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Callahan v. Walla Walla Housing Authority4/12/2005
Soon after Debra Callahan was hired by the Walla Walla Housing Authority (Housing Authority), she began experiencing puzzling physical symptoms that required numerous medical visits and diagnostic tests. Over a couple of months, she was absent 13 times for periods of half an hour to two days. The day she disclosed she was being tested for multiple sclerosis (MS), her employer fired her for excessive absenteeism. Six weeks later, the diagnosis of MS was confirmed. Ms. Callahan sued for, among other things, disability discrimination in violation of the Washington Law Against Discrimination (WLAD), chapter 49.60 RCW. The trial court rejected Ms. Callahan's prima facie case and granted the Housing Authority's motion for summary judgment.
Ms. Callahan appeals. The dispositive issues are whether undiagnosed MS is a disability for the purposes of WLAD and, if so, whether it was a substantial factor in her firing. We find that reasonable minds could differ on either issue. Consequently, we reverse the summary judgment and remand for trial.
Facts
Because this is an appeal of a summary judgment, we consider all evidence and reasonable inferences from the evidence in the light most favorable to Ms. Callahan. Wilson v. Steinbach, 98 Wn.2d 434, 437, 656 P.2d 1030 (1982).
In January 2001, the Housing Authority hired Ms. Callahan as an administrative assistant. Her immediate supervisor was executive director Ren`e Rooker. The Housing Authority provides compensated time off in the form of personal time off (PTO), instead of designated vacation and sick leave. Employees become eligible for 12 hours per month after their first complete calendar month of service. Ms. Callahan began to accrue PTO as of March 1, 2001.
The Housing Authority personnel policy manual requires employees to schedule time off as far in advance as possible and to fill out a form. The form does not require any explanation for accrued paid time off. The form does have a box for an explanation for unpaid time off. If a medical emergency requires unapproved and unscheduled time off, the employee must call a particular Housing Authority voice mail extension before 7:15 a.m. and leave a message. Proof of illness may be requested for absences lasting more than three days. The manual lists excessive absenteeism and unexcused absences as unacceptable conduct that may result in suspension or discharge.
Toward the end of February 2001, Ms. Callahan began experiencing a variety of health problems. She commenced a series of medical consultations and tests. The trouble started with high blood pressure, which Ms. Callahan discussed with Ms. Rooker. This was followed by back pain, dizziness, weakness of the limbs, and night sweats. Ms. Callahan was absent for all or part of several days in March and April. Each of these absences, whether paid or unpaid, was orally preapproved by Ms. Rooker. Ms. Callahan would then submit the approval form either before or after the fact. Five of the forms request PTO; eight are for unpaid time off. Three of the 13 cite non-medical reasons. One cites 'torn hip muscle.' Clerk's Papers (CP) at 51. Three give no reason. All together, Ms. Callahan was absent for 77.5 hours out of 240, or one-third of her scheduled working hours.
On April 2, Ms. Callahan had trouble walking. She went to work anyway, but fell down during the lunch hour and could not get up for half an hour until a fellow employee found her. She did not tell Ms. Rooker about this incident. But Ms. Callahan asserts she talked to Ms. Rooker numerous times about her health problems, specifically on April 6 and April 11, when she discussed with Ms. Rooker her ongoing diagnostic tests.
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