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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-2195
VICTORIA ANDERSON,
Plaintiff - Appellant,
v.
DISCOVERY COMMUNICATIONS, LLC; JANELL COLES; LISA WILLIAMSFAUNTROY; DOE DEFENDANTS 1 THROUGH 4,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
Alexander Williams, Jr., District
Judge. (8:08-cv-02424-AW)
Argued:
Decided:
April 5, 2013
May 3, 2013
PER CURIAM:
Victoria
judgment
Anderson
granting
Discovery
appeals
summary
from
judgment
Communications,
LLC,
the
to
district
courts
former
employer
her
(Discovery)
and
other
For
the
reasons
set
forth
below,
we
affirm
the
I.
From
Anderson
Talent
August
as
Group
an
2004
to
attorney
(the
January
in
Group)
the
of
2007,
Discovery
Programming,
Discoverys
employed
Production,
Legal
and
Department.
Andersons
direct
supervisor;
Defendant-Appellee
Lisa
technical,
and
drafting
skills,
her
annual
such
as
effectively
organizing,
planning,
and
her
interpersonal
skills
with
both
colleagues
and
(J.A. 659-60.)
In
2006, 2
October
Anderson
was
in
California
for
conference when she became ill and visited a local doctor, who
advised her, inter alia, that she may have a sleep impairment.
Upon her return to Maryland, Anderson requested and was granted
FMLA leave from October 20 to November 15, during which time she
consulted with her personal physician, Dr. Collin D. Cullen, and
a
sleep
specialist,
determined
that
Dr.
Andrew
Andersons
P.
Tucker.
laboratory
and
The
sleep
physicians
test
results
Since
Anderson reported that she was only sleeping between two and
four
hours
suffered
each
from
(J.A. 306-09.)
night,
the
fatigue,
physicians
sleep
concluded
deprivation,
she
and
likely
insomnia.
late
on
condition
November,
Andersons
was
Anderson
statements
improving,
Dr.
returned
to
indicating
Cullen
Dr.
that
Cullen,
her
recommended
and
overall
that
she
Tucker
at
the
end
of
November
and
mid-December,
Dr.
Tucker
(J.A. 327.)
At his
(J.A. 325-26.)
At their request,
proposal and denied her request, stating that the proposal would
not enable her to perform the responsibilities of her job, which
included a 40-hour minimum work week, presence in the office
during core business hours of 9 a.m. to 6 p.m. Monday through
Friday,
and
flexibility
to
work
outside
those
hours
as
January
Discovery
3,
was
2007,
Williams-Fauntroy
terminating
her
informed
employment.
Anderson
At
her
and that the sole reason for her termination was her failure
to update her time records.
(J.A. 157-58.)
Williams-Fauntroy
(J.A. 217.)
her
refusal
to
accept
performance
plan
clients
and
misrepresenting
supervisors;
and
colleagues,
prior
her
as
discussions
manipulating
well
with
time
as
skewing
co-workers
sheets
and
and
documenting
retaliation
and
interference
of
rights
under
the
FMLA.
district
court
granted.
The
district
court
held
that
case
evidence
of
retaliation,
indicating
Anderson
Discoverys
had
legitimate,
not
presented
any
non-discriminatory
reasons for firing her were a pretext; that Anderson did not
have a serious medical condition entitling her to FMLA leave;
and that Anderson had not given Discovery adequate notice of her
need for FMLA leave.
II.
Standard of Review
Id.
III.
The
ADA
prohibits
ADA Claims
discrimination
in
employment
decisions
42 U.S.C.
See
Rohan v. Networks Presentations LLC, 375 F.3d 266, 272 (4th Cir.
2004) (stating that a plaintiff is first required to produce
evidence that she is . . . disabled.).
42 U.S.C. 12102(a)(A).
Thus, having a
An
of
material
fact
exists
as
to
whether
she
was
is
so,
she
submits,
because
the
record
reflects
her
addition,
Anderson
contends
that
the
district
court
of
showing
impairment
in
more
than
one
major
life
Cf.
the
time
considering
Discovery
the
terminated
district
courts
her
employment.
statements
in
Moreover,
context,
the
Nor did it
interpreted
qualifying
strictly
as
to
create
disabled.
Toyota
demanding
Motor
Mfg.,
standard
Ky.,
Inc.
for
v.
daily
lives.
The
impairments
Id. at 198.
impact
must
also
be
explained:
It is insufficient for individuals attempting to prove
disability status under this test to merely submit
evidence of a medical diagnosis of an impairment.
Instead, the ADA requires those claiming the Acts
protection . . . to prove a disability by offering
evidence that the extent of the limitation [caused by
their impairment] in terms of their own experience . .
. is substantial.
Id. (internal quotation marks omitted); see also Sutton, 527
U.S. at 482 (A disability exists only where an impairment
substantially
might,
limits
could,
or
major
would
life
be
activity,
substantially
not
where
it
limiting
if
Natl Red Cross, 701 F.3d 143, 151-52 (4th Cir. 2012) (joining
other circuits court of appeals in holding that the 2008 ADA
amendments do not apply retroactively).
11
feeling
fully
refreshed,
was
functioning
normally,
In
more
than
seven
hours.
(J.A.
325.)
Dr.
Tucker
(J.A. 325-26.)
349,
352
(4th
Cir.
2001)
Ford
Motor
Co.
v.
Sleep patterns
618 (5th Cir. 2009) (In an ADA case, the relevant time for
assessing the existence of a [cognizable] disability is the time
of the adverse employment action.).
court
did
not
err
in
concluding
Anderson
was
not
an
of
ADA
retaliation
discrimination
claim
against
is
any
based
on
the
individual
ADAs
because
retaliation
Anderson
claim,
had
to
produce
evidence
Freilich
v. Upper Chesapeake Health, Inc., 313 F.3d 205, 216 (4th Cir.
2002).
Anderson
sought
to
prove
causation
using
the
burden-
Anderson thus
if
successful,
the
burden
then
shifted
to
was
pretext.
justifications
for
She
asserts
terminating
her
Discovery
had
and
is
that
shifting
sufficient
entries,
manufactured
decision.
but
a
that
host
since
of
litigation
additional
commenced,
reasons
to
Discovery
support
its
agree
has
has
with
set
the
forth
provided
district
a
prima
court
facie
legitimate,
that
case
even
of
assuming
retaliation,
nondiscriminatory
reason
fact
calls
that
repeatedly
reason
into
misrepresents
question
the
as
record
pretext.
evidence
Anderson
and
parrots
does
Andersons
provided
not
support
actual
specific
her
contention.
discharge
examples
through
of
that
From
the
litigation
behavior,
time
of
Discovery
and
different
or
terminology,
but
Discoverys
explanation
for
its
an
decision
changing
gave
to
rise
an
explanations
inference
of
for
its
pretext.
employment
See,
e.g.,
Dennis v. Columbia Colleton Med. Ctr., Inc., 290 F.3d 639, 646
(4th Cir. 2002) (discussing how a shift both in the detail and
the
explanation
for
the
employers
decision
gave
them
the
243
employers
F.3d
846,
853
inconsistent
(4th
Cir.
2001)
explanations
15
(stating
and
that
an
different
justifications
were
probative
of
pretext).
Anderson
cannot
minor
discrepancies
that
explanations validity[.]
do
pretext,
[Discoverys]
[i]t
is
reason
not
was
cast
doubt
on
the
not
our
province
wise,
fair,
to
decide
or
even
whether
correct,
articulated
legitimate,
non-discriminatory
devoid
of
evidence
that
would
create
genuine
issue
of
the
district
court
did
not
err
in
granting
IV.
Anderson
summary
also
judgment
FMLA Claims
challenges
to
interference claims.
the
Discovery
on
district
her
FMLA
courts
grant
retaliation
of
and
her
subsequent
termination
16
constituted
retaliation
under
the FMLA.
under
[a]
29 U.S.C. 2612(a)(1)(D).
retaliation
theory
are
FMLA claims
analogous
to
those
derived under Title VII and so are analyzed under the burdenshifting
framework
of
McDonnell
Douglas[.]
Yashenko
v.
Harrahs NC Casino Co., 446 F.3d 541, 550-51 (4th Cir. 2006).
Andersons FMLA retaliation claim thus fails for the same reason
her
ADA
retaliation
claim
failed:
the
absence
of
evidence
See
interference
of
rights
thereunder,
Anderson
had
to
17
prove
not
violation
World
only
prejudiced
Wide,
Inc.,
2617(a)(1).
employee
the
fact
of
interference,
her
in
some
535
U.S.
81,
way.
89
but
also
Ragsdale
(2002);
see
that
the
v.
Wolverine
29
U.S.C.
lost
compensation
or
benefits
by
reason
of
the
as
direct
result
of
the
violation,
id.
through
appropriate
equitable
relief,
such
as
the
only
injury
Anderson
alleged
as
result
of
Anderson
remained
employed
and
was
given
full
benefits
V.
For
courts
the
aforementioned
judgment
awarding
reasons,
we
affirm
summary
judgment
the
in
district
favor
of
Discovery.
AFFIRMED
19