Opinion

Vrabel v. Progressive North Ridgeville, LLC

Court
District Court, N.D. Ohio
Filed
Sep 15, 2025
Cited by
0 cases
Authority
More cited than 39.3%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OHIO

EASTERN DIVISION

JENNIFER VRABEL, ) CASE NO. 1:24 CV 1193

)

) JUDGE DONALD C. NUGENT

Plaintiff, )

)

v. ) MEMORANDUM OPINION

) AND ORDER

PROGRESSIVE NORTH )

RIDGEVILLE, LLC, )

)

Defendant. )

This matter is before the Court on the Motion of Defendant Progressive North Ridgeville,

LLC (“Progressive”) for Judgment on the Pleadings or, in the alternative, motion in limine to

prohibit Plaintiff from introducing evidence of an ADA violation, or a violation of R.C.

4112.02(A) (alleged claims of disability discrimination.)(ECF #24).! Plaintiff has filed a brief in

opposition and Defendant has filed a reply brief in support. For the reasons that follow

Defendant’s Motion for partial judgment on the pleadings is granted.

Factual and Procedural Background

Plaintiff Jennifer Vrabel filed this action on July 15, 2024 asserting that her former

While denoted as a motion for judgment on the pleadings, in fact Defendant seeks partial

judgment on the pleadings as to Counts II and III of Plaintiff's Complaint. There is no

motion with respect to Plaintiffs claim under the Family Medical Leave Act in Count I of

the Complaint.

employer, Defendant Progressive, denied her benefits and rights under the Family Medical Leave

Act (““FMLA”)(Count I), violated the Americans with Disability Act (““ADA”)(Count II’, and

violated the Ohio Disability law, Ohio Revised Code §§ 4112.02 and 4112.99 (Count IID.

The Complaint sets forth Plaintiffs claims under the ADA and Ohio Disability law and

the factual support for those claims in relevant part as follows:

9. Plaintiff worked for the Defendant as a licensed practical nurse

beginning December 3, 2021 until on or about December 2, 2023.

12. Plaintiff lives with and cares for her father, Robert Vrabel, who at all

relevant times has had a serious health condition within the meaning of the

FMLA, to wit, cancer.

13. Defendant approved Plaintiff's request for FMLA intermittent leave to

care for her father, which Defendant allowed her to use until on or about

December 2, 2023, when Defendant told her she could no longer take

intermittent leave but would have to use the remaining FMLA leave in one

block of time rather than intermittently.

16. Defendant laid Plaintiff off, forcing her to find other employment as

she needed an income.

20. Defendant is an employer as defined under the ADA.

21. At all times relevant Plaintiffs father has had cancer, a recognized

disability under the ADA, and was undergoing treatment which required

Plaintiff to provide care and comfort on an intermittent basis and for

which she previously sought time off.

22. Defendant knew about Plaintiff's father’s disability.

Plaintiff appears to have misnumbered her claims for relief in that her claim under the

ADA is also designated as Count I. Accordingly, the Court will treat Plaintiff's claim

under the ADA as Count II.

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23. Plaintiff was qualified for and could perform the essential functions of

her job with or without a reasonable accommodation.

24. Defendant failed to accommodate Plaintiffs need to care for her father

on an intermittent basis on or after December 2, 2023 but instead required

her to take all her unused leave at one time when she only needed to be off

on an intermittent basis after he was given his therapy and then only for a

short period of time.

25. Plaintiff was fully capable of doing her job with the appropriate

accommodation. Instead, Defendant laid Plaintiff off and she was forced to

find other employment as she needed an income.

26. As result of Defendant's actions, Plaintiff suffered significant

emotional distress, lost income, promotional opportunities, and other

compensatory damages.

27. Defendant acted with malice and/or with reckless indifference to

Plaintiff's federally protected rights, in that it discriminated against

Plaintiff in the face of a perceived risk that its actions would violate

federal law, thereby entitling Plaintiff to an award of punitive damages.

28. Plaintiff timely filed a charge of discrimination with the Equal

Employment Opportunity Commission (EEOC) on or about January 30,

2024, EEOC Charge No. 532-2024- 01522 alleging discrimination based

on disability as required by law A copy of her charge marked as Exhibit A,

is attached hereto.

29. Plaintiff received a Notice of Right to Sue on or after April 30, 2024

from the EEOC giving her ninety (90) days to file suit. A copy of the

notice is attached as Exhibit B.

31. By it actions and inactions as set forth in Count Two, Defendant

violated Ohio Revised Code § 4112.02(A), which makes it unlawful for

any employer to discriminate against an employee because of disability

with respect to hire, tenure, terms, conditions, or privileges of

employment, or any matter directly or indirectly related to employment.

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32. Defendant acted with malice, thereby entitling Plaintiff to an award of

punitive damages.

Standard of Review

Fed. R. Civ. P. 12(c) provides, “[a]fter the pleadings are closed — but early enough not to

delay trial — a party may move for judgment on the pleadings.” The standard of review for a

motion for judgment on the pleadings is the same as for a motion to dismiss for failure to state a

claim under Fed. R. Civ. P. 12(b)(6). E.E.0.C. v. LH. Routh Packing Co., 246 F.3d 850, 851

(6™ Cir. Ohio 2001) (citing Grindstaff v. Green, 133 F.3d 416, 421 (6 Cir. Tenn. 1998)). □□□□□□

well-pleaded material allegations of the pleadings of the opposing party must be taken as true,

and the motion may be granted only if the moving party is nevertheless clearly entitled to

judgment.” Poplar Creek Dev. Co. v. Chesapeake Appalachia, L.L.C., 636 F.3d 235, 240 (6"

Cir. 2011) (citation omitted).

The complaint must contain “sufficient factual matter, accepted as true, to ‘state a claim

to relief that is plausible on its face.’” Solo v. UPS Co., 819 F.3d 788, 793 (6" Cir. Mich. 2016)

(quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)). In construing the pleadings, the Court

accepts the factual allegations of the non-movant as true, but not unwarranted inferences or legal

conclusions. Holland v. FCA US LLC, 656 F. App'x 232, 236-37 (6" Cir. Mich. 2016) (citing

Gregory v. Shelby Cnty., 220 F.3d 433, 446 (6" Cir. Tenn. 2000)).

Discussion

Defendant moves for judgment on the pleadings as to Plaintiff's claims under the ADA

and §4112.02(A) (Counts II and because Plaintiff failed to allege that she has a disability

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recognized by the statutes.’ Specifically, Plaintiff seeks to extend the ADA and Ohio law to

require an employer to provide an employee without a disability a reasonable accommodation to

enable the employee to care for a disabled family member. As such, Plaintiff seeks to extend the

bounds of associational discrimination.

The ADA prohibits an employer from discriminating “against a qualified individual on

the basis of disability” in regard to the “terms, conditions, and privileges of employment.” 42

U.S.C. 3 12112(a). Under the ADA, “discrimination includes a failure to make ‘reasonable

accommodations to the known physical or mental limitations of an otherwise qualified

individual with a disability ... unless such covered entity can demonstrate that the

accommodation would impose an undue hardship on the operation of the business of such

covered entity.’ ” Brumley v. United Parcel Serv., Inc., 909 F.3d 834, 839 (6th Cir. 2018)

(quoting 42 U.S.C. § 12112(b)(5)(A)). To establish a prima facie case for failure to

accommodate, a plaintiff must show that (1) she is disabled under the ADA; (2) she is otherwise

qualified for the position, with or without a reasonable accommodation; (3) her employer knew

or had reason to know of her disability; (4) she requested a reasonable accommodation; and (5)

The state law claims in Count III involve the identical subject matter and issues

as in Count JI. Federal and state disability discrimination claims, whether brought under

the ADA, 42. U.S.C. §12112 et seq., or Ohio's anti-discrimination statute, R.C. 4112.02,

are subject to the same evidentiary standards and may be evaluated concurrently.

Cortalillo v. eTech Ohio Comm'n Res., 2015 Ohio Misc. Lexis 183, *14 (Court of

Claims, Oct. 13, 2015), citing Jakubowski v. Christ Hosp. Inc., 627 f£.3d 193, 201 (6 th

Cir., 2010). Ohio courts look to the ADA, its regulations, and its interpretation of federal

courts for guidance in interpreting the Ohio statute. Smith v. Bd. Of Cuyahoga County

Comm'rs, 2006-Ohio-1073, 420 (8 th Dist.); Thomas v. PNC Bank, N.A., 2018-

Ohio-4000, 915. See Also Columbus Ci. Serv. Comm. v. McGlone, 82 Ohio St. 3d 569,

573 (1998). Accordingly, the claims in Counts II and II will be analyzed together.

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the employer failed to provide the reasonable accommodation. Aldini v. Kroger Co. of Mich.,

628 F. App'x 347, 350 (6th Cir. 2015). Plaintiff has not alleged that she is disabled under the

ADA and thus fails to establish a prima facie case for failure to accommodate.

Instead, Plaintiff asserts, without further analysis, that “a non-disabled person has

standing for relief if they can show they suffered an adverse employment action because of their

association with a disabled person. See 42 U.S.C. § 12112(b)(4).” (ECF #29 at 1) Section

12112(b)(4) of the ADA, prohibits “excluding or otherwise denying equal jobs or benefits to a

qualified individual because of the known disability of an individual with whom the qualified

individual is known to have a relationship or association.” 42 U.S.C. § 12112(b)(4) (2006).

Citing the legislative history of this section, the Sixth Circuit explained that this section prohibits

employers from declining to hire a qualified applicant because it assumed that the applicant will

have to miss work or leave early in order to care for a disabled spouse. However, if the employer

hires the applicant, if the person violates a neutral policy concerning attendance or tardiness, the

employee may be dismissed even if the reason for the tardiness or absence is to care for the

disabled spouse. “Importantly, employers are not required to provide reasonable

accommodations to non-disabled workers under this section of the Act. See 29 C.F.R. §

1630.8 App. at 379 (2007); Larimer v. Int'l Bus. Machs. Corp., 370 F.3d 698, 700 (7th

Cir.2004); *487 Den Hartog v. Wasatch Acad., 129 F.3d 1076, 1084 (10th Cir.1997).”

Stansberry v. Air Wisconsin Airlines Corp., 651 F.3d 482, 486-87 (6th Cir. 2011).(Emphasis

added.)

The crux of Plaintiff's claims under the ADA and Ohio law is that Defendant failed to

accommodate Plaintiff's need to care for her father on an intermittent basis and that she was

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fully capable of doing her job with the appropriate accommodation. (See ECF #1, §§ 24, 25)

However, since the right to reasonable accommodation is limited to disabled employees under

the ADA and does not extend to a non-disabled associate of a disabled family member,

Plaintiff's complaint fails to state a claim under the ADA or §4112.02 of the Ohio Revised Code.

Conclusion

For the reasons stated above, the Defendant’s Motion for Partial Judgment on the

Pleadings pursuant to Fed. R. Civ. P. 12(c) (ECF #24) is granted and judgment in favor of

Defendant is granted as to Counts II and III of the Complaint.

IT IS SO ORDERED.

DONALD C. NUGENT

United States District Judge

DATED: Li [wht 5, 1p

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