Cavaliere v. Advertising Specialty Institute Inc.
853 F. Supp. 2d 472
E.D. Pa.2012Background
- Cavatiere worked for ASI nearly six years as associate publisher and later as business development director until termination in March 2010.
- Cavaliere sues ASI under FMLA for retaliation and under ADA for disability discrimination and retaliation.
- ASI moves for partial summary judgment to dismiss ADA discrimination on estoppel grounds and Cavaliere’s back/ front pay damages.
- Cavaliere developed spinal/back conditions around 2009, with multiple health issues including spondylolisthesis, osteoarthritis, fibromyalgia, and depression.
- Cavaliere pursued SSDI beginning May 2010; SSA ultimately awarded disability benefits in 2011, with onset tied to her March 8, 2010 termination date.
- Court must decide whether Cavaliere’s SSDI representations estop her ADA claim and whether FMLA retaliation and damages survive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ADA discrimination estoppel | Cavaliere could perform with reduced travel or work-from-home. | SSD I representations estop ADA claim. | Cavaliere estopped; summary judgment for ASI on ADA claims. |
| FMLA retaliation viability | Koehler knew of her FMLA leave and retaliated. | No evidence of decisionmaker awareness of FMLA leave. | Disputed facts; denial of summary judgment on FMLA retaliation. |
| Damages (back/front pay) | SSDI status should not bar front/back pay if claim aligns with availability for work. | Disability to work estops damages. | Damages barred; SSDI inconsistency leads to exclusion of back/front pay. |
| Notice of leave and eligibility | Koehler knew of need for leave; verbal notice given. | Limited evidence of awareness of leave. | Genuine issues of material fact; no summary judgment on notice element. |
Key Cases Cited
- Cleveland v. Policy Mgmt. Sys. Corp., 526 U.S. 795 (U.S. 1999) (SSDI not auto-preclusive of ADA claims; need plausible accommodation link)
- Turner v. Hershey Chocolate USA, 440 F.3d 604 (3d Cir. 2006) (statements to SSA read with reasonable accommodation qualifier)
- Conoshenti v. Public Serv. Elec. & Gas Co., 364 F.3d 135 (3d Cir. 2004) (elements of FMLA retaliation require notice of need for leave)
- Irving v. Chester Water Auth., 439 Fed.Appx. 125 (3d Cir. 2011) (ADA prima facie elements including disability and reasonable accommodations)