United States District Court, E.D. Wisconsin
HENRIETTA E. ARNOLD SIMPSON, Plaintiff,
MEGAN BRENNAN, Postmaster General, Defendant.
DECISION AND ORDER
WILLIAM E. DUFFIN U.S. Magistrate Judge.
Henrietta Arnold Simpson worked for the United States Postal
Service (USPS). She filed this pro se complaint against her
employer through Postmaster General Megan Brennan. (ECF No.
1.) She asserts a disability discrimination claim, presumably
under the Rehabilitation Act of 1973, 29 U.S.C. § 701
et seq., see Sansone v. Donahoe, 98
F.Supp.3d 946, 952 (N.D. Ill. 2015), and a Family and Medical
Leave Act (FMLA) claim. (ECF No. 1.)
defendant filed a motion to dismiss the disability
discrimination claim for failure to state a claim, but
acknowledges that the motion should be construed as a motion
for summary judgment “[b]ecause that portion of the
… motion presents matters outside the
pleadings.…” (ECF No. 8 at 1.) The defendant has
also filed a motion to dismiss the FMLA claim for failure to
state a claim or, in the alternative, for a more definite
defendant submitted proposed findings of fact in support of
its motion to dismiss the disability discrimination claim.
(ECF No. 9.) In the process, the defendant complied with Civ.
L. R. 56(a)(1)(A) and 56(a)(1)(B). (ECF No. 7.) Simpson's
response (ECF No. 11) to the defendant's motion did not
include a response to the defendant's proposed findings
of fact (ECF No. 9). Accordingly, the court deems the
defendant's proposed findings of fact admitted by
Simpson. See Civ. L. R. 56(b)(4) (“The Court
will deem uncontroverted statements of material fact admitted
solely for the purpose of deciding summary judgment.”).
And, for purposes of the motion to dismiss the FMLA claim,
the court accepts as true the allegations contained in the
complaint. Gruber v. Creditors' Prot. Serv.
Inc., 742 F.3d 271, 274 (7th Cir. 2014) (citing
Zemeckis v. Global Credit & Collection Corp.,
679 F.3d 632, 634 (7th Cir. 2012)).
December 21, 2017,  Simpson was working at the customer
service window at the post office when she was robbed at
gunpoint. (ECF No. 1 at 2.) She was subsequently diagnosed
with “Acute Stress Disorder.” (ECF No. 9, ¶
2.) She saw a psychiatrist and was given medical
restrictions, including not working at the counter alone.
(ECF No. 1-1 at 11.)
Case Number 4J-530-0113-18
12, 2018, Simpson completed an “Information for
Pre-Complaint Counseling” form. (ECF No. 9, ¶ 1.)
On this form Simpson alleged that USPS discriminated against
her on several occasions on the basis of her disability.
(Id.) Simpson alleged that USPS did not follow her
medical restriction of not working at the customer service
window alone and never installed bulletproof glass at the
window. (Id., ¶ 3.) She also alleged that,
because of her medical restriction, she was harassed and
humiliated at work. (Id., ¶ 4.) Her complaint
was assigned No. 4J-530-0113-18. (Id., ¶ 1.)
effort to resolve this dispute, on September 21, 2018,
Simpson, her representative, and USPS entered into a
mediation agreement. (ECF No. 9, ¶ 6). “The
mediation agreement stated the parties understood that
settlement during the mediation was entirely voluntary and
that they would not be bound by mediation unless there was a
written settlement agreement.” (Id., ¶
parties did enter into a written settlement agreement and
addendum on that same day. (ECF No. 9, ¶ 8.) The
settlement agreement stated that it “constitute[d] a
full and final settlement of all issues arising out of the
subject matter of the following EEO complaint number(s) and
by signing this agreement the counselee withdraws any pending
EEO complaints and appeals relative to the subject matter of
these complaints.” (Id., ¶ 10 (quoting
id. at 19, 24).) Furthermore, the settlement
agreement stated that it was final and binding.
(Id., ¶ 9.) The terms of the agreement were
included in an addendum, which was part of the agreement.
(Id.) The addendum noted that it was for No.
4J-530-0113-18 (id., ¶ 11) and stated in
In exchange for the consideration and mutual promises set
forth below, The United States Postal Service
(“USPS” or the “Agency”) and the
Counselee Henrietta Arnold-Simpson (“Counselee”),
jointly referred to as “the Parties, ” do hereby
enter into this Settlement Agreement (“the
Agreement”). By doing so, it is the intent of the
Parties to resolve, completely and finally, any existing and
potential claims by Counselee arising out of the
Counselee's employment with the Agency prior to the date
of this Agreement.
1. Management agrees to issue a lump sum payment in the
amount of Five Hundred Dollars and No. Cents ($500.00) ...