Opinion

EASTERLING v. COUNTY OF DELAWARE

Court
District Court, E.D. Pennsylvania
Filed
Dec 3, 2024
Cited by
0 cases
Authority
More cited than 33.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

DARICK EASTERLING : CIVIL ACTION

:

v. :

:

COUNTY OF DELAWARE : NO. 23-5016

MEMORANDUM

Bartle, J. December 3 , 2024

Plaintiff Darick Easterling, a correctional officer at

the George W. Hill Correctional Facility, in Delaware County,

Pennsylvania, alleges that defendant County of Delaware

(“Delaware County”) failed to accommodate him in and terminated

him from his job. He maintains that defendant interfered with

his rights under the Family and Medical Leave Act, 29 U.S.C.

§§ 2601, et seq. (“FMLA”) (Count I), discriminated and

retaliated against him under the FMLA (Count II), and

discriminated and retaliated against him on the basis of his

disability under the Americans with Disabilities Act Amendment

Act, 42 U.S.C. §§ 12101, et seq. (“ADAAA”) (Counts III and IV)

and under the Pennsylvania Human Relations Act, 43 Pa. Stat.

§§ 951, et seq. (“PHRA”) (Counts V and VI).

Before the court is the motion of Delaware County for

partial summary judgment under Rule 56 of the Federal Rules of

Civil Procedure as to plaintiff’s claims of retaliation pursuant

to the FMLA (Count II), ADAAA (Count IV), and the PHRA (Count

VI) (Doc. # 11).

I

Under Rule 56 of the Federal Rules of Civil Procedure,

summary judgment is appropriate “if the movant shows that there

is no genuine dispute as to any material fact and the movant is

entitled to judgment as a matter of law.” Fed. R. Civ. P.

56(a); see also Celotex Corp. v. Catrett, 477 U.S. 317, 323

(1986). A dispute is genuine if the evidence is such that a

reasonable factfinder could return a verdict for the nonmoving

party. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 254

(1986). The court views the facts and draws all inferences in

favor of the nonmoving party. See In re Flat Glass Antitrust

Litig., 385 F.3d 350, 357 (3d Cir. 2004).

Summary judgment is granted when there is insufficient

evidence in the record for a reasonable factfinder to find for

nonmovant. See Anderson, 477 U.S. at 252. “The mere existence

of a scintilla of evidence in support of the [nonmoving party]’s

position will be insufficient; there must be evidence on which

the jury could reasonably find for [that party].” Id. In

addition, Rule 56(e)(2) provides that “[i]f a party fails to

properly support an assertion of fact or fails to properly

address another party’s assertion of fact as required by

Rule 56(c), the court may . . . consider the fact undisputed for

the purposes of the motion.” Fed. R. Civ. P. 56(e)(2).

II

The following facts are construed in the light most

favorable to plaintiff.

Since 2003, plaintiff has worked as a Correctional

Officer at the George W. Hill Correctional Facility in Delaware

County. Since 2016, he has been unable to work more than twelve

hours consecutively due to a medical condition. He suffers from

spinal stenosis which causes chronic neck pain. To treat this

pain, he takes hydrocodone and gabapentin twice a day, every

twelve hours. Because the medication affects his ability to

focus and concentrate and blurs his vision, he cannot take the

medications during working hours.

On or about April 6, 2022, Delaware County assumed

management of the facility from the Geo Group, a private entity.

At that time, the new warden, Laura Williams, determined that

due to an employee shortage, it would be necessary for

correctional officers such as plaintiff to work mandatory

overtime, that is two eight-hour shifts for a total of sixteen

consecutive hours. On May 25, 2022, Easterling was terminated

due to his failure to do so.

When Geo Group managed the facility, it resolved the

shortage problem by having employees work a full eight-hour

shift, plus a portion of a second eight-hour shift. Rather than

requiring employees unable to work a full sixteen hours do so, a

second employee would volunteer to complete the remainder of the

shift. That way, those employees who could not work a full

sixteen hours were able to continue to hold their jobs.

In March of 2022, Warden Williams attended a

transition meeting with, among other individuals, the president

and vice president of the correctional officers’ union. At his

deposition, Frank Kwaning, the union president, testified that

during this meeting he commented that certain employees could

not complete mandatory overtime. He inquired what the County’s

position would be on continuing to accommodate them and Warden

Williams responded that such employees would be accommodated.

The union vice president, Ashley Gwaku, asked how this would

occur. Warden Williams replied that “we will get back to you

guys.”

As part of the facility’s transition to public

management, all correctional officers interviewed with the

County to retain their positions. Easterling interviewed for

his position as a correctional officer on March 14, 2022 and was

offered conditional employment that same day. He was scheduled

to begin working for the County on April 6, 2022, the date it

assumed management of the facility. His offer letter stated

that “mandated overtime” was an essential job duty. Such

overtime is described in the attached job description as an

“[a]bility to work up to sixteen (16) hours within a rolling 24-

hour period.”

Plaintiff states that on or about April 6, 2022 he

notified Warden Williams that he was unable to work sixteen

hours consecutively. Soon thereafter, he submitted an “ADA

Reasonable Accommodation Request Form” to the County. He

included a note from his doctor confirming that he could not

work more than twelve hours at one time. He provided this

paperwork to Human Resources, which requested that he resubmit

this information using the format provided by the County.

Angela Fratterelli, the Human Resources advisor and manager of

employee relationships and leave of absences, testified at her

deposition that no employee was to be disciplined while an

interactive process concerning proposed accommodations was

ongoing.

On April 13, 2022, plaintiff submitted conforming

paperwork to the County. A few days later, Human Resources gave

him another form for his doctor to complete.

On April 22, 2022, plaintiff was required to work two

consecutive eight-hour shifts. After working twelve hours, he

told his supervisor that he could not work any longer and left.

On April 29, 2022, Amanda Lubrano, a Lieutenant, filed a

disciplinary action form against him for this conduct despite

the County’s policy that no discipline would occur during the

pendency of an employee’s interactive process with the County to

determine his or her appropriate accommodation. This form

stated:

On April 29, 2022, you left the facility

prior to the end of your shift indicating

that you were ill. This leave was

unauthorized and against facility policy as

you do not have sick time to cover the

hours.

Upon receiving this notification, he attempted to provide his

lieutenant with documentation that showed that he had a pending

request for an accommodation. The lieutenant refused to accept

it.

On May 2, 2022, plaintiff met with Human Resources. In

that meeting, they discussed plaintiff’s condition and how it

impacted his performance.

On May 6, 2022, plaintiff again did not complete his

mandatory overtime because he needed to take his medication. In

response, Lubrano filed a disciplinary action form against him.

It stated that he “refused to complete his mandatory overtime

and felt sick stating he needed to take his medication.”

Although the form references an “attached statement,” no such

statement is in the record.

On May 17, 2022, plaintiff once more failed to

complete his mandatory overtime because of the need to take his

medication. On May 19, Lieutenant R. Davis, the shift commander

at the time, filed a disciplinary action form against plaintiff.

He wrote:

On May 17, 2022, at approximately 4:00am,

Officer Easterling notified the Shift

Commander’s Officer that he would be leaving

early on his mandatory overtime. This

officer has no sick time available.

The form states that the lieutenant then serving as shift

commander “refused to accept [Officer Easterling’s] paperwork”

which demonstrated that he had made a request for an

accommodation pursuant to the ADA. In connection with this

disciplinary action, plaintiff was suspended for one day.

Kwaning, the union president, testified that multiple

employees reached out regarding mandatory overtime when the

County announced it would be required and Easterling and other

employees submitted documentation regarding their inability to

complete sixteen consecutive hours of work. Although he was

union president at the time, his attempts to access the facility

in order to represent the union members were denied.

On May 25, 2022, the County terminated plaintiff. Its

letter stated:

The reason for this decision is that,

because of your medical condition, you are

unable to perform the essential functions of

the job. Specifically, based upon the

information provided by your medical

provider, as well as the additional

information and clarifications that we have

received from you (and that provider), you

are unable to work more than twelve (12)

consecutive hours due to the medicines you

are taking. . . . Given that you are unable

to do so and given that you and your medical

provider has advised that your medical

condition is a chronic, lifelong condition,

there are no accommodations that can be

provided.

(emphasis added).

III

First, Delaware County moves to dismiss plaintiff’s

claims of retaliation under the ADAAA (Count IV) and the PHRA

(Count VI).1 To establish a claim of retaliation under the ADAAA

and under the PHRA on the basis of a disability, plaintiff must

first make a prima facie showing of retaliation. He may do so

by showing that he engaged in protected conduct, that the

employer took an adverse action either after or at the same time

as the employee’s protected activity, and that the protected

conduct and the adverse action were causally related. Shaner v.

Synthes (USA), 204 F.3d 494, 500 (3d Cir. 2000).

The County does not contest that plaintiff engaged in

protected activity by requesting an accommodation or that his

termination was an adverse action. The County challenges the

third prong of plaintiff’s prima facie case. It argues that no

reasonable jury could conclude that plaintiff’s request to work,

1. Plaintiff’s PHRA claim is coextensive with his ADAAA claim

and will be addressed together. Kelly v. Drexel Univ., 94 F.3d

102, 105 (3d Cir. 1996).

at most, twelve hours consecutively, on April 6, 2022, was

causally related to his termination on May 25, 2022. In Parrish

v. County of Delaware, my colleague Judge John F. Murphy denied

the County’s motion for summary judgment in a factually

analogous case. Civ. A. No. 22-4552, 2024 WL 3295585, at *1

(E.D. Pa. July 3, 2024). In that action, the plaintiff was a

correctional officer at the George W. Hill Correctional Facility

until she was terminated for her inability to work sixteen hours

due to a disability. Id. The County argued, as it does here,

that plaintiff had failed to establish a causal relationship

between her request for an accommodation and her termination.

Id. at *7. However, Judge Murphy concluded that all parties

agreed that plaintiff was terminated because she was unable to

work the overtime the County mandated. Id.

This reasoning applies in equal force to this case.

In its termination letter, the County concedes that he was

terminated because his medical condition made him “unable to

work more than twelve (12) consecutive hours.” Plaintiff has

come forward with evidence of a causal connection between his

disability and his subsequent termination.

The County also argues in this case that plaintiff has

failed to show a causal connection due to a lack of temporal

proximity. Temporal proximity is one indicator of retaliatory

intent, but if such proximity is not “unusually suggestive,” a

plaintiff may provide evidence of a “pattern of antagonism” in

the intervening period. See Krouse v. Am. Sterilizer Co., 126

F.3d 494, 504 (3d Cir. 1997). For example, our Court of Appeals

has denied summary judgment on a claim of retaliation pursuant

to the ADA when plaintiff had sufficiently shown a causal

connection between her termination and her protected activity of

filing an Equal Employment Opportunity Commission complaint, of

which defendant received notice a month before her termination.

Shellenberger v. Summit Bancorp., Inc., 318 F.3d 183, 188-89 (3d

Cir. 2003). In that action, the court determined that a

reasonable jury could find that there was a causal connection on

the basis of temporal proximity and a pattern of antagonism,

such as her supervisor’s comment ten days prior to her

termination that she was “taking the legal route.” Id. at 189.

Here, the temporal proximity between plaintiff’s

request and his termination was only forty-two days.2 Coupled

with this time frame, plaintiff provides sufficient evidence of

antagonism. His superiors continued to impose disciplinary

action against him, a violation of Human Resources’ stated

policy not to impose discipline during the interactive process

2. The County maintains it was not informed of plaintiff’s

disability until he submitted the County’s paperwork on April

13, 2022. Plaintiff disputes this, as he avers that he

requested an accommodation on April 6, 2023 and therefore the

temporal proximity between that and his termination is forty-

nine days.

to determine the appropriate accommodation. Each time he

attempted to inform his superiors of his disability, they

refused to accept his documentation. Viewing this evidence in

the light most favorable to plaintiff, a reasonable jury could

find that he has established a causal relationship between his

request for an accommodation and his ultimate termination.

After establishing a prima facie case of retaliation,

the burden shifts to the defendant to proffer a legitimate, non-

discriminatory reason for the adverse action. In this action,

the County states that working mandatory overtime is an

essential job requirement and that the County is unable to

accommodate employees that are unable to work sixteen hours

consecutively.

Plaintiff has the ultimate burden of persuasion to

show that this legitimate, non-discriminatory reason is merely

pretext. He may do so by pointing to evidence that would lead a

reasonable factfinder either to disbelieve the employer’s

articulated reason or to believe that the discriminatory reason

was more likely than not the motivating cause of the employer’s

action. Jones v. Sch. Dist. of Phila., 198 F.3d 403, 413 (3d

Cir. 1999). The County argues that plaintiff fails to provide

any evidence that its legitimate, non-discriminatory reason is

pretext for discrimination.

In Parrish, Judge Murphy also considered this

question. Civ. A. No. 22-4552, 2024 WL 3295585, at *8. He

ruled in that action that there were disputed facts as to

whether the County’s legitimate non-discriminatory reason for

plaintiff’s termination was pretext. In that action, plaintiff

presented evidence that Warden Williams “had an agenda” to

target those who required ADAAA or FMLA accommodations and

Fratterelli testified that all employees who requested such

accommodations were terminated. Id.

In this action, plaintiff proffers similar evidence of

an “agenda.” Testimony shows that Warden Williams committed to

accommodating employees who were not capable of working sixteen

hours consecutively, then changed tack when Delaware County

began to manage the facility. Additionally, plaintiff has

evidence that, despite the County’s policy to decline to impose

discipline during the accommodations period, he was disciplined

on multiple occasions for his failure to complete two

consecutive eight-hour shifts. This break with accepted policy

supports plaintiff’s position that the County’s requirement that

all employees work mandatory overtime is pretext.

As in Parrish, a reasonable jury could find that that

discriminatory intent was more likely than not the motivating

cause of the County’s requirement. The motion of Delaware

County for summary judgment as to plaintiff’s claims of

retaliation under the ADAAA and the PHRA will be denied.

IV

Delaware County further argues that summary judgment

should be granted in its favor on plaintiff’s claim of

retaliation under the FMLA (Count II). To establish an FMLA

retaliation claim, the plaintiff must show that: (1) he invoked

his right to FMLA-qualifying leave; (2) he suffered an adverse

employment action; and (3) the adverse action was causally

related to his invocation of rights. Ross v. Gilhuly, 755 F.3d

185, 193 (3d Cir. 2014).

The County first maintains that plaintiff failed to

request FMLA leave. The plaintiff need not provide his employer

with a formal written request for leave and the “employee need

not expressly assert rights under the FMLA or even mention the

FMLA . . . .” Sarnowski v. Air Brooke Limousine, Inc., 510 F.3d

398, 402 (3d Cir. 2007) (quoting 29 C.F.R. § 825.302(c)). An

employee merely needs to state a qualifying reason for the

leave.

There is ample evidence in the record that plaintiff

clearly explained his reason for working at most twelve hours

consecutively. Each time he stated he was assigned mandatory

overtime and that he needed to take four hours of FMLA leave at

the end of each mandatory eight-hour shift. He submitted his

own paperwork upon beginning his position, re-submitted

paperwork that conformed with the County’s administrative

requirements, and notified his supervisor of his disability each

time he was scheduled to work sixteen hours consecutively.

While there is no evidence that he identified the FMLA in making

these requests, the statute imposes no such requirement.

Sarnowski, 510 F.3d at 402. A reasonable jury could find that

plaintiff invoked his right to FMLA leave.

Next, the County argues that plaintiff has not

established a causal connection between his request to limit his

mandatory overtime and his termination. As discussed above,

plaintiff does not merely rely on temporal proximity to prove

his case. He also provides evidence of a pattern of antagonism

which a reasonable jury may conclude is sufficient evidence of a

causal link between his request and termination.

The County also asserts that plaintiff cannot

establish that his request for leave under the FMLA was a

motivating factor in his termination. This argument is without

merit. The County’s letter states that he was terminated due to

his inability to work sixteen hours consecutively.

Finally, the County contends that plaintiff has failed

to show that its legitimate, non-discriminatory reason for

terminating plaintiff is pretext. On the contrary, as the court

explains above, plaintiff has produced evidence that the

County’s requirement that all correctional officers work sixteen

hours consecutively as mandatory overtime is pretext. This is a

material, disputed fact, and thus summary judgment is not

appropriate on plaintiff’s claim of retaliation pursuant to the

FMLA.

The motion of Delaware County for summary judgment on

plaintiff’s claim for retaliation under the FMLA will be denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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