United States District Court, E.D. North Carolina, Western Division
Decided February 13, 2015
For Narkie Nartey-Nolan, Plaintiff: Richard M. Durham, LEAD ATTORNEY, Raleigh, NC.
For Siemens Medical Solutions USA, Inc., Defendant: Dana L. Rust, LEAD ATTORNEY, McGuire Woods, LLP, Richmond, VA; Jasmine C. Marchant, LEAD ATTORNEY, McGuire Woods, LLP, Charlotte, NC.
TERRENCE W. BOYLE, UNITED STATES DISTRICT JUDGE.
This matter is before the Court on defendant's motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff has responded, defendant has replied, and the motion is ripe for ruling. For the reasons discussed below, defendant's motion is granted.
Plaintiff filed this action against her former employer proceeding pro se and alleging claims for wrongful termination and failure to accommodate under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, et seq. Counsel for plaintiff appeared in this action on June 23, 2014, and discovery was conducted thereafter. The following facts appear not to be in dispute.
Defendant manufactures and services medical imaging equipment, and plaintiff was employed at defendant's facility in Cary, North Carolina from 2003 through January 13, 2012. Plaintiff held a variety of positions with defendant and was last employed in a Sales Support I position. Plaintiff's position was full-time and her regular work schedule was 8:30 a.m. to 4:30 p.m. Monday through Friday. Plaintiff provided administrative support for a team selling service contracts for imaging equipment. This was a sedentary, clerical position.
Plaintiff suffers from congenital scoliosis and in June 2011 began to experience pain in her neck. On January 31, 2011, plaintiff's treating orthopedist, Dr. George Charron, excused plaintiff from work for ten days due to her condition. Her excuse was then extended by Dr. Charron through March 2011, and plaintiff was permitted leave under the Family Medical Leave Act (FMLA) for this absence. When plaintiff returned to work on March 28, 2011, Dr. Charron restricted plaintiff to working only four hours per day; this restriction was imposed for six months. Plaintiff worked part-time during this period and exhausted her FMLA leave prior to the end of the six-month period, though defendant allowed her to continue working part-time pursuant to her doctor's restriction. At the end of the six-month period, Dr. Charron extended plaintiff s part-time restriction for another three months. Defendant
accommodated Dr. Charron's restriction and plaintiff worked part-time for an additional three months.
In December 2011, near the end of this three-month period, defendant requested that Dr. Charron review a detailed job description of the Sales Support I position. Dr. Charron stated that plaintiff would be able to return to working a six-hour but not an eight-hour workday. Dr. Charron imposed the six-hour workday restriction for a trial period of two weeks. Dr. Charron again imposed the six-hour workday ...