McCormack v. Blue Ridge Behavioral Healthcare

523 F.Supp.3d 841

Jeanne MCCORMACK, Plaintiff,

v.BLUE RIDGE BEHAVIORAL HEALTHCARE, Defendant.

Civil Action No. 7:18CV00457

United States District Court, W.D. Virginia, Roanoke Division.

Signed March 03, 2021

Linda Leigh Strelka, Norvell Winston West, IV., Thomas Eugene Strelka, Strelka Employment Law, Roanoke, VA, for Plaintiff.

Jim H. Guynn, Jr., Guynn & Waddell, PC, Salem, VA, for Defendant.

MEMORANDUM OPINION

Glen E. Conrad, Senior United States District Judge

Jeanne McCormack filed this action against her former employer, Blue Ridge Behavioral Healthcare ("Blue Ridge"), asserting claims under the Family and Medical Leave Act ("FMLA"), 29 U.S.C. §§ 2601 – 2654, and the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101 – 12213. The case is presently before the court on Blue Ridge's motion for summary judgment. For the reasons set forth below, the motion will be granted with respect to McCormack's claims under the FMLA and her claims of discrimination and retaliation in violation of the ADA.¹

Factual Background

The following facts are either undisputed or presented in the light most favorable to McCormack. See Tolan v. Cotton, 572 U.S. 650, 651, 134 S.Ct. 1861, 188 L.Ed.2d 895 (2014) (emphasizing that courts must view the evidence on summary judgment in the light most favorable to the nonmoving party).

I. Employment with Blue Ridge

In June of 2014, Blue Ridge hired McCormack to work as a case manager for adults with severe mental illnesses. McCormack Dep. 8, ECF No. 28-1.² In that position, McCormack worked with clients to form a support plan specific to each client's needs. Id. at 9. Her caseload ranged from 35 to 60 clients, and her assigned work hours were from 8:30 a.m. to 5:00 p.m. Id. at 10–11, 13.

As a benefit of her employment, McCormack earned paid time off ("PTO") that covered sick days, vacation days, and holidays. Id. at 13–14. Employees with five years of service or less accrued a maximum of 4.5 hours of PTO per week. Def.’s Reply Ex. 3, ECF No. 31-4.

II. Medical Issues

Approximately four months into her employment, McCormack began suffering from migraine headaches. McCormack Dep. at 17. The headaches prevented McCormack from walking straight and caused her to feel like she was having a stroke. Id. at 18. As a result, McCormack sought medical treatment and had to miss work. Id. at 16. She used PTO to cover the occasions on which she missed a complete day of work. Id. at 19. If she needed to leave work early, McCormack would sometimes "flex the time over the week, and either stay an hour longer or come in an hour earlier." Id. at 23.

In August of 2015, McCormack was found to have tumors on her liver. Pl.’s Ex. 2, ECF No. 28-2. Although the associated pain affected McCormack's ability to work, the tumors did not require surgery or any time off from work. McCormack Dep. 26–27. Nor did they "require any sort of accommodation from Blue Ridge." Id. at 27.

In April of 2016, McCormack was diagnosed with uterine fibroids. Pl.’s Ex. 3, ECF No. 28-3. The condition required inpatient surgery in August of 2016, followed by a six-week recovery period. McCormack Dep. 27–28. During that period, McCormack utilized PTO until it was exhausted and then "went on short-term disability" leave. Id. at 24. Written records from Blue Ridge indicate that McCormack requested FMLA leave beginning on August 15, 2016, and that she was issued a notice informing her that she was eligible for such leave. Def.’s Reply Ex. 1 at 1, ECF No. 31-2. After McCormack returned to work following the surgery, she applied for and was granted intermittent FMLA leave. McCormack Dep. 25; Def.’s Reply Ex. 1 at 2.

In December of 2016, McCormack was diagnosed with a bacterial infection. Pl.’s Ex. 4, ECF No. 28-4. As a result of the infection, McCormack had to miss work. McCormack Dep. 35. She was once again approved for intermittent FMLA leave. See Pl.’s Ex. 5 (FMLA certification form indicating that McCormack was "unable to work during flare-ups"); see also Def.’s Reply Ex. 1 at 3 (granting intermittent FMLA leave from December 1, 2016, to December 1, 2017).

III. Actions Taken after Requesting Leave

McCormack contends that Blue Ridge treated her differently after she requested time off for medical reasons. The first example she provides relates to Blue Ridge's flextime policy. During her period of employment, Blue Ridge had a written policy that allowed for adjustments to be made to an employee's daily schedule with the discretionary approval of an immediate supervisor. See Pl.’s Ex. 6, ECF No. 28-6 ("Flextime scheduling must take into account the needs of the clients and requires approval of the immediate Supervisor. Flextime scheduling is a privilege and not a right, and as such, employees must demonstrate the ability to work productively and remain in good standing with [Blue Ridge]."). McCormack occasionally utilized the flextime policy to "swap a day off during the week for working a day on the weekend." McCormack Dep. 62. However, after McCormack began taking FMLA leave, her flextime privileges were "taken away from [her]." Id. at 45. When McCormack "asked why that was the case," her supervisor, Shannon Horton, allegedly said, "You're being treated differently because you're on FMLA." Id. (internal quotation marks omitted); see also id. at 62. Horton also told McCormack that she needed to use her PTO more wisely. Id. at 61; see also Horton Dep. 35, ECF No. 28-9 (indicating that McCormack "was asked not to use flextime anymore" after "it became excessive").

In February of 2017, Horton completed McCormack's annual performance review for 2016. Pl.’s Ex. 10, ECF No. 28-10. In each of twelve categories, Horton rated McCormack's performance as satisfactory or commendable. Id. at 2–4. Nonetheless, in the category of "Reliability and Cooperation," Horton noted that McCormack's "[a]ttendance" was "a concern" and that she had been "open to discussions with supervisor about planning PTO." Id. at 4.

In March of 2017, McCormack met with Horton and Claude Henson, Blue Ridge's human resources manager, regarding the use of flextime for medical appointments. McCormack Dep. 65–67. During the meeting, Henson told McCormack that "she was being treated differently because she was on FMLA." Henson Dep. 21, ECF No. 28-8. At his deposition, Henson testified that he meant that McCormack "had job protection as a result of [the FMLA]." Id. According to McCormack, however, she was told that the FMLA did not protect her and that she would be denied the use of flextime until she "manage[d her] time like an adult." McCormack Dep. 63 (internal quotation marks omitted); see also id. at 94 (recalling Henson saying that she "need[ed] to use [her] PTO like an adult and manage [her] time like an adult").

It is undisputed that McCormack took time off for reasons unrelated to her medical issues. For instance, McCormack took off a week or more for a wedding. McCormack Dep. 56, 107, ECF No. 28-1; Michelle Warren Dep. 24–25, ECF No. 27-4. She also requested time off to go snowboarding and after moving. Warren Dep. 25; Pl.’s Ex. 11 at 11–12, ECF No. 28-11. At times, Horton questioned whether McCormack had enough PTO to use. McCormack Dep. 55. However, McCormack contends that she "never" took unpaid leave from work. Pl.’s Br. Opp'n Summ. J. 12, ECF No. 28; see also McCormack Dep. 40 (answering "No" in response to being asked whether she ever took unpaid leave); id. at 55 ("I don't remember taking unpaid leave.").

In May of 2017, McCormack attended three meetings with Horton, Henson, and others, which she recorded without their knowledge.³ McCormack Dep. 88, 125–26. During a meeting held on May 8, 2017, Henson reported that McCormack had complained of job-related stress, which "could potentially fall under the Americans with Disabilities Act as a disability." Pl.’s Ex. 11 at 4. In response to questions from Henson, McCormack indicated that stress was not affecting her ability to do her job and that she was still meeting the same goals from a statistical standpoint. Id. at 7. Henson subsequently emphasized that "being on time really means being on time." Id. When asked whether McCormack was late frequently enough to cause concern, another meeting participant indicated that McCormack was "pretty good at being on time" but used "a lot of last-minute PTO." Id. at 8. The meeting then focused on McCormack's use of leave for matters that were "not FMLA-related." Id. at 11–12. Henson emphasized that McCormack risked "going into leave without pay" and that she needed to bank time to use in the future. Id. at 12–13. Another participant expressed the opinion that McCormack's "pattern of weekly time away from work" was "excessive." Id. at 19. Henson agreed that "[a]sking off at the last minute or missing ... time ... each and every week" was a problem and that McCormack "need[ed] to be considerate of that." Id. at 20.

On May 15, 2017, McCormack met with Horton and Hartman Adams. Pl.’s Ex. 12 at 2, ECF No. 28-12. Horton began the meeting by noting that they were there to address a policy violation and associated written warning, which stemmed from McCormack leaving a conference early on a Friday without telling anyone until the following Monday. Id. at 3. Horton reminded McCormack that she needed to immediately inform her supervisors of any changes to her work schedule. Id. In response, McCormack asserted that she left the conference early because of an emergency, and that she had "never done that" before. Id. McCormack signed the disciplinary warning "under protest" and expressed the belief that she was being treated differently than other employees who engaged in similar conduct. Id. at 4–5.

During the third meeting in May of 2017, Henson indicated that the participants had gathered to discuss "how things work under FMLA, PTO, [and] leave without pay," as well as the fact that McCormack believed that she was being treated differently with respect to flextime. Pl.’s Ex. 13 at 3, ECF No. 28-13. As...