542 F.Supp.3d 1289
S.D. Fla.2021Background
- Rodda was an administrative assistant at the University of Miami from July 2007 until her termination in November 2017; University says position eliminated in a reorganization.
- Rodda sued for: (1) ADA disability discrimination (failure to accommodate, hostile work environment, termination); (2) FMLA retaliation; and (3) ADEA age discrimination.
- She filed EEOC charges in 2014 and 2017; 2014 charge concerned a denied relocation request and 2017 charge mentioned relocation but did not mention a separate 2017 private-room request (which Rodda expressly withdrew in writing after a contested meeting).
- University provided accommodations in 2014 (air purifier, window access, fresh-air breaks) and offered a transfer in 2016 which Rodda declined; Univ. maintains receptionist duties required the original desk location.
- Rodda took FMLA leave in 2014, but the February 2017 absences she cites were regular sick days (she testified she never requested FMLA for those days).
- Plaintiff’s evidence was largely self-serving declarations and hearsay; Court found procedural (statute of limitations/exhaustion) and substantive defects and granted summary judgment for Defendant on all counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ADA – failure to accommodate (relocated workstation) | Rodda says Univ. denied reasonable relocation requests (2014–2017) and failed to accommodate her asthma | Univ. says receptionist duties required specific desk; offered alternatives (air purifier, breaks, transfer) and Rodda rejected transfer | Court: addressed merits; Rodda failed to show she was a "qualified individual" or that proposed relocation would allow essential duties; summary judgment for Univ. |
| ADA – private room request (2017) — exhaustion | Rodda contends Univ. failed to provide a private room for medical treatment | Univ. notes Rodda withdrew the request in writing and did not include it in 2017 EEOC charge | Court: 2017 EEOC did not mention private-room request; claim not exhausted and in any event Rodda withdrew request; barred |
| ADA – hostile work environment | Rodda alleges harassment and derogatory remarks about memory | Univ. says remarks were stray, not disability-based, and no evidence of severe/pervasive harassment | Court: no nonconclusory evidence of harassment on disability grounds; even if true, not severe/pervasive; summary judgment for Univ. |
| FMLA retaliation – timeliness and protected leave | Rodda claims she was retaliated against for taking medical leave | Univ. says relevant 2017 absences were regular sick leave (not FMLA) and suit was filed after 2-year FMLA limitations period | Court: Rodda testified she never requested FMLA for Feb 2017; FMLA claim time-barred (filed after two-year limit); summary judgment for Univ. |
| ADEA – age discrimination (reduction in force) | Rodda asserts she was terminated because of age and was replaced by younger hires | Univ. says position eliminated and responsibilities redistributed; Plaintiff’s evidence of replacements is speculative and conclusory | Court: probable failure to exhaust; on merits Rodda offered no admissible comparator or nonconclusory evidence of age-based intent; summary judgment for Univ. |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (summary judgment standard: genuine issue of material fact requires submission to jury)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (U.S. 1986) (mere metaphysical doubt insufficient to defeat summary judgment)
- Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (U.S. 2002) (each discrete discriminatory act starts a new EEOC filing clock)
- Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75 (U.S. 1998) (limits on hostile work environment claims; not every workplace tribulation is actionable)
- Faragher v. City of Boca Raton, 524 U.S. 775 (U.S. 1998) (standards for judging abusive working environments)
- Weiland v. Palm Beach Cty. Sheriff's Off., 792 F.3d 1313 (11th Cir. 2015) (shotgun pleading doctrine)
- LaChance v. Duffy's Draft House, Inc., 146 F.3d 832 (11th Cir. 1998) (reasonable accommodation must enable performance of essential job functions)
- Davis v. Fla. Power & Light Co., 205 F.3d 1301 (11th Cir. 2000) (if employee cannot perform essential functions even with accommodation, not a "qualified individual")
- United States v. Stein, 881 F.3d 853 (11th Cir. 2018) (non-conclusory, personal-knowledge affidavits can defeat summary judgment; conclusory ones cannot)
- Myers v. Bowman, 713 F.3d 1319 (11th Cir. 2013) (conclusory allegations without specific supporting facts lack probative value)