Kiersten Taylor-Novotny v. Health Alliance Medical Plans
772 F.3d 478
| 7th Cir. | 2014Background
- Taylor-Novotny, a salaried Contract Specialist, had chronic punctuality and attendance problems dating to 2006; Health Alliance repeatedly counseled her, adjusted start times, and placed her on progressive discipline.
- She was diagnosed with multiple sclerosis in April 2007; Health Alliance approved intermittent FMLA and later a work-from-home arrangement and made physical accommodations.
- In 2010 Taylor-Novotny sought additional ADA accommodations (notably using badge scans to record arrival times) and provided physician recertifications recommending limited in-office time due to fatigue.
- Health Alliance required advance notice for tardiness and that tardies attributable to MS be reported as FMLA; it denied badge-scan reporting because scans did not show reason for lateness.
- After repeated discrepancies between her reported hours, badge logs, missed interim deadlines, and alleged falsified records, Health Alliance issued progressive warnings and terminated her in July 2010 for continued tardiness, inaccurate reporting, falsified documentation, and poor performance.
- The district court granted summary judgment for Health Alliance on ADA (disparate treatment, failure-to-accommodate, retaliation), FMLA interference, Title VII race claim, and Taylor-Novotny appealed; the Seventh Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ADA discriminatory discharge: was Taylor-Novotny a "qualified individual" and treated differently due to disability? | Taylor-Novotny argued attendance/punctuality need not be an essential function and she could perform job with accommodations. | Health Alliance argued regular attendance/punctuality were essential; she failed to meet legitimate expectations and accountability requirements. | Court: Not a qualified individual because she could not meet essential function of regular attendance; also failed to meet employer's legitimate expectations, so discrimination claim fails. |
| ADA failure-to-accommodate: was requested accommodation (badge scans) reasonable? | Taylor-Novotny argued badge-scan reporting would accommodate her fatigue/memory issues. | Health Alliance argued badge scans only show arrival time and do not provide reason or advance notice; plaintiff did not show badge scans would alleviate a MS-related limitation. | Court: Denial was not unlawful; plaintiff failed to show that badge-scan use was a reasonable accommodation tied to a specific limitation. |
| ADA retaliation: did employer retaliate for requesting accommodations? | Taylor-Novotny relied on timing, internal emails, and disciplinary actions contemporaneous with accommodation requests. | Health Alliance pointed to long preexisting attendance warnings, legitimate performance concerns, and lawful consideration of second medical opinion for FMLA. | Court: No convincing mosaic of retaliation; suspicious timing insufficient given preexisting warnings and legitimate reasons for discipline. |
| FMLA interference: did employer deny FMLA entitlements? | Taylor-Novotny contended denial of requested work-schedule (limiting in-office time without using FMLA) and refusal to accept badge scans interfered with FMLA. | Health Alliance contended it approved intermittent FMLA as requested; plaintiff declined to use FMLA for proposed schedule; badge scans do not show reason for absence. | Court: No interference—Health Alliance approved intermittent FMLA and never denied FMLA leave; plaintiff’s requested paid schedule was not an FMLA entitlement. |
Key Cases Cited
- Chaib v. Indiana, 744 F.3d 974 (7th Cir.) (standard of review for summary judgment)
- Bunn v. Khoury Enters., Inc., 753 F.3d 676 (7th Cir.) (ADA disparate-treatment proof methods)
- Basden v. Prof’l Transp., Inc., 714 F.3d 1034 (7th Cir.) (attendance can be an essential job function)
- Jovanovic v. In-Sink-Erator Div. of Emerson Elec. Co., 201 F.3d 894 (7th Cir.) (employer need not assume particular limitations without notice)
- Majors v. Gen. Elec. Co., 714 F.3d 527 (7th Cir.) (reasonable-accommodation burden-shifting)
- Ridings v. Riverside Med. Ctr., 537 F.3d 755 (7th Cir.) (elements of FMLA interference claim)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (Sup. Ct.) (framework for indirect proof of discrimination)