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VanHook v. Cooper Health Sys.

VanHook v. Cooper Health Sys.

United States Court of Appeals for the Third Circuit

March 30, 2022, Submitted Under Third Circuit L.A.R. 34.1(a); March 31, 2022, Filed

No. 21-2213

Opinion

OPINION2

SHWARTZ, Circuit Judge.

Marsha VanHook appeals the District Court's order granting summary judgment in favor of her employer, Cooper Health System ("Cooper"), on her retaliation claim under the Family and Medical Leave Act ("FMLA"), 29 U.S.C. § 2611, et seq., as well as her discrimination, retaliation, and harassment claims under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101, et seq., and the New Jersey Law Against Discrimination ("NJLAD"), N.J.S.A. 10:5-1, et seq. For the reasons set forth below, we will affirm.

VanHook worked at Cooper from 2010 until 2018 as a patient representative. VanHook experiences depression, anxiety, panic attacks, and related symptoms, and her son experiences attention deficit hyperactivity disorder, severe oppositional defiance disorder, chronic depression, and anxiety. VanHook says [*2]  that her son requires constant supervision and medical care. Starting in 2013, Cooper granted VanHook intermittent leave under the FMLA to care for him when he was not in school or otherwise supervised. VanHook took FMLA leave totaling 69 days in 2015, 90 days in 2016, and 106 days in 2017.

In October 2016, VanHook herself had a nervous breakdown that required hospitalization for over two months. VanHook claims that employees at Cooper thereafter harassed her and discriminated against her based on both her disabilities and taking FMLA leave to care for her son. More specifically, VanHook said that in 2017, Christine Mueller, VanHook's then-supervisor, harassed her. After VanHook complained, Cooper transferred her to a different office with a new supervisor, Bonnie Mannino. Even after this change, VanHook complained that Mannino "frequently made negative comments regarding . . . FMLA leave." App. 55 ¶¶ 13-14.

On December 27, 2017, Mannino sent an e-mail to Theresa Sentel, a human resources ("HR") employee, requesting clarification on VanHook's yearly FMLA allowance. That same day, Mannino verbally warned VanHook for taking ten unscheduled days of paid time off between April and December [*3]  2017, and Cooper issued VanHook a Disciplinary Action Form for absenteeism.

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2022 U.S. App. LEXIS 8501 *

MARSHA VANHOOK, Appellant v. THE COOPER HEALTH SYSTEM

Notice: NOT PRECEDENTIAL OPINION UNDER THIRD CIRCUIT INTERNAL OPERATING PROCEDURE RULE 5.7. SUCH OPINIONS ARE NOT REGARDED AS PRECEDENTS WHICH BIND THE COURT.

PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.

Prior History:  [*1] On Appeal from the United States District Court for the District of New Jersey. (No. 1-19-cv-14864). District Judge: Honorable Paul S. Diamond, by designation.

CORE TERMS

harassment, comments, district court, severe, pervasive, notice, retaliation, summary judgment, abusing, grant summary judgment, nondiscriminatory, surveillance, suspicion, reasons

Labor & Employment Law, Discrimination, Retaliation, Burdens of Proof, Leaves of Absence, Family & Medical Leaves, Employment Practices, Adverse Employment Actions, Discharges & Failures to Hire, Business & Corporate Compliance, Scope & Definitions, Restoration of Benefits & Positions, Civil Procedure, Summary Judgment, Entitlement as Matter of Law, Appropriateness, Motions for Summary Judgment, Notice Requirement, Racial Harassment, Burdens of Proof, Employee Burdens of Proof, Standards of Proof, Pervasive & Severe Standards, Harassment, Sexual Harassment, Hostile Work Environment, National Origin Harassment, Disparate Treatment, Evidence, Harassing Conduct