MIRELLE VANGAS, ALFREDO VANGAS, JR., Plaintiffs - Appellees - Cross-Appellants,
v.
MONTEFIORE MEDICAL CENTER, ELIZABETH BURNS, PATRICIA QUINN, Defendants - Appellants - Cross-Appellees, and WAGEWORKS INC, Defendant
Argued
March 21, 2016
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[Copyrighted Material Omitted]
Page 176
Appeal
from the judgment of the United States District Court for the
Southern District of New York (Ramos, Judge) denying
Defendants - Appellants - Cross-Appellees Montefiore Medical
Center, Elizabeth Burns, and Patricia Quinn, judgment as a
matter of law, a new trial, and relief from a final judgment,
and dismissing certain claims of Plaintiffs - Appellees -
Cross-Appellants Mirelle Vangas and Alfredo Vangas, Jr. We
find that the district court erred in refusing to grant
judgment as a matter of law on the New York State Human
Rights Law claim, but did not err in dismissing the New York
City Human Rights Law claim or the Consolidated Omnibus
Budget Reconciliation Act claims. Accordingly, the order of
the district court is AFFIRMED in part and REVERSED in part.
ORIT
GOLDRING, The Goldring Firm, New York, New York, for
Plaintiffs - Appellees - Cross-Appellants.
RICHARD
M. REICE (Ira J. Lipton and Marc A. Melzer, on the brief),
Hoguet Newman Regal & Kenny, LLP, New York, New York, for
Defendants - Appellants - Cross-Appellees.
Before:
JACOBS and HALL, Circuit Judges, and RESTANI,
Judge.[*]
OPINION
Page 177
Jane
A. Restani, Judge
Montefiore
Medical Center (" MMC" ), Elizabeth Burns ("
Burns" ), and Patricia Quinn (" Quinn" )
(collectively, " Defendants" ) appeal the district
court's denial of their motion for judgment as a matter
of law (" JMOL" ) under Federal Rule of Civil
Procedure 50, or alternatively for a new trial under Rule 59,
or relief from the judgment under Rule 60(b)(6) on Mirelle
Vangas's (" Vangas" ) New York State Human
Rights Law (" NYSHRL" ) claim. Vangas cross-appeals
the district court's dismissal of her New York City Human
Rights Law (" NYCHRL" ) claim and she and her
husband, Alfredo Vangas Jr. (collectively, " Mr. and
Mrs. Vangas" ), cross-appeal the district court's
dismissal of their Consolidated Omnibus Budget Reconciliation
Act (" COBRA" ) claims. The district court held
that Defendants were not entitled to JMOL on the NYSHRL claim
because Vangas had presented sufficient evidence to put
MMC's refusal to accommodate Vangas's disability
before the jury. The district court further held that alleged
errors in the jury instructions and summation did not warrant
a new trial. We hold that because Vangas did not request a
reasonable accommodation prior to her termination, the
district court erred in denying Defendants' Rule 50
motion; accordingly, we reverse that decision and vacate the
jury award on the NYSHRL claim. The district court separately
dismissed Vangas's NYCHRL claim for lack of subject
matter jurisdiction and denied Mr. and Mrs. Vangas's
COBRA claims on the merits. Those decisions are affirmed.
BACKGROUND
MMC
terminated Vangas when she was unable to work after
exhausting her leave of absence under the Family Medical
Leave Act (" FMLA" ). Vangas brought claims against
MMC, Quinn (her immediate supervisor), and Burns (the head of
human resources for the Care Management Organization). Vangas
alleged that Defendants violated the NYSHRL and NYCHRL by
failing to accommodate her disability. Mr. and Mrs. Vangas
also brought claims under COBRA alleging that MMC failed to
properly send notification of their right to continued
coverage under MMC's medical insurance
plan.[1]
MMC
hired Vangas in 1989, and at the time of her termination in
2010, Vangas worked as a utilization management analyst
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(" UMA" ) in Yonkers. During all relevant times of
her employment, Vangas lived in Cornwall on Hudson, New York.
As a UMA, Vangas performed patient " assessments"
by speaking with them over the phone. Vangas accessed patient
contact information and authorizations through databases on
her work computer, including the Care-Enhanced Clinical
Management Software (" CCMS" ) and Carecast.
On
March 25, 2010, Vangas was diagnosed with cancer. After
meeting with Quinn and Quinn's supervisor, Kathleen Byrne
(" Byrne" ), that same day, Vangas went on
immediate leave. Vangas subsequently filled out FMLA forms,
which informed her that during her leave she was to stay in
contact with MMC and inform MMC if she would not be able to
return to work as scheduled, and Vangas indicated on those
forms that her three-month leave period would end in June
2010. The FMLA forms also indicated that Vangas would need to
be medically cleared prior to returning to work. In June
2010, Vangas was hospitalized briefly after a complication
due to her treatment. On June 14, 2010, Vangas's doctor
filled out paperwork, setting a new expected return to work
date of July 19, 2010. Thereafter, Vangas did not return to
work as scheduled, but MMC unilaterally extended her leave.
In July 2010, after Vangas did not return to work, Quinn and
Byrne spoke with Burns. Thereafter, on or around July 22,
2010, they mailed Vangas a certified mail letter regarding
her FMLA leave. Vangas testified that she received two
notices that she had a certified mail letter, but did not
retrieve the letter, which was returned unclaimed.
On
August 3, 2010, Vangas's doctor indicated that she could
return to work on August 30, 2010. The same day, Vangas spoke
with Burns's assistant who informed her of the need to
complete more FMLA paperwork.[2] In late August 2010,
Vangas began experiencing new symptoms including blurred
vision, headaches, dizziness, and facial swelling. On August
23, 2010, just one week prior to her revised return to work
date, Vangas visited her doctor for an MRI and ultrasound. At
that appointment, Vangas's doctor filled out additional
FMLA paperwork stating that the duration of her condition was
" unknown." J.A. 1128.
Vangas
spoke with Quinn about her new symptoms on August 26, 2010.
On August 29, 2010, the day before she was supposed to return
to work, Vangas called, left a voicemail message, and texted
Quinn, telling her that she was not feeling well, would not
be returning the next day, and was following up with doctors.
Quinn did not respond. Vangas did not return to work August
30, 2010, and was terminated that same day. On August 31,
...