458 F. App'x 49
2d Cir.2012Background
- Price sued Mount Sinai Hospital and two employees claiming discrimination and retaliation under ADA, EPA, and FMLA; district court granted summary judgment for defendants; termination occurred in 2004 during Price’s medical leave; evidence showed pre-termination headaches, pain, sleep issues, and stress that were treated with medication; court assessed disability under ADA as of 1991 version and found no substantial impairment; no evidence Mount Sinai regarded Price as disabled; EPA claim failed for lack of evidence that comparators performed substantially equal work; FMLA retaliation claim rejected as pretext since replacement was hired; court affirmed summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ADA disability element in 1991 version | Price suffered symptoms constituting disability | Symptoms not substantially limiting major life activities | No substantial impairment shown |
| ADA retaliation claim viability | Protected activity via complaints and medical leave | No retaliatory nexus proven | Waived or insufficient evidence; no retaliation |
| EPA wage-discrimination viability | Male comparators earned higher wages for equal work | No evidence of equal work/positions | Summary judgment for defendants on EPA |
| FMLA retaliation claim viability | Termination after leave constitutes retaliation | Non-retaliatory explanation; replacement hired | No retaliation; upheld summary judgment |
Key Cases Cited
- Giordano v. City of New York, 274 F.3d 740 (2d Cir. 2001) (ADA disability element and substantial limitation analysis under older standard)
- EEOC v. J.B. Hunt Transp., Inc., 321 F.3d 69 (2d Cir. 2003) (definition of disability under ADA as of 1991 version)
- Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) (impact of impairment on major life activities; temporary medical conditions)
- Colwell v. Suffolk Cnty. Police Dep’t, 158 F.3d 635 (2d Cir. 1998) (sleeplessness not necessarily a disability; major life activity analysis)
- Felix v. New York City Transit Auth., 324 F.3d 102 (2d Cir. 2003) (limitations showing for ADA disability under 1991 regulation)
- Hale v. Mann, 219 F.3d 61 (2d Cir. 2000) (FMLA retaliation analysis; leave completion relevance)
- Kramer v. Hickey-Freeman, Inc., 142 F. Supp. 2d 555 (S.D.N.Y. 2001) (employer caution and employee well-being not equivalent to ADA claim)
- Nortel Networks Corp. Sec. Litig., 539 F.3d 129 (2d Cir. 2008) (appeals standards for raising arguments on appeal)