Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

YUDKOVITZ v. BELL ATLANTIC CORPORATION

January 12, 2004.

LOUIS YUDKOVITZ,
v.
BELL ATLANTIC CORPORATION, et al



The opinion of the court was delivered by: LEGROME DAVIS, District Judge

MEMORANDUM ORDER

Presently before this Court is Defendants Bell Atlantic Corporation, Bell Atlantic Network Services, Inc., Verizon Communications Inc. and Verizon Services Corp.'s (collectively, "Verizon") Motion to for Summary Judgment (Dkt. No. 19). For the reasons discussed below, Defendants' Motion is GRANTED.

I. Factual Background

  A. Yudkovitz's Medical Condition

  Plaintiff Louis Yudkovitz ("Yudkovitz") suffers from relapsing-remitting multiple sclerosis ("MS"). Plaintiff's Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment ("Pl's Mem."), Ex. E at 102-03 (Dkt. No. 21). His exacerbation frequency appears to be approximately once per year and each exacerbation lasts from one week to a month. When he experiences a "flare-up," Yudkovitz gets dizzy, loses control over his left side and has difficulty climbing steps. Id. at 104. He also has "to be careful about getting around with [his] left leg," Id., and cannot carry "heavy objects" in his left hand. Compl. ¶ 47. When his MS is in remission, Yudkovitz still experiences problems in his left leg and left arm. Pl.'s Mem., Ex. E at 474. As a result, Yudkovitz walks slower, has difficulty climbing steps, lacks the mobility he had in his youth, and is unable to lift or move things around the house. Id. at 474-75. Page 2 Yudkovitz, however, does not have a problem walking around the house or on a flat surface. Id. at 109. Outdoors, Yudkovitz is able to walk, but is careful not to trip over uneven pavement. Id. To date though, Yudkovitz has never fallen while walking. Id. at 110-11. Further, when working for Verizon, Yudkovitz's MS never affected his job performance. Id. at 196; Defs.' Brief in Support of Its Motion for Summary Judgment ("Defs.' Br."), Ex. C at 2.

  B. Yudkovitz's Tenure with Verizon

  In March 1999, Yudkovitz sought employment through a recruiting firm, Romac International ("Romac"). PL's Mem., Ex. E at 136-37. Romac arranged a job interview with Verizon for a position in its Order Management Department. Id. at 140-41; PL's Mem., Ex. J at 12. Yudkovitz interviewed with Elizabeth Cass-Schmidt, Senior Manager in Verizon's Order Management Department, and Kathy Buttil, Verizon's Hiring Manager. PL's Mem., Ex J at 6-8. Yudkovitz presented himself as an experienced project manager who had worked for 22 different companies over 31 years. Defs.' Br., Ex. A; PL's Mem., Ex. J at 13; PL's Mem., Ex. E at 147. Yudkovitz, however, did not disclose during the interview that he had MS. Id. at 15; Pl's Mem., Ex. E at 146, 361-62.

  On June 1, 1999, Verizon hired Yudkovitz over five other candidates as a Software Manager, Level III in the Release Management Department. Id. at 15-16; PL's Mem., Ex. E at 252-53; Pl.'s Mem., Ex. H at 16; PL's Mem., Ex. J at 13; PL's Mem., Ex. E at 147. As a Software Engineer Level III, Yudkovitz was expected "to come in the door and be, in a very, very quick period of time, if not immediately, very, very productive." PL's Mem., Ex. J at 16, 45-46.

  About three months into the job, Plaintiff was assigned the task of recording minutes at weekly department meetings and distributing them to his co-workers before the next Page 3 meeting. PL's Mem., Ex. E at 266. On several occasions, Yudkovitz was unable to generate meeting minutes in a timely fashion. Id. at 268. Plaintiff was also assigned the task of making an oral presentation on production support to a group of managers, including Ms. Cass-Schmidt. Id. at 277. According to Ms. Cass-Schmidt, Plaintiffs presentation was incomplete, factually incorrect and poorly organized. PL's Mem., Ex. J at 36-37. Rosemary Brown, who became Yudkovitz's supervisor in October 1999, also attended the presentation and concluded that Yudkovitz had organizational deficiencies and lacked strong presentation skills. PL's Mem., Ex. H at 29-30. Neither Ms. Cass-Schmidt nor Ms. Brown knew, at the time, that Yudkovitz suffered from MS. PL's Mem., Ex. E at 283-84.

  On November 11, 1999, Yudkovitz was hospitalized after suffering a relapse while walking through a shopping mall. Id. at 204-05. The following day, Yudkovitz called his then-immediate supervisor, Ms. Brown to inform her that he would be out sick because his "neurological disorder ha[d] flared up." Id. at 207. In response, Ms. Brown instructed Yudkovitz to contact CORE Inc. ("CORE"), an independent third-party company that provides Verizon with employee disability management. Id. at 208-09; Pl's Mem., Ex. H at 33-34. Yudkovitz called CORE "continuously" and "kept them informed" during his absence. Id. at 209. CORE notified Verizon that Yudkovitz qualified for short-term disability, but it did not share with Verizon any information about the nature of Yudkovitz's condition. Defendants' Reply Brief in Support of Its Motion for Summary Judgment ("Defs.' Reply Br."), Ex. A ¶¶ 2-9; PL's Mem., Ex. H at 32. Yudkovitz also called Ms. Brown on several occasions to update her as to his status. PL's Mem., Ex. E at 211. During those calls, Yudkovitz described his symptoms to Ms. Brown, saying he felt weak and dizzy. Id. at 212. Yudkovitz did not, however, disclose that Page 4 he suffered from multiple sclerosis. Id. at 214.

  Prior to Yudkovitz's November 1999 hospitalization, Ms. Brown noticed he walked with a "slight limp." PL's Mem., Ex. H at 33. Ms. Brown recalls discussing Yudkovitz's limp with her predecessor, Michael DiTomasso, because they thought he "had a problem with his knee or his ankle." Id. Ms. Brown also may have noticed Yudkovitz using a quad-based cane.*fn1 Id. at 36.

  Ms. Brown continued to supervise Yudkovitz after he returned to work in December 1999, and during the course of her supervision, developed a number of concerns regarding Yudkovitz's performance. Ms. Brown believed that "he had not shown an understanding of the applications and processes within [the] organization." She was also "concerned about the accuracy and timeliness of documents that [Yudkovitz] submitted[, . . .] about his lack of PC skills and use of management tools[, . . .] about his inability to react to feedback[, and] the quantity of assignments that he could take on." PL's Mem., Ex. H at 48. As a result, in March 2000, Ms. Brown drafted her review of Yudkovitz and rated his performance as unsatisfactory.*fn2 Defs.' Br., Ex. F. Ms. Cass-Schmidt reviewed a draft of Ms. Brown's review of Yudkovitz and agreed with Ms. Brown's assessment of his performance. Pl's Mem., Ex. H at 67; PL's Mem., Ex. J at 43, 49.

  Because Yudkovitz's performance was rated as unsatisfactory, he was placed on a Page 5 Management Performance Improvement Plan (the "MPIP"),*fn3 Pl.'s Mem., Ex. J at 43, 49, a written copy of which was given and explained to Yudkovitz on March 13, 2000. Defs.' Br., Ex. G. The MPIP notified Yudkovitz that a failure to rectify his performance deficiencies "could result in discipline up to and including dismissal." Id.

  Pursuant to the MPIP, Yudkovitz was required to satisfactorily complete two assignments by the end of March 2000, and pursue some computer training. Id. With respect to the two assignments, Yudkovitz completed them only after receiving from Ms. Brown a great deal of guidance. Pl.'s Mem., Ex. H at 67-69, 79; Pl.'s Mem., Ex. E at 312. Ms. Brown noticed "some improvement, although [Yudkovitz] was not to the level where [she] thought he should be." As for the computer training, Yudkovitz completed Microsoft Excel training and took a Lotus Notes class via the internet. Pl.'s Mem., Ex. H at 76.

  Although Yudkovitz struggled with the two assignments, Ms. Brown decided to extend the MPIP because "she wanted to see if there were other tasks [Yudkovitz] would perform better." Id. at 76. Ms. Brown drafted the extended Management Performance Improvement Plan (the "EMPIP") on April 11, 2000. Defs.' Br., Ex. H; Pl.'s Mem., Ex. H at 78.

  On April 18, 2000, Yudkovitz asked Ms. Brown if there would be any consequences if he missed any more time from work. Pl.'s Mem., Ex. E at 313-14. Ms. Brown told Yudkovitz that it would probably cost him his job. Id. at 314. Yudkovitz, in response, disclosed for the first time that he had MS. Id. at 214, 301; PL's Mem., Ex. H at 37-38; Pl.'s Page 6 Mem., Ex. J at 51-52.

  On the same day, Ms. Brown provided Plaintiff with a copy of the EMPIP, which consisted of three additional assignments to be completed by the end of April 2000. Defs.' Br., Ex. H; Pl's Mem., Ex. H at 78-79. Yudkovitz performed the first assignment unsatisfactorily, showed improvement in completing the second, although he required significant feedback to get it correct, and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.