The opinion of the court was delivered by: WAYNE ANDERSEN, District Judge
MEMORANDUM, OPINION AND ORDER
This case is before the Court on the defendant Allstate Insurance
Company's motion for summary judgement. For the following reasons, the
motion for summary judgment is granted.
The following undisputed facts are taken from the parties' Local
Rule 56 statements of facts. Plaintiff Corinne Cesario Caroselli began her
employment with Allstate in October 1983. In September 1991, Caroselli
was diagnosed with fibromyalgia. The symptoms of fibromyalgia consist of,
among other things, muscle spasms, pain due to muscle spasms, swelling of
tissue, headaches, and stomach problems.
In 1992 after her diagnosis, Caroselli reduced her work schedule to
three days a week-Tuesday, Wednesday and Thursday. Although Caroselli has
fibromyalgia, she is able to wake up, get out of bed and perform all of
the normal morning activities, including using the bathroom, brushing her
teeth, bathing, taking her medication, dressing herself and fixing
her hair and makeup, without any assistance. She also helps her daughter
get ready for school and walks her daughter to the bus stop each
Caroselli regularly performs household chores such as making beds,
rinsing and stacking dishes in the dishwasher, straightening up around
the house, taking newspapers to the trash, sorting and organizing the
family's mail, cooking and doing the laundry. However, Caroselli does
need help making the beds and carrying the laundry, and she also cannot
lift certain Caphalon pots when she is cooking. During certain limited
periods of time, Caroselli experienced greater difficulty in performing
some of these tasks. Although it may have taken her longer to accomplish
these routine tasks, Caroselli still was able to perform most of these
tasks without assistance.
Caroselli also remains able to go for walks and has been able to travel
since her diagnosis. Her condition also has not limited her ability to
read, either at work or at home, or watch television. She also
participates in various exercises programs, including Pilates, in which
she has progressed to an advanced level. She also receives massage
therapy for her condition. Since her diagnosis, Caroselli has experienced
some difficulty with sleeping. However, on average, she receives six
hours of sleep per night and by taking a nap during the day, she is able
to obtain an average of eight hours sleep in a twenty four hour period.
From 1992 through 2000, Caroselli worked a reduced schedule at
Allstate. Caroselli was Senior Marketing Manager for a specific
distribution channel at Allstate, the Glenbrook Channel, and was
responsible for performing marketing support functions for sales teams in
the Glenbrook Channel. In July 2000, Allstate experienced a significant
increase in the demand for its financial products and hired additional
sales people to sell its financial
products. As a result, Allstate reorganized, and the Senior Marketing
Manager was assigned to a distribution channel and became a Channel
Manager. After the reorganization, Caroselli's job duties changed and her
responsibilities increased dramatically. As a result of the increase in
demand for marketing support, Allstate determined that a Channel Manager
must be available Monday through Friday.
In August 2000, Caroselli's supervisor advised Caroselli that because
of the growth in business and the corresponding increase in demands for
the Glenbrook Channel group she would have to work a full time schedule.
Caroselli, however, responded that because of her fibromyalgia she could
only work three days a week and only Tuesday through Thursday. As an
alternative, Caroselli suggested that Allstate hire a "qualified
assistant" to help her with projects. However, Caroselli's supervisor did
not think this alternative solution would work because it still would
mean that Caroselli, as the person ultimately responsible for the
production and delivery of the marketing materials and support, would not
be available for two days of the week.
From the middle of September 2000 through the middle of October,
Caroselli was out of the office on medical leave. When she returned,
Caroselli learned that she would be reporting to Maribeth Barrett. In
November 2000, Maribeth Barrett was hired to take over Caroselli's
position as Channel Manager for the Glenbrook Channel. Caroselli,
however, retained her job title and benefits as Senior Marketing Manager,
and a majority of her duties and responsibilities remained the same. In
February 2001, Caroselli began another medical leave of absence. On July
21, 2003, Allstate discharged Caroselli.
Caroselli has filed a two count complaint against Allstate, alleging a
violation of The Americans with Disabilities Act (the "ADA") and
intentional infliction of emotional distress. Allstate has moved for
summary judgment on both counts.
I. Summary Judgment Standard
Summary judgment is appropriate "if the pleadings, depositions, answers
to interrogatories, and admissions on file, together with affidavits, if
any, show that there is no genuine issue as to any material fact and that
the moving party is entitled to a judgment as a matter of law." FED. R.
Civ. P. 56(c). In considering such a motion, the court accepts as true
the evidence set forth by the non-moving party and draws all reasonable
inferences in favor of the party opposing the motion. Associated Milk
Producers, Inc. v. Meadow Gold Dairies, 27 F.3d 268, 270 (7th Cir.
1994). The moving party bears the burden of demonstrating an absence of
evidence to support the position of the nonmoving party. Doe v. R.R.
Donnelley & Sons Co., 42 F.3d 439, 443 (7th Cir. 1994). In making its
determination, the court does not make credibility determinations or
weigh evidence, but only determines "whether there is any material
dispute of fact that requires a trial." Waldridge v. American ...