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Medley v. Valentine Radford Communications7/19/2005
ng him know that she would not be able to work and explaining what her symptoms were. On January 2, 2002, she sent Mr. Olson an email explaining that she would not be able to work full-time for the rest of the week and had an appointment with Dr. Reynolds the next week to evaluate surgical options. She offered to come in for half days or to work from home in the interim. Mr. Huggins sent her an email and a letter on January 3, 2002, stating that because she had not been able to work on a regular basis and had not provided a valid doctor's excuse, "we have to assume that you have abandoned your position."
On January 25, 2002, Ms. Medley's attorney wrote to Mr. Huggins and Ms. Brown, demanding that Ms. Medley be reinstated and asserting that Valentine Radford had violated the Missouri Human Rights Act (MHRA) and the Americans with Disabilities Act (ADA). On February 8, 2002, Valentine Radford's attorney responded, denying liability and stating that Ms. Medley could reapply with the company. On February 27, 2002, Ms. Medley wrote to Ms. Brown to reapply and asked what she needed to do to pursue that. Mr. Huggins responded by sending Ms. Medley a letter telling her to email her resume to human resources where it would be reviewed if a position was available that met her qualifications. Nothing further happened regarding Ms. Medley's efforts to get rehired. Her former position was never filled; her duties were instead divided among other employees in her department.
Ms. Medley filed a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) and the Missouri Commission on Human Rights (MCHR), alleging that she was discharged because of her disability in violation of the MHRA, section 213.010, et seq. On November 8, 2002, the MCHR issued its Notice of Right to Sue. Ms. Medley brought this lawsuit against Valentine Radford, alleging that it discharged her because of her disability, in violation of the MHRA, refused to reasonably accommodate her disability, and retaliated against her by not rehiring her because she opposed its refusal to reasonably accommodate her disability. The trial court granted Valentine Radford's motion for summary judgment. In its motion, Valentine Radford claimed that there was insufficient evidence to find that it violated the MHRA because it terminated Ms. Medley due to her failure to come to work regularly and insufficient evidence to find that it retaliated against her when it did not rehire her. Ms. Medley appeals.
Ms. Medley brings two points on appeal. She first claims that the trial court erred in granting Valentine Radford's motion for summary judgment on the claim of discrimination and refusal to accommodate. She claims that there were genuine issues of material fact as to whether Ms. Medley could establish a prima facie case of discrimination and refusal to accommodate. She next claims that the trial court erred in granting summary judgment on her claim that Valentine Radford retaliated against her by refusing to rehire her because she invoked her rights under the MHRA. She claims that there were disputed facts as to whether she could establish a prima facie case of retaliation.
II. STANDARD OF REVIEW
The trial court shall enter summary judgment only if "the motion, the response, the reply...show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Rule 74.04(c)(6). The appellate court reviews the grant of summary judgment essentially de novo. ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993). The record is reviewed in the light most favorable to the party against whom judgment was entered,
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