395 F.Supp.3d 657
M.D.N.C.2019Background
- Plaintiff Annie Boone was hired as a UNC police officer in 2012; duties included patrol, arrests, and carrying firearms.
- Boone reported a sexual assault (May 2015) to an FFDE evaluator but did not report it to police or disclose it to her primary clinician; she later experienced depressive symptoms and took leave beginning August 2015.
- UNC ordered a Fitness for Duty Evaluation (FFDE) in September 2015 and found Boone "not fit for duty." Nurse McCain cleared Boone to return on January 6, 2016, but UNC required a second FFDE on January 8, 2016, which again found her not fit.
- Boone sought workplace accommodations in late January 2016 but did not provide the required contemporaneous medical "Documentation of Disability" from her treating provider; she asked the FFDE psychologist to complete it instead.
- UNC terminated Boone effective March 4, 2016, citing her unavailability after she failed to provide requested medical documentation and participate sufficiently in the interactive process.
- Procedurally: court previously dismissed Boone’s Title II ADA claim and FMLA interference claim; remaining claims were (1) Rehabilitation Act failure to accommodate and (2) FMLA retaliation. The court granted defendant’s motions to seal and for summary judgment, dismissing both remaining claims with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Statute of limitations for Rehabilitation Act claim | Boone argued the claim is timely under either a 4-year CJRA period or a 2-year PDPA period | UNC argued a 6-month PDPA limitations period applies, barring the claim | Held for Boone: CJRA's 4-year period applies because the ADA Amendments Act expanded the disability definition and made the claim "possible" post-1990; claim not time-barred |
| Failure to accommodate under the Rehabilitation Act — interactive process | Boone argued UNC blocked interactive process and thus is responsible for any breakdown | UNC argued Boone failed to provide required medical documentation and thereby caused the breakdown | Held for UNC: Boone failed to cooperate and furnish adequate medical documentation; UNC’s request for further medical info was lawful; employer not responsible for breakdown |
| Failure to accommodate — existence of a reasonable accommodation | Boone proposed leave or light duty as reasonable accommodations | UNC argued indefinite leave or permanent light duty is unreasonable and would change essential job functions or impose undue burden | Held for UNC: Boone did not identify a finite leave period or feasible light-duty accommodation; indefinite leave/permanent light duty are unreasonable; summary judgment for UNC |
| FMLA retaliation — causal connection and pretext | Boone relied on temporal proximity between FMLA leave and adverse actions (FFDE/termination) to show causation and argued the proffered reasons were pretextual | UNC contended the timing (about 11 weeks until termination) was insufficient and that its reasons (unavailability, FFDE results) were legitimate, non-retaliatory | Held for UNC: Temporal gap insufficient to establish causation for termination absent additional evidence; no evidence of pretext; summary judgment for UNC |
Key Cases Cited
- Va. Dep’t of State Police v. Wash. Post, 386 F.3d 567 (4th Cir.) (First Amendment access standards for judicial records)
- Doe v. Pub. Citizen, 749 F.3d 246 (4th Cir.) (application of First Amendment access to summary judgment filings)
- McCullough v. Branch Banking & Tr. Co., 35 F.3d 127 (4th Cir.) (borrowing state limitations for Rehabilitation Act claims)
- Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369 (U.S.) (CJRA/§1658 limitations apply when claim made possible by post-1990 enactment)
- Toyota Motor Mfg. v. Williams, 534 U.S. 184 (U.S.) (pre-ADAAA demanding definition of disability)
- Pollard v. High’s of Balt., 281 F.3d 462 (4th Cir.) (duration requirement for pre-ADAAA disability analysis)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S.) (burden-shifting framework for discrimination claims)
- Wilson v. Dollar Gen. Corp., 717 F.3d 337 (4th Cir.) (elements of failure-to-accommodate claim and limits on indefinite leave)
- Yashenko v. Harrah’s NC Casino Co., 446 F.3d 541 (4th Cir.) (FMLA retaliation analyzed under McDonnell Douglas framework)
- Celotex Corp. v. Catrett, 477 U.S. 317 (U.S.) (summary judgment burden allocation)
- Anderson v. Liberty Lobby, 477 U.S. 242 (U.S.) (summary judgment standard on genuine disputes)