Brown v. Holy Name Church

80 F.Supp.2d 1261

Virginia BROWN, Plaintiff, v. HOLY NAME CHURCH, A Wyoming Nonprofit Corporation, Defendant.

No. 99-CV-096-J.

United States District Court, D. Wyoming.

January 20, 2000.

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Micheal K. Shoumaker, Broomfield, CO, for Virginia Brown, plaintiff.

Paul J. Hickey, John Matthew Walker, Hickey Mackey Evans & Walker, Cheyenne, for Holy Name Church, defendant.

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

ALAN B. JOHNSON, Chief Judge.

The defendant's "Motion for Summary Judgment" and the plaintiff's opposition thereto came before the Court for consideration, upon the parties' written submissions. The Court, having considered the parties' written submissions and the materials offered in support of their respective positions, the pleadings of record, the applicable law, and being fully advised, FINDS and ORDERS as follows:

Background

This case is brought by plaintiff asserting claims against the defendant pursuant to the federal Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) ("ADA") and the Age Discrimination in Employment Act (42 U.S.C. § 2000e-5(e) "(ADEA")). She asserts that defendant failed to reasonably accommodate her by denying her employment because of her disability and claims that the defendant discriminated against her on the basis of age. The defendant has denied plaintiff's allegations.

Plaintiff is presently 52 years old, with her date of birth at April 14, 1947. She resides in Sheridan, Wyoming and became a teacher at Holy Name Catholic School in 1982. Holy Name Catholic School is a private, parochial school with the local pastor as superintendent of the school and a local seven member school board. Plaintiff was employed as a fourth grade teacher under a series of annual contracts beginning in 1982 and ending in 1997, when she was not offered a teaching contract for the following school year. In her complaint, plaintiff claims that she was terminated by the defendant from her employment as a teacher on May 27, 1997, without just cause. She alleges that she requested a hearing with the school board, but that request was denied.

When plaintiff was 11 years old, the ball joint in her hip was broken. She had her first hip replacement surgery in 1959. This was replaced with a new hip in 1974, and was replaced again in 1982. She underwent a fourth hip replacement surgery in 1994, while employed by defendant. In 1996, plaintiff fell and cracked the bone around the prosthesis, but no surgery was required. She was placed on crutches for a period of time to allow healing to occur. It is likely she will require further hip surgeries in the future. In 1997, plaintiff was ill and hospitalized for a strep infection which had settled in her leg. She also received treatment for a blood clot at that time. She did not return to her teaching duties at Holy Name until the middle of March. Brown Deposition Page 60-61.

Plaintiff is able to do most routine daily activities such as shopping, working, laundry, driving, house cleaning and cooking. She enjoys camping and limited hiking, but is not able to do certain sports such as skating, skiing, or anything where she is afraid she might fall. Brown Deposition 58-59, 62-63. Plaintiff also indicates that she has been able to perform all of her duties as a teacher and that she does not consider herself to be unable to do so because of her hip replacement. She has operated her classroom, monitored the playground at lunch and recess and has taught physical education for the defendant at certain times.

Plaintiff was hired by the defendant in 1982. Through a series of annual contracts she was hired on a year to year basis through 1997. The defendant determined that it would not enter into a new employment contract with plaintiff for the 1997-1998 school year, based upon the recommendation of the school principal, Gilbert Sanchez. The affidavit of Sanchez indicates that it was his responsibility to make recommendations to the school board and superintendent regarding which teachers he believed should be hired for the coming school year. Those recommendations could be accepted or rejected by the board; the board made its recommendations to the superintendent, Father Sullivan, who was the final decision maker. Sanchez states that in the spring of 1997, he decided to recommend to the school board and Father Sullivan that the school not enter into another employment agreement with plaintiff. His decision was based upon his education and experience, and his opinion that plaintiff consistently demonstrated poor classroom management and instructional skills. Among other things, Sanchez opined that plaintiff maintained poor discipline in the classroom, allowed students to make disruptive noise and that the noise coming from her classroom was not acceptable or appropriate for a fourth grade classroom.

He states that plaintiff ignored the disruptive behavior of the students and would raise her voice in an effort to be heard over talking and other noise, which in turn created more noise. Sanchez states that upon reviewing plaintiff's personnel file, he noted she had been counseled by his predecessor about these same problems. Sanchez states that he observed plaintiff and that he discussed his concerns with her over the two year period of time he was supervising her. He did not observe satisfactory improvements. Sanchez also states that during the 1996-1997 school year, he was contacted by parents of third graders who told him that their children would not attend Holy Name School if plaintiff continued to be the fourth grade teacher. Sanchez states that he believed plaintiff was one of the poorest teachers he had ever observed. Sanchez was aware that plaintiff had had a hip replacement and that she walked with a limp. He states that he never observed or believed that Browns' physical condition prevented her from carrying out her job responsibilities at the school.

With respect to plaintiff's hospitalization in 1997, Sanchez's affidavit states in paragraph 16:

Virginia Brown did suffer an acute condition concerning an infection in her leg and ankle, which required hospitalization, around February of 1997. Virginia Brown had to use crutches for a period of time after she was released from the hospital and I recall discussing with Virginia Brown the possibility of moving her classroom from the second floor of the building to the first floor of the building for her convenience during this time. At no time did I take Virginia Brown's physical condition into consideration when I made my decision and recommendation that the Holy Name School not enter into a contract with her for the 1997-98 school year. I believed that her problems as a teacher had absolutely nothing to do with her hip replacement.

Plaintiff also stated, in her deposition, that she discussed some of the accommodations she thought she might require upon her return to school with Mr. Sanchez while she was in the hospital. The accommodations included a need to limit her time on stairs, the possibility in the future of moving her classroom to the first floor, help with lifting and carrying, and limited playground duty. Brown Deposition at 64-66. She stated, however, that she never discussed specifically her needs and that she never asked for limited or reduced playground duty, because other teachers offered to do it for her. Plaintiff testified that she did not believe her disability prevented her from being a good teacher because she can perform the duties of a teacher, which is "instructing children, caring." Brown Deposition at 68.

Plaintiff also stated in her deposition with respect to her age discrimination allegations:

Q. You have also alleged in your Complaint that the Holy Name School has discriminated against you because of your age; is that correct?

A. Yes.

Q. Please describe for me all of the facts that you rely upon in making that allegation.

A. I am over 50. I had been at Holy Name for 13 years, which makes me — I was becoming expensive.

Q. Why do you say that?

A. I was fairly — almost at the top of the pay scale, and also with the benefits—they were going to a new retirement system, which was based on a certain percentage of — they would match a percentage of your income, which was 4 percent. They had been matching 3 percent, and now it was going to 4 percent. But since I had been in the system using the retirement system for a long time, I would have got even 6 percent.

I feel, also, because of my — the surgeries and hospitalization that insurance-wise I was getting expensive.

Q. But you would agree with me that the insurance and surgery costs would not relate to your age?

A. Well, as I get older, I'm sure that my insurance is going to be more expensive—I'm—there is a possibility that I will need more surgeries.

Deposition at 69-70.

Plaintiff's affidavit filed in support of her opposition to the defendant's motion for summary judgment also states that she was replaced by Brenda Jerrall, a younger woman approximately 35 years old, who was healthier and near the bottom of the pay scale for teachers at Holy Name School, unlike plaintiff who asserts she was at the top of the pay scale. Ms. Jerrall had been the director of the pre-school for about one year before she replaced plaintiff as the fourth grade teacher.

The defendant now seeks summary judgment in its favor on all of the claims asserted by plaintiff against it, including the ADA, ADEA, breach of contract claims, as well as a claim for breach of the covenant of good faith and fair dealing. The plaintiff opposes the motion.

Standard of Review Fed.R.Civ.P. 56

Summary judgment is appropriate if there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed. R.Civ.P. 56(c); Allen v. Muskogee, Oklahoma, 119 F.3d 837, 839-840 (10th Cir. 1997). A disputed fact is material if it might affect the outcome of...