United States District Court, D. Connecticut
MEMORANDUM OF DECISION ON DEFENDANT'S MOTION FOR
W. Eginton Senior United States District Judge.
complaint, plaintiff David Christina asserts that defendant
Chubb and Son discriminated and retaliated against him in
violation of the Americans with Disabilities Act
(“ADA”) and the Connecticut Fair Employment
Practices Act (“CFEPA”); and retaliated against
him in violation of Connecticut General Statutes §
has filed motion for summary judgment on all counts against
it. For the following reasons, the motion for summary
judgment will be granted in part and denied in part.
parties have submitted statements of facts, exhibits and
affidavits. These submissions along with the pleadings reveal
the following facts.
in 2002, plaintiff worked for defendant as a Personal Lines
Appraiser and reported to his supervisor, Scott Harold.
Plaintiff worked from his home and in the field in
Connecticut and other states.
asserts that he suffers from degenerative disc disease,
herniated discs in the lumbar and cervical areas of his back,
acute traumatic bilateral carpal tunnel syndrome, metabolic
syndrome, depression, obsessive compulsive disorder, and post
traumatic stress disorder.
January 2012, plaintiff was involved in a motor vehicle
accident in his company assigned car. He took a leave of
absence and also initiated a workers' compensation claim
related to that accident through defendant's internal
processor. Plaintiff alleges that Harold commented that
filing a workers' compensation claim was not good for an
February 2012, plaintiff suffered an injury outside of work
and took another medical leave of absence.
March 2012, plaintiff suffered another injury outside of work
and took a leave of absence. When plaintiff returned to work,
he requested accommodations and provided medical
documentation that supported his request for a one-week
period of no driving and a limitation of four hours per day
of typing. Defendant approved these requests for
2012, plaintiff underwent surgery and took a medical leave of
absence from May 9 to August 10, 2012.
August 2012, a week after returning to work from his leave of
absence, plaintiff had a car accident and could not return to
work until October 15, 2012.
asserts that in August 2012 he filed a second workers'
compensation claim and that in October 2012 he contacted
defendant's Voice of the Employee to express his belief
that he was being penalized for taking medical leave of
October 15, 2012, plaintiff's doctor had released
plaintiff to work without restrictions. At the time of
plaintiff's return, Harold had increased from two to
three days per week the number of travel days for all of his
Personal Lines Appraisers.
maintains that, after he returned from his leave of absence,
he was treated less favorably by Harold and Ellen Long, a
Human Resources manager.
email dated October 24, 2012, Harold advised plaintiff that
he should contact Long if he felt unable to perform his
October 15 and October 31, 2012, plaintiff did not complete
any appraisal reports. On November 5, 2012, Harold met with
plaintiff to discuss why plaintiff had failed to complete his
appraisal reports. In an email dated November 5, 2012,
plaintiff wrote to Harold and Long that it was his
“responsibility to get back up to speed, meet
deadlines, respond to customers, agents, management, UW, etc.
in a more timely, pleasant and professional manner.” In
November 2012, plaintiff requested that his doctor approve a
medical accommodation of “no driving from 11/19 thru
11/27/2012." Plaintiff knew that defendant's
accommodation request process required his doctor's
medical certification to support his requested driving
restriction. He attached Chubb and Son's Medical
Accommodation Request Form to the email.
did not receive an accommodation request form from plaintiff
or his doctor in either November or December 2012. Plaintiff
maintains that he informed defendant of his request both
orally and in writing and advised defendant that his
physician had attempted to submit the Medical Accommodation
email to his physician dated November 19, 2012, plaintiff
wrote: “All and all I could probably keep going like
this a bit longer but the possibility of injuring someone
other than myself as I attempt to meet my increased goals
which entails driving 2, 600 plus miles a month is a bad risk
to take. The basic functions of my job are what seem to
aggravate lower lumbar, cervical areas, shoulder and arm, not
to mention the broken thumb and crushed middle finger hinder
my typing and accuracy.” As of December 2012, plaintiff
had a significant backlog of appraisal reports. On December
4, one of defendant's senior appraisers, Lina Marunas,
audited plaintiff's reports and found several that did
“not meet key pieces” of defendant's
underwriting guidelines. She also noted that plaintiff's
worksheets, which she identified as critical, lacked
“key pieces of information.” Plaintiff maintains
that his mistakes are attributable to his lack adequate
training on the appraiser report writing system
(“ARWS”) that was implemented while he was absent
on medical leave.
December 4, plaintiff informed defendant that his doctor had
attempted to submit the Medical Accommodation Request form
but had sent it to the wrong number. On December 7, 2012,
Long asked plaintiff what modification he needed to perform
the essential functions of his job. Plaintiff requested that
defendant (1) relieve him temporarily of driving and on-site
appraisal responsibilities so that he could “catch
up” on his backlog of reports; (2) provide him with
estimates of the time he needed to ...