Coffman v. Nexstar Media Inc.

1

LEANNA JEAN COFFMAN, Plaintiff, v. NEXSTAR MEDIA, INC. a Delaware Corporation, Defendant.

Civil Action No. 5:22-cv-00396

United States District Court, S.D. West Virginia, Beckley

November 7, 2023

MEMORANDUM OPINION AND ORDER

Frank W. Volk United States District Judge

Pending is Defendant Nexstar Media, Inc.'s (“Nexstar”) Motion for Summary Judgment [ECF 26] filed August 7, 2023. Plaintiff Leanna Jean Coffman responded in opposition [ECF 28] on August 21, 2023, to which Nexstar replied [ECF 30] on August 28, 2023.^[1]

I.

From February 17, 2020, until August 19, 2022, Ms. Coffman was employed by Nexstar as an Account Executive at Nexstar's WVNS 59News station. [ECF 26-2]. In 2021, Ms. Coffman became pregnant with twins and eventually developed related complications. In late November or early December 2021, Ms Coffman was diagnosed with placenta previa, which causes severe bleeding and was placed on bedrest. Given the bedrest restriction, Ms. Coffman requested to work remotely. Nexstar approved the request.

In early January 2022, Ms. Coffman's condition worsened. She was life-flighted to Charleston Area Medical Center and hospitalized for the remainder of her pregnancy. Upon Nexstar's approval, Ms. Coffman continued to work remotely from her hospital bed until the birth of her twins. During this time period, Ms. Coffman testified her supervisor and Nexstar's local sales manager Dennie Large had informed her Nexstar was “trying to keep [her] off FMLA”^[2] so she could continue working remotely and retain access to her accounts. [ECF 26-7, Coffman Depo. at 49:2050:4]. Ms. Coffman conceded, however, she did not want to take FMLA leave at this time inasmuch as remote work permitted her to retain her eligibility for FMLA leave until after her twins were born. [Id. at 49:6-50:7]. In total, Ms. Coffman worked remotely for Nexstar for approximately eight weeks.^[3]

On February 23, 2022, Ms. Coffman's twins were delivered via Cesarean section. She applied for and was given twelve weeks of FMLA leave beginning that day. Unbeknownst to her at that time, however, an attending physician cut her ureter. As a result, she developed numerous complications after the twins' birth, including infections, hospitalizations, and multiple surgeries. On March 4, 2022, Ms. Coffman underwent surgery to repair her ureter. A nephrostomy tube was inserted into her kidney. It was designed to drain urine into a nephrostomy bag on the outside of her body. The tube and bag caused Ms. Coffman significant pain and discomfort. They also restricted her ability to drive and stand for extended periods. Ms. Coffman was initially told she would have the tube for three months; that time frame was extended due to the extensive ureter damage. On March 10, 2022, Ms. Coffman was approved for short-term disability benefits after exhausting her paid leave. [ECF 26-12]. Ms. Coffman remained on FMLA leave during this time.

On April 3, 2023, Mr. Large inquired with Ms. Coffman via text message about her condition and asked “[h]ow much more time” she had with her twins. [ECF 26-14 at 2-3]. Ms. Coffman responded “[I] think six weeks[;] I don't know[;] the issue is I have to have another surgery.” [Id. at 3]. Presumably, Ms. Coffman was indicating she had approximately six weeks left of FMLA leave but was expressing concern about having to undergo a second surgery that had been scheduled for June 2, 2022, to replace her nephrostomy tube. [ECF 26-15]. On May 17, 2022, Ms. Coffman exhausted her twelve weeks of FMLA leave. [ECF 28-2]. Although disputed by the parties, Ms. Coffman insists she spoke with Mr. Large in “mid to late April [or] May.” [ECF 26-7, Coffman Depo. at 102:8-21]. She testified she asked about returning to work remotely, inasmuch as she “had worked from a hospital bed and from bedrest” prior to her twins' birth. [Id.] Ms. Coffman further testified Mr. Large promised to “run it up the flagpole.” [Id.]. She contends Nexstar never responded. [ECF 28 at 2]. According to an April 18, 2022, “UNUM Disability and FMLA Medical Certification” one of Ms. Coffman's physicians predicted she could return to work on June 27, 2022, assuming the June 2, 2022, surgery produced no complications and her urologist cleared her return. [ECF 26-15]. Nexstar knew Ms. Coffman's tentative June 27, 2022, return to work date. [ECF 2616 at 2].

On June 2, 2022, Ms. Coffman had surgery to replace the nephrostomy tube. On June 28, 2022, Nexstar's Human Resources Assistant Cyndi Patrick sent an email to Nexstar's Leave Coordinator, Jennifer Vansau, inquiring if she “had heard from UNUM in regards to if [Ms. Coffman] is coming off [short-term disability] and released to return to work or if she is unable to then we term?” [ECF 26-16 at 2]. Ms. Vansau replied UNUM had Ms. Coffman's return date as June 27, 2022, “however, per Nexstar's policy, we require the employee to provide us with a return to work note.” [Id.]. Ms. Vansau further explained the return to work note “must be on the doctor's letterhead with the doc[']s signature, and the date [Ms. Coffman] is cleared to return to work.” [Id.]. Ms. Vansau instructed Ms. Patrick to contact Ms. Coffman and, if contact was unsuccessful, “to reach out to [her] [human resources] contact for further assistance.” [Id.].

At some later, unspecified time, Ms. Patrick called Ms. Coffman. [Id. at 3]. She explained her short-term disability had ended June 27, 2022; Ms. Coffman replied, “they're extending it [because] I still have the tube,” and she informed Ms. Patrick she was unable to return to work. [Id.]. Ms. Coffman added her short-term disability would be extended through “August 20 something.” [Id.]. Ms. Patrick agreed Ms. Coffman was indeed still eligible for short-term disability; she added, however, the FMLA leave expired at the end of twelve weeks, with “four extra weeks of leave” added thereto by Nexstar. [Id.]. According to Ms. Patrick, Ms. Coffman then “interrupted and said [‘]well do you want to talk to my lawyer,[']” to which Ms. Patrick replied “no,” she “had nothing to do with that” and advised Ms. Coffman to “contact Corporate and let them know.” [Id.]. The conversation then ended. [Id.]. Shortly thereafter, Ms. Patrick received a follow-up text message from Ms. Coffman stating:

Please do not contact me regarding a return to work date when I have been unable to return and still have shortterm [sic] disability plus bonding leave[.] My attorney is Jason Harwood and he can be reached at [redacted].

[Id.].

On July 28, 2022, Ms. Coffman received a letter from Nexstar's Associate Counsel and Senior Vice President of Human Resources Terri Lynn Bush. Ms. Bush informed Ms. Coffman her leave commenced February 23, 2022, her twelve weeks of FMLA leave expired May 17, 2022, and Nexstar provided her with additional leave given her inability to return to work. [ECF 28-2]. The letter further directed Ms. Coffman to inform Nexstar by August 4, 2022, of her expected return date. [Id.].

On August 4, 2022, Ms. Coffman responded via email to Ms. Bush's letter. [ECF 28 4]. She informed her that she “was still under intense care” and had surgery on August 8, 2022, to remove the nephrostomy tube. [Id.] She mentioned a recovery time of four to eight weeks. [Id.] She also stated from August 8 through October, she would “have a urethral catheter,” which would prevent her from lifting and driving “(due to safety concerns of the tubing being entangled and pulled which could result in additional damages).” The October endpoint was contingent upon a tentative surgery to determine whether “the ureter reimplantation was successful and [if] [her] body ha[d] healed well enough for the stint to be removed.” [Id.]. Ms. Coffman further stated that was all the information she knew at that time. [Id.].

On August 15, 2022, Ms. Bush terminated her employment with Nexstar, effective August 19, 2022. [ECF 28-3]. Ms. Bush explained Ms. Coffman had “been off work since February 23, 2022[,]” and "[Nexstar] [could] no longer hold [her Account Executive job ....]” [Id.]. She was, however, “welcome to apply for open positions in the future.” [Id.]. On August 24, 2022, Ms. Coffman's short-term disability ended. [ECF 28 at 4]. On September 19, 2022, Ms. Coffman's physician cleared her to return to work that day. [ECF 28-5]. Nexstar knew nothing of this given the termination.

On September 15, 2022, Ms. Coffman instituted this action alleging Nexstar's termination decision gave rise to the following claims: (1) disability discrimination in violation of the West Virginia Human Rights Act (“WVHRA”), W.Va. Code § 5-11-1 et seq., (2) retaliatory discharge in violation of the Family Medical Leave Act (“FMLA”), (3) retaliatory discharge in violation of the WVHRA, and (4) failure to provide a reasonable accommodation in violation of the WVHRA.

On August 7, 2023, Nexstar moved for summary judgment on each of Ms. Coffman's claims. [ECF 26]. Nexstar generally contends Ms. Coffman has not met its asserted legitimate business reason for her termination. [ECF 27 at 10]. Nexstar notes her lack of proof that (1) she was able to work at the time she was terminated; (2) “Nexstar's actions were not required to avoid a budget shortfall;” and (3) Nexstar harbored a discriminatory or retaliatory animus towards her. [Id. at 2].

Ms. Coffman responds Nexstar denied her multiple “reasonable accommodations” to wit: (1) permitting her to work remotely; (2) granting her unpaid time for recovery; or (3) permitting her to take paid parental leave, consistent with Nexstar's policy, beginning August 24, 2022, the date her short-term disability expired. [ECF 28 at 10]. She also claims Nexstar's asserted legitimate business reasons for her termination were pretextual. [See id. at 14-17].

II.

A. Governing...