Sieverding v. Humach, LLC

SUSAN SIEVERDING, Plaintiff, v. HUMACH, LLC, Defendant.

No. C18-1030-LTS

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA EASTERN DIVISION

February 27, 2020

MEMORANDUM OPINION AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

TABLE OF CONTENTS

I. INTRODUCTION ........................................................................... 2

II. PROCEDURAL HISTORY ............................................................... 2

III. RELEVANT FACTS ....................................................................... 3

A. Background .......................................................................... 3

B. Sieverding's Intermittent FMLA Leave Begins in 2015 ..................... 4

C. Sieverding's Accommodation Request in 2016 ................................ 6

D. Sieverding's Complaints in 2017 ................................................. 9

E. Sieverding's 2017 ICRC Complaint and Alleged Retaliation ............. 11

F. Sieverding's Indefinite Leave of Absence and Discharge in Late 2017 ........................................................................... 13

IV. SUMMARY JUDGMENT STANDARDS ............................................ 15

V. ANALYSIS ................................................................................. 18

A. Failure to Accommodate Claims ............................................... 18

1. Applicable Standards .................................................... 19

2. Discussion ................................................................. 22

B. Harassment Claims ............................................................... 24

1. Applicable Standards .................................................... 26

2. Discussion ................................................................. 28

a. "Because of" Disability ......................................... 28

b. Severe or Pervasive .............................................. 32

C. Retaliation Claims ................................................................ 34

1. Applicable Standards .................................................... 34

2. Discussion ................................................................. 37 a. Adverse Employment Actions .................................. 37

b. Causation .......................................................... 39

D. Interference with FMLA Rights Claim ....................................... 41

1. Applicable Standards .................................................... 41

2. Discussion ................................................................. 43

E. FMLA Retaliation Claim ........................................................ 44

1. Applicable Standards .................................................... 45

2. Discussion ................................................................. 46

VI. CONCLUSION ............................................................................ 48

I. INTRODUCTION

This case is before me on a motion (Doc. No. 19) for summary judgment filed by defendant Humach, LLC. Plaintiff Susan Sieverding has filed a resistance (Doc. No. 31) and Humach has filed a reply (Doc. No. 37). I find that oral argument is not necessary. See Local Rule 7(c).

II. PROCEDURAL HISTORY

Sieverding commenced this action on July 16, 2018, by filing a three-count complaint (Doc. No. 1) against Humach. Counts I and II assert failure to accommodate, harassment and retaliation in violation of the American with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., and the Iowa Civil Rights Act (ICRA), Iowa Code Chapter 216. Count III alleges interference with rights and retaliation in violation of the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et. seq.

Before filing this action, Sieverding filed a complaint and an amended complaint with the Iowa Civil Rights Commission (ICRC) alleging that she was discriminated against on the basis of her disability, denied an accommodation, harassed and retaliated against. Doc. No. 19-2 at 133-36. The ICRC issued a Right-To-Sue Letter on April 18, 2018, advising Sieverding that she had 90 days to commence judicial proceedings. Doc. No. 31-3 at 20. She then filed her complaint in this court on July 16, 2018. Humach filed its motion for summary judgment on November 15, 2019, seeking judgment in its favor on all counts. A jury trial is scheduled to begin May 26, 2020.

III. RELEVANT FACTS

The following facts are undisputed unless otherwise noted.

A. Background

Humach provides contact center services for a variety of clients and industries. Doc. No. 31-1 at 1. One client was Lifelock, an identity theft protection provider. Id. Humach served Lifelock from a contact center located in Dubuque, Iowa. Id. The center had an open floor plan with rows of cubicles containing approximately 63 workstations. Id. Each employee was assigned a primary workstation based on his or her shift start time and schedule, but all employees had the option to move to an unoccupied workstation on any given day. Id. at 2. Workstations 145 through 148 and 150 through 155 made up a training zone where newly hired employees were assigned until comfortable with all job tasks. Id.

Humach hired Sieverding in December 2011 as a Member Relations Specialist on the Lifelock account. Id. Sieverding worked on the Lifelock account throughout her employment with Humach. Doc. No. 35 at 1. Sieverding's supervisor was Kim Hundrieser and the manager of the contact center was Nancy Prine. Id. at 2. Sieverding's primary duties were to answer phone calls from clients, listen to customers, determine their needs, sell them services that satisfy their needs, and assist in the training and development of new agents through demonstrating, answering questions, observing and offering constructive feedback. Doc. No. 31-1 at 3. On July 10, 2015, Sieverding was promoted to Senior Member Relations Specialist. Id. at 5; Doc. No. 35 at 1. Her job duties remained largely the same, but she had to meet certain criteria to maintain the title. Doc. No. 31-1 at 5.

B. Sieverding's Intermittent FMLA Leave Begins in 2015

In January 2015, after the death of her niece, Sieverding sought the services of a licensed mental health therapist, Dr. Lynne Lutze. Id. at 3; Doc. No. 35 at 1. Starting in February 2015, Sieverding took intermittent FMLA leave due to her grief. Doc. No. 31-1 at 3. She testified that the leave was suggested by Jenni Bauer, a Humach human resources employee, in response to her request to be taken off of retention calls. Doc. No. 35 at 3. Sieverding's FMLA Certification of Health Care Provider dated February 20, 2015 (2015 FMLA certification), states:

Client is struggling with depression related to a recent trauma experience in January 2015. Client reported taking calls dealing with death and the recent loss of a family member has made it very difficult for her to perform her job without breaking down emotionally. She doesn't want to lose her job just have modifications to her calls or change positions if something opens up.

Doc. No. 31-3 at 3. Humach asserts the depression noted in the 2015 FMLA certification was related to the passing of Sieverding's niece a month before. Doc. No. 31-1 at 4. Sieverding disputes this and argues she was told by Bauer that she could take intermittent FMLA whenever she was too emotional to take calls. Id.; Doc. No. 35 at 4.

Sieverding renewed her intermittent FMLA leave in March 2016 and March 2017. Doc. No. 31-1 at 4. Humach argues she did so on the same basis as was provided in the 2015 FMLA certification. Id. Sieverding disputes this and argues her 2016 and 2017 FMLA certifications list a number of additional relevant medical facts that were not included in her 2015 FMLA certification. Id.; Doc. No. 35 at 4. The 2016 FMLA certification states:

[Sieverding] continues to struggle with depression and overwhelming sadness. She has suffered some losses in her family which have magnified her symptoms. She is the main support system for her family which also causes heavy burden and stress. [She] often works with customers who have suffered trauma and loss which often triggers her own emotional trauma. [She] has a hard time keeping her composure when she is under tremendous sadness and grief.

Doc. No. 19-2 at 56. The 2017 FMLA certification states:

[Sieverding] struggles with depression. She has multiple losses in her family system. Her grief magnifies the symptoms of her depression. [She] works in an industry where customers have suffered trauma and loss which triggers her emotionally. She has a hard time keeping her composure on the job. She has a difficult time with concentration and focus on details when emotionally [unintelligible].

Id. at 60.

Humach asserts that when Sieverding asked to take intermittent FMLA leave, it allowed her to do so. Doc. No. 31-1 at 4. Sieverding disputes this and argues she was not permitted to take FMLA leave on numerous occasions when she was experiencing emotional issues. Id. She argues that she was not allowed to use FMLA leave in July 2015. Id.; Doc. No. 35 at 5. On July 13, 2015, Sieverding emailed Bauer, asking "does my FMLA now cover for me to take off to help Heidi [Sieverding's sister]?" Doc. No. 35-1 at 4. Bauer replied, "FMLA does not cover care for a sibling." Id. Sieverding testified that she did not need time off to care for her sister but, instead, to grieve with her sister due to her niece passing and that she explained this to Bauer. Doc. No. 35 at 5-6. Humach argues the email speaks for itself and the FMLA did not cover Sieverding missing work to care for her sister. Id.

Sieverding also argues that she was not allowed to use her FMLA leave in August 2015. Doc. No. 31-1 at 5; Doc. No. 35 at 6. She testified that she requested leave and explained to Bauer she needed leave because her father was in the hospital and her sister was having a baby and these events brought back the sadness of losing her niece. Doc. No. 31-1 at 5; Doc. No. 35 at 6. Humach disputes this and asserts Sieverding requested leave in ...