United States District Court, S.D. Indiana, Indianapolis Division
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY
Walton Pratt, United States District Judge.
matter is before the Court on a Motion for Summary Judgment
filed pursuant to Federal Rule of Civil Procedure 56 by
Defendant Res-Care, Inc. (“ResCare”) (Filing
No. 30). Plaintiff Ujunwa Adirieje
(“Adirieje”) initiated this action asserting
claims of disability discrimination under the Americans with
Disabilities Act, 42 U.S.C. § 12101, et seq.
(“ADA”), retaliation under the ADA, and a
Frampton claim pursuant to Indiana common law. For
the following reasons, the Court must grant
following facts are not necessarily objectively true, but as
required by Federal Rule of Civil Procedure 56, the facts are
presented in the light most favorable to Adirieje as the
non-moving party. See Zerante v. DeLuca, 555 F.3d
582, 584 (7th Cir. 2009); Anderson v. Liberty Lobby,
Inc., 477 U.S. 242, 255 (1986).
is a private agency that provides Medicaid waiver services to
persons with intellectual disabilities and is regulated by
the Indiana Bureau of Developmental Disabilities (Filing
No. 31-1 at 2). The agency provides in-home care for
individuals who cannot take care of themselves for various
reasons such as being confined to a wheelchair, having
bipolar disorder or speech disorders (Filing No. 31-2 at
is a resident of the State of Indiana, County of Marion, and
a former employee of ResCare (Filing No. 1 at 1).
She was employed by ResCare as a Direct Care Professional
beginning on or about September 26, 2016, left the company-to
take another job-in November 2016, and was rehired in April
2017. Near the end of January 2017, Adirieje became aware
that she was pregnant through a home pregnancy test. She had
an ultrasound in February or March of 2017 to confirm her
pregnancy. As a Direct Support Professional, Adirieje was
required to provide training, emotional support, physical
support, and monitoring to individuals with developmental
disabilities or other reported disorders. She was assigned to
work in a group home that supported eight female clients who
had various disabilities. At that time, Adirieje was also a
part-time student during the day and worked at ResCare during
the night. She worked at the group home from 8:00 p.m. to
8:00 a.m., seven days on and seven days off. Her direct
supervisor was Markita Emery-Keifer (“Markita”).
Adirieje was rehired by ResCare in April 2017, she knew that
she was pregnant and she informed three ResCare employees of
her pregnancy-the woman who conducted the interview, the
woman who provided the orientation, and her supervisor
Markita. When she rejoined ResCare, she filled out a
“personnel action form, ” which included a
question about whether she was disabled. She left that
section blank and later explained that she left the
disability section blank because she “was not
disabled” when she applied in April 2017. As her
pregnancy progressed, it affected her ability to walk, lift,
bend, and stand, and her pregnancy sometimes affected her
ability to concentrate or think clearly (Filing No. 31-2
at 6, 10, 22; Filing No. 31-4).
eight clients who Adirieje serviced resided in different
rooms within the group home. They moved freely about the
house and sometimes without warning would have behavior
problems or might start fighting with each other. During
orientation, Adirieje was informed that working in a group
home with eight clients required multiple staff, and she
would not be working alone. Markita also told Adirieje that
she would not be working alone. However, Adirieje often found
herself working alone during the night shift. On several
occasions Adirieje informed Markita that she was working
alone and needed her to send help, and Markita agreed that
she would do so. (Filing No. 31-2 at 6, 19;
Filing No. 38-4 at 1).
morning of May 16, 2017, Adirieje was taking a client to the
medication room when the client asked to call her boyfriend.
Adirieje told the client she could call him but not at that
moment. The client became agitated and kneed Adirieje in the
stomach, and Adirieje fell to the ground. Adirieje attempted
to stand up, and the client tried to jump on her. Adirieje
was able to run away and call her supervisor for help.
Markita informed Adirieje that she could not come to the
residence and asked whether Adirieje could handle it.
Adirieje replied, “[i]f I can handle it, I
wouldn’t be calling you.” (Filing No. 38-1 at
10.) Markita instructed Adirieje to call the police,
which she did, and a police officer came to the home. The
officer asked Adirieje if she needed to go to the hospital,
and she declined, explaining that she was not injured.
Id. at 10–11.
that evening, while on her way to school, Adirieje received a
phone call from Markita who asked her to stop by the home.
Id. Markita then asked Adirieje if she would like to
go to the hospital, and Adirieje again declined, explaining
again that she was okay. Adirieje was asked to fill out an
incident report form, so she filled out the report and
indicated that she did not receive first aid and did not go
to an emergency room because she had sustained no physical
injuries as a result of the incident (Filing No. 31-2 at
7, 11–12; Filing No. 38-4 at 1–2;
Filing No. 31-5).
17, 2017, Adirieje went to school and began feeling cramps.
She called Markita while she was at school and explained that
she was having cramps and wanted to go to the hospital.
Markita responded, “No. I’ve already filled out
the paper, ” so Adirieje replied, “okay.”
(Filing No. 31-2 at 12.) Adirieje had never
experienced cramps prior to the incident on May 16, but she
felt cramps frequently after May 16. The cramps would come
and go, and she would take Tylenol when she felt them.
However, Adirieje cramps were not so severe that she could
not go to work, go to school, or go out. Id. She
worked her next scheduled shift the following day and never
missed any work as a result of the incident. She later
testified in her deposition that the incident did not affect
her ability to work in any way. Id. at 12–13.
29, 2017, Adirieje was washing dishes in the kitchen at the
group home when her car alarm went off. She looked out the
window and saw a man running away, so she called 911. The
police came but could not find anyone. Adirieje called
Markita to let her know what happened. She then contacted
Jeff Rubin, ResCare’s Indianapolis executive director,
through an electronic communication application called
“RedeApp.” (Filing No. 31-2 at 13.) Her
Hi Jeff, good morning, my name is Ujunwa Adirieje. I work at
Allisonville with 8 clients by myself overnight. Today an
armed robber attacked my car and tried to force the door to
the house. I am scared. I need help or I can’t continue
with it, it’s just too much for me. Thanks.
(Filing No. 31-6.) Adirieje sent the message to Jeff
Rubin asking for help because it was scary being at the home
by herself and she was afraid of the robber (Filing No.
31-2 at 13). Jeff Rubin failed to respond to the
message, and this was the only time Adirieje ever
communicated with him. A few days later Markita informed
Adirieje that she had learned the person who had run away was
the boyfriend of a client, who came to the group home to
bring cigarettes to the client (Filing No. 31-2 at
10, 2017, Adirieje arrived at the group home before 8:00 p.m.
to start working her normal shift. When she learned that she
would be the only staff working that night, she called
Markita, who told Adirieje that she would get somebody to
help soon. Adirieje began to feel unbearable cramps while she
was working. She went to the bathroom and saw that she was
bleeding. She then tried calling numerous other staff members
to come relieve her, but they either did not answer their
phone or were unable to relieve her (Filing No. 31-2 at
before 3:00 a.m., Adirieje texted Markita: “Hi Markita,
please I need help. I have been having contractions and
bleeding.” (Filing No. 31-7.) Markita directed
Adirieje to call 911. Id. Adirieje responded that
“[n]obody will be here . . . I am here by
myself.” Id. Markita replied, “Yes they
will be coming[.] I have been drinking but I will come if I
have to[. I’m] just [s]cared to get pulled
over[.]” Id. Adirieje called 911, and an
ambulance arrived approximately seven minutes later. She told
the ambulance crew that she had clients in the house and
asked them to shut the door. Adirieje was taken to the
hospital emergency room, and the doctor advised her that she
had lost her baby. She was discharged ...