PHILADELPHIA – The University of Pennsylvania Health System was granted summary judgment in a wrongful termination case filed by an ex-employee who was fired for using his cell phone at work.
Judge Timothy Savage of the U.S. District Court for the Eastern District of Pennsylvania ruled on the case April 13. Brian Ragsdale claimed that the employer violated the Americans with Disabilities Act when it fired him from his job as a phlebotomist.
The dispute came about after Ragsdale, who was on the list for a kidney transplant, was denied his request to use his cell phone at work. Instead, his employer said he could receive phone calls through its landline. Ragsdale was fired after he used his cell phone for a conversation that had no relation to his kidney transplant.
“Because the undisputed facts show that Ragsdale was fired for using his cell phone in violation of Penn’s policy after having been given a final warning and not for any discriminatory or retaliatory reason, we shall grant the motion for summary judgment,” Savage wrote.
He pointed out that Penn was fully aware that Ragsdale wanted to use his phone because he needed to be given the latest updates about a potential kidney transplant. And while Penn denied his request to use his cell phone, it did accommodate his need by providing a landline that he could use. While Ragsdale said the landline wasn’t adequate as he got his messages late, Savage noted that the transplant program never called, so his failure to accommodate claim fell short.
Ragsdale also didn’t prevail on his discrimination claim because he wasn’t fired for using his cell phone to discuss the kidney transplant. Instead, Savage wrote, “He was fired because he used his cell phone for a personal call unrelated to the transplant program. Had his request been granted, he still would have violated Penn’s policy.”
Ragsdale couldn’t prove his retaliation claim because he was fired a year and a half after he asked to use his cell phone at work, so there’s no evidence that his request is what got him terminated.