Malas v. Hinsdale Township District #86
Filing
147
MEMORANDUM Opinion and Order. Signed by the Honorable Robert M. Dow, Jr on 5/10/2022. Mailed notice (jmk, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
BRETT M. MALAS,
Plaintiff,
v.
HINSDALE TOWNSHIP DISTRICT
NO. 86,
)
)
)
)
)
)
)
)
)
Case No. 15-cv-10490
Judge Robert M. Dow, Jr.
Defendant.
MEMORANDUM OPINION AND ORDER
Plaintiff in this action asserts claims under Title I of the Americans with Disabilities Act
(ADA), Title I of the Civil Rights Act of 1990, and the Illinois Human Rights Act [1]. The Court
previously issued a lengthy opinion granting in part and denying in part Defendant’s first motion
for summary judgment [75]. At this stage in the litigation, two of Plaintiff’s original claims remain
active: (1) failure to accommodate; and (2) hostile work environment. Before the Court are
Defendant’s motion for summary judgment on Plaintiff’s hostile work environment claim [128]
and Plaintiff’s cross-motion for summary judgment on his failure to accommodate claim [132].
For the reasons stated below, the Court grants Defendant’s motion for summary judgment on the
hostile work environment claim [128] and denies Plaintiff’s motion for summary judgment on the
failure to accommodate claim [132]. This case is set for a telephonic status hearing on May 18,
2022, at 9:30 a.m. Participants should use the Court’s toll-free, call-in number 877-336-1829,
passcode is 6963747.
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I.
Background 1
A.
Relevant Factual Background
Plaintiff Brett Malas resides in Montgomery, Illinois. [139 at ¶ 1.] Defendant Hinsdale
Township School District No. 86 (“Defendant” or “the District”) is a school district in Hinsdale,
Illinois. [Id. at ¶ 2.] There are two high schools in the District, Hinsdale Central High School
(“Hinsdale Central”) and Hinsdale South High School (“Hinsdale South”). [Id.] The District
employed Plaintiff as a science teacher at Hinsdale South from 2006 until March 1, 2015. [139 at
¶ 3.] Plaintiff has several diagnosed medical conditions, including depression, anxiety, attention
deficit hyperactivity disorder (“ADHD”), and hypertension. [See 139 at ¶ 4; see also 21-2 at 51.]
Plaintiff worked under the immediate supervision of Dr. Julie Gaubatz, chairperson of the
science department at Hinsdale South. [139 at ¶ 3.] Dr. Gaubatz has been responsible for creating
course schedules for all teachers in her department every year since 2004. [143 at ¶ 2.] The science
department at Hinsdale South offers various levels of biology, physics, chemistry, and geophysics,
as well as AP Environmental Science, AP Chemistry, AP Biology, AP Physics, Earth Science,
Astronomy, and Anatomy and Physiology. [143 at ¶ 3.] In any given year, Dr. Gaubatz is
responsible for assigning between 15 and 20 full- and part-time teachers to between 60 and 70
sections of science classes. [143 at ¶ 4.]
Dr. Gaubatz considers many factors when assigning teachers to courses and curriculum
teams. [143 at ¶ 5.] Specifically, she takes into consideration (i) teacher qualification to teach the
course, (ii) teacher experience with the curriculum, (iii) teacher requests, and (iv) the total number
of different courses assigned per teacher. [Id.] With respect to course loads, full-time teachers are
to have no more than two different courses assigned when possible, and part-time teachers are to
1
Because this is the parties’ second round of summary judgment briefing, the Court assumes familiarity
with the case and reiterates only those facts which are relevant to the instant motions.
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have no more than one course assigned when possible. [Id.] Other factors include interpersonal
working relationships, workload, specialized assignments, and professional strengths/areas of
growth. [Id.] Dr. Gaubatz also collects information from teachers about their preferences and
subject matters for which they are licensed and collects student enrollment and interest data to
determine the number of sections to create for each subject. [143 at ¶ 6.] She then makes
preliminary teaching assignments and notifies the teachers of their tentative placements. [Id.]
It is not uncommon at Hinsdale South for a teacher’s schedule to change year to year,
especially for teachers who are qualified to teach multiple courses. [143 at ¶ 8.] And there are
many reasons why a teacher’s schedule may change from year to year. [143 at ¶ 7; see also id. at
¶¶ 11–15 (outlining changes in faculty personnel, course offerings, and student enrollment between
the 2013–2014 and 2014–2015 school years).]
Plaintiff was a National Board-Certified teacher qualified to teach multiple science courses.
[143 at ¶ 23.] Over the course of his time at Hinsdale South, Plaintiff taught several subjects,
including Earth Science, Chemistry, Geophysics, Biology, and AP Biology. [143 at ¶ 24.] Plaintiff
admits that he taught a variety of subjects over time and was qualified and able to do so, but asserts
that his past classes do not reflect on his teaching abilities during the 2014–2015 school year “given
the escalating symptoms of his disabilities.” [Id.]
In February 2013, Plaintiff went on medical leave. [139 at ¶ 12.] He testified that he took
leave at that time because his daughter was threatening to hurt herself, though he also testified that
his concern for his daughter was the “final straw” that necessitated the leave after ongoing teaching
and administrative frustrations he had been experiencing. [91-1 at 78.] On March 12, 2013, at the
request of Troy Courtney, the District’s Director of Human Resources, Plaintiff underwent a
fitness-for-duty examination. [139 at ¶ 13-14; 91-1 at 215.] In a report dated April 1, 2013, Dr.
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Peter Fink described Plaintiff’s mental difficulties, “mental overload,” possible sleep apnea,
hypertension, and Plaintiff’s “self-described stress related depression and anxiety.” [Id. at ¶ 15.]
Dr. Fink reserved his opinion as to Plaintiff’s fitness to return to work until Plaintiff underwent a
psychological/neuropsychological evaluation. [Id.]
On August 11, 2013, Dr. Fink submitted an updated report to the District after Plaintiff’s
neuropsychological evaluation, which had been performed by Kathleen Nugent, a licensed clinical
psychologist. [139 at ¶ 16.] The report noted that “under stressful circumstances, [Plaintiff] is
prone to a worsening of his symptoms,” and explained that “[b]ecause [Plaintiff’s] treating
psychiatrist diagnosed [Plaintiff] with depression, anxiety, and attention deficit hyperactivity
disorder it is important that he continue to comply with his treating psychiatrist’s
recommendations.” [139 at ¶ 18.]
Malas returned to work at the start of the 2013–2014 school year. He was assigned to teach
two courses, biology and academic reading biology, and would work with a co-teacher, Randy
Brogan. [139 at ¶ 25.] Plaintiff and his supervisor, Dr. Gaubatz, met weekly throughout the school
year. [139 at ¶ 26.]
B.
Plaintiff’s Accommodation Requests for the 2014–2015 School Year
On February 18, 2014, Plaintiff met with Domenico Maniscalco, the District’s Chief
Human Resources Officer, and Naomi Shepherd, Regional Union Representative UniServ
Director, to request accommodations for the upcoming 2014–2015 school year. [139 at ¶ 28.]
Plaintiff filed an EEOC charge of discrimination on February 27, 2014 asserting: “[Defendant] has
been aware of my disabilities since around January 2012. During my employment, I requested
reasonable accommodations, which were not provided. On or about May 6, 2013, I received a
negative performance evaluation.” [139 at ¶ 32.]
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Plaintiff requested four accommodations that remain relevant at this stage in litigation: (1)
for a consistent schedule, including Plaintiff’s requests relating to the 2014–2015 school year
either to keep the same schedule as the prior year or teach biology only in one classroom; (2)
alternatively, to teach his assigned geophysics class in the same classroom as his biology class; (3)
to be limited to one curriculum team; and (4) for more time to prepare for a performance
evaluation.
1.
Consistent Schedule
Plaintiff’s first request was to teach only biology and in one classroom, [139 at ¶ 29], or,
alternatively, if he “could just keep the same schedule” he had during the 2013-2014 year “with
the same co-teacher.” [139 at ¶¶ 29–30; 91-1 at 87, 243–44.] According to Plaintiff, Maniscalco
told him “I promise I will see to it personally that your schedule will be the same or better as this
year,” which Plaintiff took to mean that he would be “teaching the same classes as this year [i.e.
biology and co-taught academic reading biology] in one room or teaching all biology classes.”
[91-8 at 65, 89, 92.]
Later that week, Dr. Gaubatz informed Plaintiff that he had been assigned to teach four
sections of biology and one section of geophysics for the 2014–2015 school year. [See 139 at ¶
31.] Defendant intended this schedule to meet “most of the schedule considerations” Plaintiff
requested because (i) he was qualified to teach both by state and national certification, (ii) he had
multiple years of experience teaching both courses and contributed to writing the curricula for
both, (iii) the majority of this assignment matched his request, and (iv) as a full-time teacher, he
was assigned only two courses. [143 at ¶ 22.] According to Dr. Gaubatz, Plaintiff’s scheduling
requests required that she use “complex, multi-step pathways” to facilitate him. [143 at ¶ 27.] The
first step was to identify a teacher who was qualified to teach Geophysics who could take Plaintiff’s
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Geophysics class, and the second step required finding a Biology class on another teacher’s
schedule that Dr. Gaubatz could give to Plaintiff. [Id.] Despite using these “complex, multi-step”
methodologies, Dr. Gaubatz was not able to accomplish Plaintiff’s goals while adhering to the
primary scheduling factors: teacher qualifications, teacher experience, course and schedule
requests, and workload. [143 at ¶ 28–29. 2]
2.
Classroom assignments
Plaintiff also requested that he be allowed to teach all of his classes in one classroom.
When the 2014–2015 school year began, however, he was assigned to teach his Biology courses
in Room 107, and his Geophysics course in Room 112, “a designated GeoPhysics room.” [143 at
¶ 36.] Without permission from Dr. Gaubatz or anyone else, Plaintiff began the school year
teaching Geophysics in Room 107, rather than the assigned classroom. [133 at ¶ 37.] Room 107
connected to the Geophysics “Pre/Stockroom,” and had in the past been designated as a
Geophysics room. [139 at ¶ 38.] On September 29, 2014, Maniscalco wrote an email to Plaintiff
about his room assignments, which stated in relevant part:
We cannot move the entire Geophysics classroom 15 feed to the other side of the
hall without disrupting the operation and the educational environment of our
students. Room 107 is a Biology classroom, not Geophysics. The classroom cannot
be changed. Your request is not a reasonable accommodation and cannot be granted
as this is a disruption to our students and does not meet the educational
requirements for the classes.
[139 at ¶ 39; 91-8 (Pl’s Ex. K1) at 115.] A few days later, Gaubatz sent an email to Maniscalco
providing more detail about the classroom assignments. She wrote:
2
Plaintiff disputes this fact in its response to Defendant’s statement of additional facts, but his citation to
the record does not support his statement. Plaintiff asserts that with respect to his scheduling requests,
“there were available options that were not considered,” [143 at ¶ 28], but he cites to a July 19, 2012
memorandum explaining the interactive process for Plaintiff’s requests. [See 91-8 (Pl.’s Ex. K1) at 22.]
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GeoPhysics (and science in general) can be taught in any room, inside or outside,
or really anywhere you have a skilled teacher; however, an optimal room for
GeoPhysics, for both student learning and teacher collaboration opportunities,
would be a room that is equipped for that content and used by teachers who teach
that content. Room 112 has these characteristics more so than [Room 107].
[139 at ¶ 40; 91-8 at 124.] She then outlined several differences between the two rooms. First,
Room 112 had 6 computer stations for geophysics team-designed lab investigations, while Room
107 did not have any computers. [Id.] Second, Room 112 had geophysics-centered posters, while
Room 107 had biology-centered posters. [Id.] Third, Room 112 had geophysics lab equipment,
while Room 107 had biology lab equipment. [Id.] Fourth, Room 112 had moveable tables for
large motion labs, while Room 107 did not. [Id.] Finally, because there would be no other
geophysics teachers in Room 107, there would be no geophysics papers on the side tables, writing
on the whiteboard, etc. [Id.] In an email to Maniscalco from attorney William Gleason with the
subject line “Room 112 VS 107,” Gleason states: “I did review the email that you referenced. The
first part where it says you can teach this class in any science class is what really concerns me from
an ADA perspective. If he can adequately deliver the necessary curriculum from the class we really
should be giving it to him.” [139 at ¶31; 55-3 at 51.]
3.
One curriculum team
Because Plaintiff was assigned to teach two different subjects (Biology and Geophysics)
for the 2014–2015 school year, he was also expected to participate on both curriculum teams to
work on course development and share course responsibilities with other teachers in the
department. [143 at ¶ 32.] As an accommodation, Plaintiff requested that he be required to
participate on only one curriculum team. [143 at ¶ 33; 139 at ¶ 47.] Defendant allowed Plaintiff
to participate on the Biology curriculum team only. [143 at ¶ 34.]
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4.
Additional preparation time for mid-year conference
Plaintiff’s mid-year performance conference was scheduled for January 15, 2015. [91-9 at
78.] Stephanie Palmer became principal of Hinsdale South at the beginning of the 2014–2015
school year [114 at ¶ 5] and was coordinating Plaintiff’s conference. Approximately two hours
before the conference was scheduled to begin, Plaintiff emailed Palmer stating that he would need
more time to prepare for his conference. [91-9 at 78.] Palmer responded to Plaintiff’s email by
stating, in relevant part: “We need to keep this appointment today. You are not required to prepare
anything for this meeting.” [91-9 at 79.] Palmer agreed to postpone Plaintiff’s official mid-year
conference until January 21, 2015. [See 91-9 at 79, 84.] Plaintiff was ill on January 21, 2015,
however, and the meeting was rescheduled a third time. [139 at 64–65.] Maniscalco told Plaintiff
the mid-year conference would not be postponed again without a doctor’s note. [91-9 at 110.] On
January 28, 2015 Plaintiff produced a doctor’s note from Dr. Ndrio, which stated:
[Plaintiff] is treated in my clinic for severe Attention Deficit and Hyperactivity
Disorder, inattentive type, with underlying depression, anxiety and tic disorder, for
which he is being treated with several psychotropic medications. He was seen today
in my clinic presenting with significant anxiety and depression worsening his
underlying ADHD symptoms due to increased stressors at work. While treatment
continues to be optimized, it will be helpful that Mr. Malas has more time to prepare
for his performance review until next reassessment in 2 weeks.
[139 at ¶ 69; 91-8 at 113.] The meeting nonetheless took place the following day, on January 29,
2015. [139 at ¶ 70.] Palmer’s conference summary notes that Plaintiff “was okay with meeting
but that he was not prepared with all of his materials.” [91-9 at 119.]
C.
Performance Evaluations
Plaintiff’s hostile work environment claim centers around teaching performance
observations conducted during the 2014–2015 school year. On August 26, 2014, Plaintiff learned
that he would be evaluated by Palmer (Principal of Hinsdale South) during the upcoming school
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year. [91 at ¶ 6.] Maniscalco (Defendant’s Chief Human Resources Officer) informed Palmer that
she would evaluate Plaintiff for the 2014–2015 school year because she was new to the school at
that time and thus did not already know the Plaintiff. [91 at ¶ 8.]
Palmer first observed Plaintiff on November 6, 2014. [91 at ¶ 9.] She took notes while
observing the lesson. [Id.] Plaintiff met with Palmer on November 10, 2014 for a post-observation
conference, but did not complete their discussion in the allotted meeting time. [114 at ¶ 10.] On
November 11, 2014, Plaintiff asked Maniscalco for a new evaluator. [114 at ¶ 11.] On November
14, 2014, Palmer informed Plaintiff that Hinsdale Central Principal Dr. Mark Kolkman would
perform a second observation of Plaintiff’s teaching. [91 at ¶ 12.] On November 17, 2014, Plaintiff
met with Palmer, Maniscalco, and Union President David Lapetino to complete Palmer’s
November 10th post-observation meeting. [114 at ¶ 13; 91-9 at 150.]
Two days later, on November 19, 2014, Palmer emailed Plaintiff about a “concern” she
wanted to discuss with him. [114 at ¶ 14.] Palmer testified that a student’s parent had complained
to the school about Plaintiff asking students in one of his classes to express their opinions about
abortion, [see 114 at ¶ 14; 91-2 at 70-21], though Plaintiff testified the lesson in question had
involved asking the students a variety of bioethics-related questions, and he does not recall whether
he asked the students for their views on abortion [91-1 at 345].
In February 2015, Palmer learned of another complaint in which a student claimed that
Plaintiff had used sexually inappropriate language in front of his students. [114 at ¶ 16.] In the
substance of the complaint, a female student complained that when she asked to go to the guidance
counselor, Plaintiff pretended he did not hear and responded by asking whether she had requested
to go to the gynecologist. [114 at ¶ 17.] The student further complained that Plaintiff was speaking
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about “blow jobs” in the hallway and that he also was talking about vaginas. 3 [Id.] On February
18, 2015, Plaintiff and union representatives attended a meeting with Mr. Maniscalco and Attorney
Gleason regarding the allegations. [114 at ¶ 18.] Following the February 18, 2015 meeting,
Plaintiff was placed on administrative leave so that the investigation into the complaint could
continue. [114 at ¶ 20.] Plaintiff’s Association Representative Naomi Shepherd advised Plaintiff
that Defendant was “obligated to investigate the complaint” against him. [114 at ¶ 21.] Plaintiff
ultimately resigned from his position on March 1, 2015. [139 at ¶ 80.]
II.
Legal Standard
Summary judgment is appropriate “if the movant shows that there is no genuine dispute as
to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ.
P. 56(a). A genuine dispute as to any material fact exists “if the evidence is such that a reasonable
jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S.
242, 248 (1986). “On a motion for summary judgment, the moving party has the burden of
demonstrating that there are no genuine questions of material fact and that he is entitled to
judgment as a matter of law.” Green v. Whiteco Indus., Inc., 17 F.3d 199, 201 (7th Cir. 1994).
“Once a party has made a properly-supported motion for summary judgment, the opposing party
may not simply rest upon the pleadings but must instead submit evidentiary materials that ‘set
forth specific facts showing that there is a genuine issue for trial.’” Harney v. Speedway
SuperAmerica, LLC, 526 F.3d 1099, 1104 (7th Cir. 2008) (quoting Fed. R. Civ. P. 56(c)). In
evaluating a motion for summary judgment, the Court will construe all facts in the light most
favorable to the nonmoving party and draw all reasonable inferences in favor of the nonmoving
party. Bell v. Taylor, 827 F.3d 699, 704 (7th Cir. 2016).
3
Plaintiff disputes the truth of these allegations but he does not argue that Defendant mischaracterizes the
student’s allegations.
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III.
Analysis
A.
Failure to Accommodate
“The ADA requires employers to make reasonable accommodations for a qualified
individual with a disability.” McAllister v. Innovation Ventures, LLC, 983 F.3d 963, 967 (7th Cir.
2020) (citations omitted). To establish a claim of failure to accommodate under the ADA, Plaintiff
must demonstrate that “(1) he is a qualified individual with a disability, (2) his employer was aware
of the disability, and (3) his employer failed to reasonably accommodate that disability.” Reeves
ex rel. Reeves v. Jewel Food Stores, Inc., 759 F.3d 698, 701 (7th Cir. 2014). Because Plaintiff has
moved for summary judgment on this claim this time around, the Court construes the facts in the
light most favorable to Defendant.
Defendant does not dispute that Plaintiff has a disability as defined by the ADA, see 42
U.S.C. § 12102. Defendant argues, however, that despite having a disability, Plaintiff is not a
“qualified” individual with a disability, therefore Defendant was not obligated under the ADA to
provide him with reasonable accommodations. See Brumfield v. City of Chicago, 735 F.3d 619,
632 (7th Cir. 2013) (“[A]n employer’s accommodation duty is triggered only in situations where
an individual who is qualified on paper requires an accommodation in order to be able to perform
the essential functions of the job.”).
Plaintiff “bears the burden of proving that she is a ‘qualified individual with a disability.’”
McAllister, 983 F.3d at 967 (quoting Cleveland v. Pol’y Mgmt. Sys. Corp., 526 U.S. 795, 806
(1999)); 42 U.S.C. § 12111(8). To determine whether someone is a “qualified individual,” the
Court considers “whether the individual satisfies the prerequisites for the position, such as
possessing the appropriate educational background, employment experience, skills, licenses, etc.”
Stern v. St. Anthony’s Health Ctr., 788 F.3d 276, 285 (7th Cir. 2015) (quotation omitted). If so,
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the Court then considers “whether or not the individual can perform the essential functions of the
position held or desired, with or without reasonable accommodation. Id. (quotation omitted).
It is undisputed here that Plaintiff meets the first element of this test—he was a National
Board-Certified teacher and taught at Hinsdale South for nearly 9 years. As Plaintiff states, and
Defendant does not contest, he was “well established as a successful science teacher working with
his employer well before he began requesting reasonable accommodations for his disabilities,” and
that “[a]t all times he was able physically, mentally, and professionally to be a high school science
teacher.” [132 at 7.]
Whether Plaintiff could perform the essential functions with or without reasonable
accommodation, however, is a closer call. As Defendant points out, Dr. Ndiro (Plaintiff’s
physician) testified that Plaintiff “could be capable” of teaching more than one class, [see 138 at
11; 21-2 at 61], but he also noted that “him teaching in different subject areas would have caused
more anxiety, would have caused more stress, and would have destabilized him.” [21-2 at 61-62.]
Furthermore, on October 8, 2014, Dr. Ndiro “strongly recommended that Mr. Malas be assigned
to a teaching schedule that will allow him to teach one course in one classroom in his area of
expertise, in order to maintain good functionality and maximize job productivity.” [91-9 at 1.]
Dr. Ndiro’s testimony and written letters do not conclusively reflect an opinion on whether
Plaintiff required accommodation. On one hand, Dr. Ndiro noted that Plaintiff “could be capable”
of teaching multiple courses, which suggests no need by Defendant to provide accommodations.
On the other hand, however, Dr. Ndiro testified that teaching without the accommodations “would
have destabilized” Plaintiff, which suggests Plaintiff’s inability to teach without his requested
accommodations. Dr. Ndiro thus did not clear Plaintiff to work without accommodations, nor did
he require that Plaintiff be accommodated before returning to teaching. When considered together,
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Dr. Ndiro’s strong recommendation that Plaintiff be allowed certain accommodations and his
inability to conclusively determine Plaintiff fit to teach without accommodation demonstrate that
genuine issues of material fact prevent summary judgment on this claim. Cf. Hooper v. Proctor
Health Care Inc., 804 F.3d 846, 853 (7th Cir. 2015) (although Plaintiff’s doctor “did recommend
certain accommodations,” those recommendations could not “form the basis of a failure to
accommodate claim because Dr. Cavanaugh specifically found that Hooper was qualified for his
position without accommodations”).
Furthermore, fact disputes regarding whether Plaintiff’s accommodation requests were
reasonable preclude summary judgment on Plaintiff’s failure to accommodate claim. “Whether a
requested accommodation is reasonable or not is a highly fact-specific inquiry and requires
balancing the needs of the parties.” Oconomowoc Residential Programs v. City of Milwaukee, 300
F.3d 775, 784 (7th Cir. 2002). Plaintiff must first show that his requested accommodation is
“reasonable on its face.” Id. If Plaintiff can do so, then Defendant “has the burden to prove that
the accommodation would create an undue hardship on the business.” Majors v. Gen. Elec. Co.,
714 F.3d 527, 535 (7th Cir. 2013).
The Court determined in its last order that “Defendant has not established that these
requested accommodations were unreasonable as a matter of law,” [75 at 43], and that remains
true at this stage in the litigation. Here, Defendant provided additional support for its staffing
decisions through an affidavit by Dr. Gaubatz explaining her teacher placement methodologies.
This evidence does not prove that Plaintiff’s accommodation requests were unreasonable as a
matter of law, but in this context—where Plaintiff seeks summary judgment on this claim—it
sufficiently casts in doubt Plaintiff’s showing that his requests were reasonable to confirm the
existence of a triable issue of fact.
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B.
Hostile Work Environment Claim
In its prior memorandum opinion and order, the Court instructed the parties to submit
briefing regarding whether a hostile work environment claim can be brought under the ADA, as
the Seventh Circuit had not yet addressed that issue. Since then, the Seventh Circuit has provided
clarity, explicitly ruling: “[W]e hold that hostile work environment claims are cognizable under
the ADA.” Ford v. Marion Cnty. Sheriff’s Office, 942 F.3d 839, 851 (7th Cir. 2019).
“The same standard governs hostile work environment claims under the ADA as under
other employment discrimination laws.” Ford, 942 F.3d at 856. Thus, to assert a hostile work
environment claim, Plaintiff must demonstrate “(1) the environment was both subjectively and
objectively offensive; (2) the harassment he suffered was based on his membership in a protected
class; (3) the conduct was severe or pervasive; and (4) there is a basis for employer liability.”
Poullard v. McDonald, 829 F.3d 844, 859 (7th Cir. 2016). The Court considers “the totality of
circumstances, examining factors such as: ‘the frequency of improper conduct, its severity,
whether it is physically threatening or humiliating (as opposed to a mere offensive utterance), and
whether it unreasonably interferes with the employee’s work performance.’” Abrego v. Wilkie, 907
F.3d 1004, 1015 (7th Cir. 2018) (quoting Alexander v. Casino Queen, Inc., 739 F.3d 972, 982 (7th
Cir. 2014)).
Defendant seeks summary judgment on Plaintiff’s hostile work environment claim on two
main grounds. First, Defendant claims that Plaintiff’s allegations with respect to this claim are not
supported by the facts. Second, even assuming that the allegations are supported by the record,
Defendant insists that Plaintiff’s contentions and any evidence supporting them fail to establish a
severe or pervasive working environment. The Court need not address the first argument because
even if the Court accepts all of Plaintiff’s fact statements as true (whether or not supported by the
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evidence), Plaintiff’s hostile work environment claim fails. No jury could reasonably conclude
from the evidence that Plaintiff’s work environment was objectively offensive, or that the conduct
was severe or pervasive.
Assuming that Plaintiff’s environment was subjectively offensive, see Alexander v. Casino
Queen, 739 F.3d 972, 982 (7th Cir. 2014), Plaintiff cannot cite to any facts to demonstrate that his
work environment was objectively offensive. Indeed, his only argument is that his “ability to
perform his assigned duties was so affected by the Defendant’s harassment that there is a litany of
tangible physical effects directly resulted from those acts.” [113 at 6.] Plaintiff’s only support for
this purported fact is his own grievance complaint that he filed with the Board of Education on
January 18, 2015. [See 133 at 6 (quoting Plaintiff’s “Harassment Complaint”).] This may help to
show that Plaintiff’s work environment was subjectively offense, but it does not evince a triable
issue of fact on the objectively hostile work environment element. See Metcalf v. Raimondo, 2022
WL 657222, at *7 (N.D. Ill. Mar. 4, 2022) (citing Boss v. Castro, 816 F.3d 910, 920-21 (7th Cir.
2016)).
Plaintiff would like the Court to infer the presence of a triable issue of fact on the question
of an objectively hostile work environment from “the criticisms, monitoring, and disciplinary
actions” that he was subjected to, which he claims resulted in the physical manifestations noted
above. [113, at 6-7.] But the undisputed evidence shows that the school’s actions were not
abusive, severe, or pervasive. To begin, the investigations about which Plaintiff complains were
initiated in response to student complaints. Whether founded or not, the school was required to
investigate these incidents, as Plaintiff’s own union representative confirmed. [See 114, at 7-8.]
Plaintiff’s allegations that he was subjected to excessive evaluation and monitoring also cannot
rise to the level of presenting a jury question on an actionable alteration of the conditions of his
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employment. Plaintiff received a new evaluator—the principal of a different Hinsdale high
school—based on the human resource officer’s recollection of Plaintiff’s own complaint that he
had not been treated fairly compared with other teachers. [Id. at 2-3.] Similarly, no reasonable
juror could infer hostility from the fact that a post-observation meeting took place over the course
of two days because the parties were unable to finish it on the first day. [Id. at 4-5.] In short,
taking all of these allegations and all others cited throughout the course of Defendant’s efforts to
work through Plaintiff’s teaching schedule during the relevant time period and viewing them in
the light most favorable to Plaintiff, no reasonable jury could find an objectively hostile work
environment.
At best, Plaintiff points to straightforward remarks in his evaluations that could be viewed
as negative commentary on his work habits (“over-preparing”) and inability to engage with other
members of the team. [See 113, at 4-5.] To the extent that these perceived faults reflect
manifestations of Plaintiff’s disability, they were not communicated in a hostile, disparaging, or
disrespectful manner, but rather as part of an ongoing effort to accommodate Plaintiff’s requested
teaching schedule with the needs of the school as a whole. In contrast to the cases cited by the
parties where a hostile environment claim has survived summary judgment, the sum total of
Plaintiff’s hostile work environment allegations do not even hint at a workplace so “permeated
with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter
the conditions of [his] employment and create an abusive working environment.” Ford, 942 F.3d
at 851.
IV.
Conclusion
For these reasons, Defendant’s motion for summary judgment on Plaintiff’s hostile work
environment claim [128] is granted. Plaintiff’s motion for summary judgment on his failure to
16
Case: 1:15-cv-10490 Document #: 147 Filed: 05/10/22 Page 17 of 17 PageID #:4485
accommodate claim [132] is denied. This case is set for a telephonic status hearing on May 18,
2022, at 9:30 a.m. Participants should use the Court’s toll-free, call-in number 877-336-1829,
passcode is 6963747.
Dated: May 10, 2022
__________________________
Robert M. Dow, Jr.
United States District Judge
17
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