United States District Court, E.D. Michigan, Southern Division
MEMORANDUM AND ORDER GRANTING DEFENDANTS' MOTION
FOR SUMMARY JUDGMENT (DOC. 23) AND DENYING PLAINTIFF'S
MOTION FOR LEAVE TO AMEND (DOC. 29) 
COHN UNITED STATES DISTRICT JUDGE
an employment case. Plaintiff Evangelene Monroe (Monroe),
proceeding pro se, is suing defendants Consumers
Energy and Rebecca Kosnik claiming she was discriminated against
in violation of the Americans with Disabilities Act (ADA), 42
U.S.C. §§ 12101-12213 stemming from a decision to
have her undergo an independent medical examination (IME)
following instances of aberrant behavior and work performance
issues. Monroe claims that Consumers Energy improperly
“regarded” her as disabled in requiring the IME.
the Court is Consumers Energy's motion for summary
judgment. For the reasons that follow, the motion is
GRANTED. This case is DISMISSED.
material facts as gleaned from the record follow.
began working at Consumers Energy in May of 2000. At the time
of the relevant actions, she was in the Gas Planning
Department. Monroe's job involved the scheduling of gas
related jobs. Beginning in 2010 and continuing through early
2016, Camille Powers (Powers) was Monroe's supervisor in
the Gas Planning Department.
2013, Powers gave Monroe a high profile assignment. Monroe
struggled with the assignment despite having assistance from
Powers. Eventually, Powers gave the assignment to another
employee. Monroe was upset when Powers reassigned the
in 2013, Powers began to notice work issues involving Monroe.
Specifically Powers observed that Monroe was losing work
focus and concentration which affected her work performance.
Powers also observed that Monroe had became increasingly
secretive towards her. Powers also noticed that Monroe was
not interacting with her co-workers during staff meetings as
she had in the past. Powers also noted that Monroe's work
performance was significantly suffering but Powers did not
November 27, 2013, Monroe filed a Code of Conduct complaint
(complaint) with Consumers Energy's Compliance
Department. In the complaint, Monroe stated that she was
being tracked and surveilled by her co-workers. A sample of
Monroe's allegations in the complaint follow:
• March 2013 - She believes employees began intercepting
her personal text messages from her personal phone.
• April/May 2013 - She thinks listening devices were
placed in her office to get information to use against her.
• June 2013 - She believes listening devices were placed
at her desk by a co-worker and her conversations were
overhead by Company employees. While at the Somerset Mall,
she thought she saw her supervisor driving in the Mall
parking lot looking for her.
• July 2013 - She thought she was being recorded in her
• September 2013 - She believed she was being recorded
via her personal phone and was being surveilled via cameras
at work and at home.
• October 2013 - She thought her co-workers were taping
her calls at work. She goes to the Apple Store and is told
that this was not possible.
• November 11, 2013 - She thought two co-workers were
recording her and that a listening device was installed in
the office next to hers.
• November 13, 2013 - She goes to her home cable
provider (Comcast) to determine if a sensor (surveillance
device) was on her home cable service. Comcast tells her this
has not occurred. She files a Police complaint against two of
• November 15, 2013 - She believes a GPS tracking device
is installed on her car by her co-workers and her
conversations were being listened to via the key FOB for her
See Consumer's Energy Exhibit 2, Code of Conduct
result of the allegations in the complaint, Kathleen Delaney
(Delaney), a Director in the Human Resources Department,
conducted an investigation in early January of 2014. Delaney
did not find any merit to any of Monroe's allegations
against her co-workers regarding surveillance, recording and
intercepting of calls and texts. As part of her
investigation, Delaney also talked with Powers. Powers
informed Delaney that Monroe had been losing work focus and
concentration which negatively affected her work performance.
Powers also told Delaney that Monroe was no longer
interacting with her co-workers during staff meetings.
Delaney then met with Monroe in late January 2014. During the
meeting, Monroe insisted that her co-workers were tracking
her as noted in her complaint.
the nature of the allegations, the results of the
investigation, and Monroe's performance issues, Delaney
arranged to have Monroe scheduled for an IME to determine if
she was able to perform the essential functions of her job.
days after the meeting between Delaney and Monroe, Powers
found Monroe at her desk crying. Powers contacted Delaney who
told Powers to place Monroe on paid sick leave. When Powers
went back to tell Monroe, Monroe had left work. Powers ended
up sending Monroe a letter telling her that she was on paid
sick leave. Powers was later informed that earlier the same
week Monroe had been found crying in a conference room.
February of 2014, Monroe had an Independent
Neuropsychological Evaluation conducted by Dr. Jean-Claude
Dutes, PhD, of MSU Rehabilitation. In his report issued in
March of 2014, Dr. Dutes found that Monroe was having
concentration issues and work efficiency issues. Dr. Dutes
reported: “[t]here were indications of a high degree of
interpersonal sensitivity, tendency toward paranoid thinking
and difficulty in interpersonal relationships. This examinee
is likely to appear guarded and suspicious of
others...” Dr. Dutes recommended that, prior to
returning to work, Monroe should complete 12 sessions of
psychological counseling and then have a re-evaluation by her
therapist. Following are excerpts from the report and
REASON FOR EVALUATION
Mr. Steven Bush of Consumers' Energy referred the
examinee, a 43-year-old African American woman, for this
Independent Neuropsychological Evaluation due to reports of
declining work performance and ...