Treiber v. Lindbergh School Dist.

199 F.Supp.2d 949

Susan A. TREIBER, Plaintiff, v. LINDBERGH SCHOOL DISTRICT, Defendant.

No. 4:00CV2004 TCM.

United States District Court, E.D. Missouri, Eastern Division.

April 11, 2002.

COPYRIGHT MATERIAL OMITTED

David M. Heimos, Heimos Law Office, Clayton, MO, for plaintiff.

Charles S. Elbert, Partner, John Gianoulakis, Partner, Jennifer L. Rogers, Kohn and Shands, St. Louis, MO, for defendant.

MEMORANDUM AND ORDER

MUMMERT, United States Magistrate Judge.

This employment discrimination action is before the Court¹ on the motion of defendant, Lindbergh School District, for summary judgment on the complaint filed by plaintiff, Susan Treiber, alleging that her teaching contract was not renewed because of a disability, or perception or record thereof, in violation of the American with Disabilities Act, 42 U.S.C. §§ 12101-12213.

Background

Having twelve years of teaching experience, Susan Treiber ("Plaintiff") was hired by the Lindbergh School District ("Defendant") as a music teacher for the 1995-96 school year. (Pl.Ex. A; Undisputed Facts ¶ 3.) Her teaching contract was renewed for the 1996-97, 1997-98, and 1998-99 school years. (Id. ¶ 12.) Plaintiff taught elementary, middle school, and high school band and elementary and middle school strings. (Id. ¶ 9.)

In January 1999, Plaintiff was given an "Intent to Return" letter. (Pl.Ex. 6.) The letter asked "who, if offered a contract, will be returning for the coming [1999-2000] year." (Id.) The letter also cautioned the recipient, "[n]either this `intent to return' form nor your signature constitutes a contractual obligation by either party." (Id.) Plaintiff signed and returned the form on January 21. (Id.)

On or about February 1, Plaintiff had a mammogram. (Undisputed Facts ¶ 24.) A suspicious mass was revealed and a needle biopsy was performed. (Id.) On February 3, she was told by her physician that she had breast cancer, Stage II, and would need surgery. (Id. ¶ 25; Def. Ex. L.) She visited with her physician, Jeffrey F. Moley, M.D., the next day. (Id.)

On February 5, Plaintiff completed a leave request form, asking that she be granted sick leave for the period from February 12 to February 26. (Def.Ex. M.) The reason given was "surgery." (Id.) When asked by the principal's secretary why she was having the surgery, Plaintiff explained that she would rather not talk about it. (Pl. Dep. at 77.) Her request was granted that same day. (Def.Ex. M.) On February 8, Dr. Moley wrote a letter to "Whom It May Concern," confirming that Plaintiff was under his care and unable to work from February 12 to February 26. (Def.Ex. N.) He was identified as being with the Department of Surgery, Washington University School of Medicine.² (Id.) His letter did not explain the reason for the surgery. (Id.) Plaintiff testified in her deposition that she could not remember telling anyone in the school district prior to her surgery that she had breast cancer. (Pl. Dep. at 86.) Nor did she have any information that anyone in the district knew. (Id.)

Plaintiff underwent a lumpectomy on February 9 or 11 to remove a mass from her left breast. (Id. at 57, 74-75.) A handwritten note dated March 1 and apparently signed by Dr. Motley cleared Plaintiff to return to work on "limited, light duty." (Def.Ex. J.) Plaintiff returned to work one day later than anticipated. (Def.Ex. U.) Her request for sick leave for that day was approved.³ (Id.)

While on sick leave, Plaintiff received a memo from Shelton Smith, the Assistant Superintendent for Personnel, addressed to her, Michelle Howard, and Susan Rola on the subject of performance evaluations. (Def.Ex. R.) The memo informed the three teachers that performance evaluations had been completed for each and were on file. (Id.) The teachers were asked to make an appointment with Smith to review their evaluations. (Id.) The memo concluded with the sentence, "Obviously, if there were any significant concerns and problems, you would have been contacted." (Id.) Added to Plaintiff's copy was a handwritten note — "Hope you fully recovered! Welcome back. Shelton." (Id.)

Also, in February 1999, Jim Sandfort, the Superintendent, sent Plaintiff a card with the printed words, "Hope you're up and flying soon!" and a handwritten note, "Sue, Hope your recovery is a speedy one." (Pl.Ex. 67.) Sandfort routinely sent employees get-well cards when they were on sick leave. (Sandfort Supp. Aff. ¶ 1; Burney Dep. at 17.) He routinely did not inquire into why a teacher requested sick leave. (Sandfort Supp. Aff. ¶ 3.)

On March 4, Plaintiff and two representatives of the teachers' union met with Smith.⁴ At the beginning of the meeting, Plaintiff informed Smith that she had breast cancer and would be undergoing chemotherapy. (Pl. Dep. at 92.) The only people in the school district that she had told of her cancer before the meeting were the two representatives, Mary Hogan and Susan Burney. (Id. at 90-92.) Plaintiff, Hogan, and Burney each took notes at the meeting. (Def. Exs. R-1 to R-3.) Plaintiff's notes include the following: "hired because could teach strings [and] band[;] not strongest string candidate or strongest band candidate[; Smith] said I might lose my job if they eliminate elem[.] because principals would choose who they think is strongest candidate[.]" (Def.Ex. R-3.) Burney's recollection of the discussion was similar to Plaintiff's. (Burney Dep. at 27-28.) Additionally, it was Burney's perception coming into the meeting, based on what Plaintiff had told her, that there was a likelihood that Plaintiff would not be offered a contract for the next year. (Id. at 37.) Smith also said at the meeting that the District might hire specialist music teachers, for example, a person with low strings — cello and bass — experience. (Id. at 38.) Plaintiff emphasized that she could do whatever was necessary to continue teaching. (Id.) Smith's remarks to Plaintiff during the meeting were consistent with his notes of his 1995 interview with Plaintiff. (Id. at 39-40; Def. Ex. B.) Those notes included Smith's opinion that Plaintiff was not as strong as two other instrumental candidates or as one string candidate, but was adequate for both strings and instrumental.⁵ (Def.Ex. B.)

Between March 4 and April 13, Plaintiff told other people in the school district that she had breast cancer, including Deb Peppers, a drama teacher; Carolyn Amen; Sue Rola; and Michelle Howard. (Id. at 102.) She testified in her deposition that she could not remember ever telling Sandfort about her cancer or the chemotherapy. (Id.) She did not discuss either with any member of the school board. (Id. at 103.) She had no information that Smith told Sandfort about her cancer or chemotherapy or that Smith or Sandfort told any member of the school board about her cancer or chemotherapy. (Id. at 103-04.) Sandfort avers that he did not know Plaintiff had or was being treated for breast cancer until after April 13. (Sandfort Aff. ¶ 8.) Vic Lenz, the Assistant Superintendent for Curriculum, also avers that he did not know about Plaintiff's breast cancer until December 1999. (Lenz Aff. ¶ 9.)

On March 24, Smith wrote Plaintiff that "unsatisfactory" marks on her performance evaluations had been changed to "meets expectations." (Def.Ex. X.) He concluded with a "hope that her medical treatments had been successful." (Id.) Teacher evaluations provided for three ratings: "meets expectations"; "unsatisfactory"; and "not observed." (Def.Exs.3F-3I.) Written comments by the District Music Coordinator, Robert Tobler, on both of Plaintiff's 1996-97 and 1997-98 evaluations included an observation that Plaintiff needed to continue studying strings. (Id.)

On March 26, Smith wrote Plaintiff to "share some information with [her]." (Def.Ex. Y.) The information was, in relevant part, as follows.

When you were hired, you were not the strongest instrumental music teacher we interviewed; you were not the strongest strings candidate that we interviewed. However, you were one of the stronger applicants who could do both, and you could also teach vocal music. Thus, we recommended you for employment. One of the administration's responsibilities is to recommend to the Board of Education only the very best candidates who are available for employment. While you have been an asset in many ways, there have been concerns that we have already addressed, i.e., Crestwood parent and student concerns; Sperreng Middle School parent and student concerns related to Show Choir. I know that parents have expressed concerns to various Board members — not about any one thing, but just the fact that their children don't see your enthusiasm for music. Another concern that we have is that no principal will step forward and say that your students are "on fire" for you as a teacher, and none of them points to any significant accomplishments that you've made to make the music program exciting. Any significant growth and improvements that we've seen have been initiated by either other experienced music educators or the newer hires.

(Id.) He further informed Plaintiff that she should decide whether she wanted to submit a letter of resignation and seek other employment, with Defendant's support. (Id.) Smith cautioned Plaintiff that it was "more than likely" that she would not be re-employed. (Id.)

On April 9, Plaintiff and Hogan met with Smith. (Undisputed Facts ¶ 57.) Her notes from that meeting begin with "status doesn't look good; doesn't relate to performance; nothing I did wrong; anticipation in change in music program; much greater emphasis for strings at elem[entary] level; hired for versatility; not what district is looking for now." (Def.Ex. BB-1.) Plaintiff informed Smith that she would do what was needed. (Id.) Plaintiff also applied for a teaching position with the Parkway School District on or about April 10 and for a teaching position with the Ladue School District on or about April 13. (Undisputed Facts ¶¶ 61, 62.)

On April 13, the Board...