Koty sued, alleging the Department failed to provide reasonable accommodations pursuant to the ADA. He also alleged the Department retaliated against him for filing the EEOC complaint. The district court dismissed the accommodation claim after finding Koty did not qualify as "disabled" under the ADA. The district court then granted summary judgment for the county on Koty's retaliation claim, concluding the Department had taken no adverse employment actions against Koty.
II. ANALYSIS
Koty appeals the judgment of the district court as to both claims. We review de novo the district court's dismissal of a claim pursuant to FED. R. CIV. P. 12(b)(6) and the district court's grant of summary judgment. Williams v. Seniff,
A. The district court did not err when it dismissed Koty's accommodation claim.
To bring a claim under the ADA, the plaintiff must allege that they are disabled. Gogos v. AMS Mech. Sys., Inc. ,
While the inability to drive has been found in some cases to affect a major life activity, see Winsley v. Cook County,
B. The district court did not err when it granted summary judgment in favor of the County on Koty's retaliation claim.
Perhaps knowing that his accommodation claim was doomed, Koty has focused on appeal on the grant of summary judgment for the County on his retaliation claim. Summary judgment is appropriate where "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).
"Employers are forbidden from retaliating against employees who raise ADA claims regardless of whether the initial claims of discrimination are meritless." Dickerson v. Bd. of Trs. of Cmty. Coll. Dist. No. 522,
*520(quoting Harden v. Marion Cty. Sheriff's Dept. ,
Here, there is no dispute that submitting an EEOC charge is a statutorily protected activity. The parties do dispute, however, whether the actions taken were materially adverse or were mere pretext for retaliation. An action is materially adverse if "a reasonable employee ... would be dissuaded from engaging in the protected activity." Roney v. Ill. Dep't of Trans.,
First, Koty alleges the County retaliated against him when it transferred him from law enforcement to courthouse duty. Typically, lateral moves are not considered adverse employment actions. See Stephens v. Erickson ,
The transfer here did not result in a pay decrease, other than Koty's diminished opportunity for overtime pay. Koty did offer some evidence that courthouse duty is considered less prestigious-two officers testified that being assigned courthouse duty was considered punishment. However, Koty conceded he knew a transfer to courthouse duty was a potential way for the Department to accommodate his hip pain, an accommodation he requested. "It is the employer's prerogative to choose a reasonable accommodation," Jay v. Intermet Wagner, Inc.,
Second, Koty alleges the County retaliated against him when it temporarily removed him from active special operations duty. In a letter, the chief of the Department explained that Koty was placed on inactive status because he was transferred to courthouse duty. As a condition of his return to active status, Koty was required to submit a plan for safely *521storing his weapons in his personal vehicle while at the courthouse. Koty contends no one else was required to submit such a plan.
Like the district court, we fail to see how the temporary move to inactive status and requirement to submit a plan constitute an adverse employment action. Even as an active member, Koty only participated in special operations assignments occasionally. While on inactive status, his pay was not diminished and he missed only a few training exercises. Koty failed to present evidence that the temporary move to inactive status would cause him any career setbacks. Instead, all of the evidence in the record supports the County's explanation that the move to inactive status and plan requirement were logical effects of the reassignment to courthouse duty, not pretext for retaliation.
Third, Koty alleges the County retaliated against him when it required him to return to courthouse duty following his medical leave. But the County explained that Department policy requires all employees to return to the duty they were performing before they left when they return from leave. Koty offered no evidence that this explanation is pretextual.
Finally, Koty claims the County retaliated against him when it assigned him to the midnight shift after he requested and was granted a transfer back to law enforcement duty. Changing an employee's shift is generally not considered a materially adverse employment action unless the change results in a change in pay or prestige or is particularly harmful to that employee. See Burlington Northern and Santa Fe Ry. Co.,
In sum, Koty provided no evidence that any of these actions, taken alone or cumulatively, were the type that would dissuade an employee from exercising his rights. And even if one was convinced the County took some adverse action, Koty could not show that the County's explanation-that all these actions were the logical effects of accommodating Koty's hip pain caused by driving his squad car-was pretext. So, the district court did not err in granting summary judgment for the County on this claim.
III. CONCLUSION
For these reasons, we AFFIRM the judgment of the district court.
Reference
- Full Case Name
- Eric KOTY v. DUPAGE COUNTY, ILLINOIS
- Cited By
- 64 cases
- Status
- Published