Brady v. Bd. of Educ. of Prince George's Cnty.

222 F.Supp.3d 459

Maria BRADY, Plaintiff,

v.BOARD OF EDUCATION OF PRINCE GEORGE'S COUNTY, Defendant.

Case No.: GJH–15–2196

United States District Court, D. Maryland, Southern Division.

Signed December 7, 2016

Bryan A. Chapman, Law Office of Bryan A. Chapman, Washington, DC, for Plaintiff

Adam E. Konstas, Lisa Y. Settles, Pessin Katz Law, P.A., Towson, MD, Shana Rae Ginsburg, Associate General Counsel, Upper Marlboro, MD, for Defendant

MEMORANDUM OPINION

GEORGE J. HAZEL, United States District Judge

This is a lawsuit brought by a retired teacher, Maria Brady ("Plaintiff"), against her former employer, Defendant Board of Education of Prince George's County ("Defendant" or "the Board") for various violations under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq. Brady claims that the Board, through the actions of its employees, failed to accommodate her chronic spinal disorder; discriminated against her because of her disability by creating a hostile workplace; retaliated against her for filing a grievance and eventually made her workplace intolerable, compelling her to resign. Now pending before the Court is Defendant's Motion for Summary Judgment. A hearing was held on November 18, 2016. See Loc. R. 105.6 (D. Md.). For the following reasons, Defendant's Motion for Summary Judgment is granted.

I. BACKGROUND

Maria Brady was employed as a teacher by the Board of Education of Prince George's County from 2002 until her retirement on November 1, 2014.¹ ECF No. 18–6 at 5.² Starting with the 2008–09 school year and continuing through the 2014–15 school year, Brady worked at Kettering Middle School. Id. at 11–12. During the 2012–13 and 2013–14 school years she was supervised by the principal, Amin Salaam. ECF No. 1 at ¶ 23: see also ECF 18–2 at ¶ 5.³

Brady suffers from a chronic spinal disorder. ECF No. 19–1 ¶ 3. As a child, she was initially diagnosed with childhood scoliosis and later with a bulging disc in her back. Id. ¶ 1. In 2000 during her adult years, she was diagnosed with a degenerative disease of the neck and back as a result of an automobile accident. Id. Separately from these chronic issues. Brady had a minor altercation with a student on January 30, 2013, which led to an additional diagnosis of carpal tunnel syndrome. Id. ¶ 2.

Beginning in the middle of the 2012–13 school year, Brady began providing doctor's notes to Principal Salaam, regarding her diagnoses and the physical limitations they imposed on her. Id. ¶ 3. A doctor's note, dated January 23, 2013, recommended that Brady "limit long term standing" and a note dated February 4, 2013 said that "Maria Brady can no longer function in any capacity where risk of physical strain or injury is present" due to her treatment for a spinal disorder. ECF No. 19–2 at 3–4. Principal Salaam did not speak to her about a reasonable accommodation at that time, nor did he take alternative actions such as contacting the school's compliance officer concerning her need for a reasonable accommodation. ECF No.19–1 at ¶ 6.

According to Brady, her doctors told her that when she experienced back pain she should rest, but said that her pain could be managed without coming in for a doctor's appointment. Id. 9. However, when Brady requested sick leave on February 6, 2013. Principal Salaam said that she needed to supply a doctor's certificate upon her return to work. Id. ¶ 7: see also ECF No. 19–4 at 1. The requirement to provide documentation of doctor's visits forced her to take more time off from work than was necessary. ECF No. 19–1 ¶ 9.

The Negotiated Agreement between the Board of Education of Prince George's County and the Prince George's County Educators Association states that "a doctor's certificate of evidence for the necessity of loss of time shall be required for days in excess of three (3) for any one illness. A doctor's certificate may be required for periods of less than three (3) days absence, if in the opinion of either the immediate supervisor or the Chief Executive Officer's designee, the teacher is abusing sick leave privileges." ECF No. 18–7 at 20. Principal Salaam claims that the documentation requirements were reasonable because he believed Brady was abusing her sick leave.⁴ ECF No. 18–2 ¶ 9. However. Brady asserts that there was no basis for this accusation since she had not exceeded her allowed days of annual sick leave in either the 2012 or 2013 calendar years. ECF No. 19–1 at ¶ 8.⁵ Brady complained to school officials during a union meeting on January 13, 2014 regarding Principal Salaam's failure to grant her sick leave, but there was no follow up to her complaint. RCF No. 19–1 ¶ 16.

In addition to the requirement to provide documentation whenever she took sick leave. Principal Salaam increased Brady's workload during the 2013–14 school year id. ¶ 11, and directed her to attend training at a distant location, id. ¶ 13. Principal Salaam also commented publicly that he did not believe Brady's injuries were real, saying "there is nothing wrong with your neck" on September 24, 2013 and November 3, 2013 and asking cynical questions about her neck brace on October 25, 2013. Id. ¶¶ 14–15. This led to students mocking her when she wore her medical apparatus to class, saying "Ms. Brady. Mr. Salaam said there's nothing wrong with you so why are you wearing that collar on your neck?" Id. ¶ 15.

On July 22, 2014. Brady's doctor signed a statement saying that Brady "has been unable to return to work" from July 10, 2014 through January 15, 2015.⁶ ECF No. 19–3 at 2. The statement references the January 2013 student altercation but also notes that Brady was suffering from chronic lower back pain and scoliosis not related to the incident. Id. at 1. The physician's note also states that Brady was disabled from March 6, 2014 through July 10, 2014. Id. On August 18, 2014. Brady informed her union that she would be out on Workman's Compensation related leave until January 5, 2015 and complained that Principal Salaam questioned her medical documentation, requesting more information than was required. ECF No. 18–2 at 34. On August 28. 2014. Brady submitted to an independent medical evaluation ordered by school officials regarding her request for extended leave. ECF No. 19–1 ¶ 23. The doctor concluded that her carpal tunnel was not caused by the January 30, 2013 student altercation and that her neck and hand symptoms that did relate to that injury had healed. ECF No. 18–2 at 49. The doctor also referenced her cervical issues and acknowledged that she had a multi-level degenerative disc disease. Id. at 48. However, his ultimate conclusion was that "[t]he patient can perform her regular and usual work activities as a teacher with no limitations." Id. at 50.

On August 18, 2014. Principal Salaam again informed Brady that she was required to present a doctor's certificate for any sick days, or they would be considered unpaid leave. ECF No. 19–1 ¶ 20. On August 19, 2014. Brady filed a grievance against Principal Salaam with her union, alleging that Principal Salaam did not require anyone else to present a doctor's certificate and that he falsely accused her of abusing sick leave. Id. ¶ 22. She also shared these allegations with various school board officials. Id. ¶ 21.

Brady returned to Kettering Middle School on September 15, 2014, and asserts that Principal Salaam continued to harass her in retaliation for filing a grievance with her union. ECF No. 19 at 7–10; see also ECF No. 19–1 ¶¶ 22, 25. For example, her schedule for the 2014–15 school year required her to teach between 28 and 32 classes per week, while other teachers only had to teach 15 to 20 classes per week. ECF No. 19–1 ¶ 25. In addition. Principal Salaam continued to accuse her of abusing her sick leave and requested documentation when she took sick leave on September 16, 2014. Id. ¶ 26. Principal Salaam also rejected the documentation she submitted for sick leave taken on October 3, 2014 and October 8, 2014. Id. ¶¶ 30, 32. In addition. Brady did not receive a paycheck on October 10, 2014, id. ¶ 32 and attempts to request meetings with school officials regarding Principal Salaam's behavior were rebuffed, id. ¶ 34.

School officials issued a Notice of Leave Request Denial to Brady on September 23, 2014 stating that, per the independent medical evaluation, her request for "FMLA/LOA"⁷ had been denied and she had been cleared to return to work. ECF No. 18–2 at 51; see also ECF No. 18–5 at 3. On September 27, 2014. Brady submitted a formal, written request for a reasonable accommodation, including, among other suggestions, a request for extra staff in class to assist her. ECF No. 19–1 at ¶¶ 28. 29: see also ECF No. 18–2 at 67. On October 16, 2014. Brady was assigned a co-teaching position by Kettering Middle School's Assistant Principal. ECF No. 19–1 at ¶ 36; see also ECF No. 18–2 at 71. However. Brady states in her affidavit that her workload was not reduced and she continued to perform lead teacher duties. ECF No. 19–1 at ¶ 36. Brady met with Amana Simmons Esq., Prince George's County Public Schools EEO Advisor, and the meeting was memorialized in an October 22, 2014 email in which Simmons states:

Ms. Brady,

It was a pleasure meeting with you this afternoon respecting your pending 4172 Request for Accommodations. During that meeting, you advised that you recently received a new schedule as a co-teacher and that you did not feel that you presently required any accommodations. You advised that you had only been working intermittently, hut that you would allow lime to work under the new schedule. Accordingly, at your request. I will not take any further action respecting your 4172 Request for Accommodation.

Best regards,

ECF No. 18–2 at 73. Brady responded by saying "Thank you for your understanding." Id. Brady's doctors advised her that stress at work was causing her additional back pain, leading her to again take sick leave in or around October 22, 2014. ECF No. 19–1 at ¶ 37. On October 22. 2014, Brady was told that...