Kunferman v. Ford Motor Co.
| Decision Date | 04 June 1997 |
| Docket Number | No. 96-2392,96-2392 |
| Citation | 112 F.3d 962 |
| Parties | 134 Lab.Cas. P 58,268, 12 IER Cases 1751, 1997 O.S.H.D. (CCH) P 31,336 Rhonda S. KUNFERMAN, Appellant, v. FORD MOTOR COMPANY, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Michael Albert Pinotti, argued, Little Canada, MN, for appellant.
Kurt David Williams, argued, Kansas City, MO (David L. Heinemann and Jocelyn A. Villanueva, on the brief), for appellee.
Before BEAM, HEANEY and LOKEN, Circuit Judges.
Rhonda Kunferman sued Ford Motor Company for retaliatory discharge, alleging violations of Minnesota law. The district court 1 granted Ford's motion for summary judgment. We affirm.
In early 1991, Kunferman, a Ford employee, began experiencing numbness and tingling in her arms and hands. Ford's plant physician could find no objective signs of a repetitive stress injury, but he restricted Kunferman's work assignments pending further diagnosis. Kunferman consulted a general practitioner who ordered electromyography (EMG) testing, 2 which revealed no abnormalities. Kunferman next saw a specialist, who similarly found "no objective evidence" of carpal tunnel syndrome or repetitive stress injury. Kunferman then consulted Dr. John Floberg, who conducted additional tests. The additional EMGs were also normal. Floberg, nevertheless, concluded that Kunferman was suffering from some repetitive stress injury, and restricted her to light work.
To comply with her restrictions, Kunferman was placed in the radiator fill position at the Ford plant. However, she complained that the fumes from an adjacent work area presented a health hazard. In response, Ford began a series of air quality tests at that work area. Meanwhile, Kunferman was shifted to several other positions within Ford's plant. Each exacerbated her symptoms.
In October, Ford retained a new plant physician, Dr. Leon Nesvacil. He examined Kunferman and her records several times and concluded that the medical evidence did not support the work restrictions prescribed by Dr. Floberg. Because a union agreement provided for resolution of differences between an employee's personal physician and the plant physician by an independent doctor, Kunferman was referred to an outside specialist. In the meantime, Kunferman returned to the radiator fill position.
On September 23, 1991, Kunferman's husband, also a Ford employee, filed a complaint about the fumes at the radiator fill position with the Occupational Safety and Health Division of the Minnesota Department of Labor and Industry (MOSHA). MOSHA conducted an occupational safety and health inspection of the plant from October 3, 1991 through January 17, 1992.
On October 24, 1991, the independent specialist examined Kunferman and reviewed her medical records. His written report concluded that there was no objective clinical evidence to support Kunferman's complaints. Dr. Nesvacil then decided to remove Kunferman's work restrictions. MOSHA inspected the radiator fill station on November 21 and 22, 1991. On November 26, 1991, Kunferman reported to work at the radiator fill station. A supervisor informed her that her medical restrictions had been removed, which Dr. Nesvacil confirmed.
After her restrictions were removed, Kunferman's performance deteriorated. Ford repeatedly found her work inadequate and took her through seven steps of progressive discipline, each of which Kunferman grieved. Ford finally terminated Kunferman's employment for "poor and careless workmanship." Kunferman filed a workers' compensation action in Minnesota state court, and was awarded benefits.
Kunferman then sued Ford in state court alleging gender discrimination in violation of the Minnesota Human Rights Act and retaliatory discharge in violation of sections 181.932 ("whistle blowing") and 176.82 (filing workers' compensation claims) of the Minnesota Statutes. Ford removed the action to federal district court, based on diversity of citizenship, 28 U.S.C. § 1446(b). The district court granted Ford's motion for summary judgment. Kunferman appeals.
We review a grant of summary judgment de novo, applying the same standards as the district court. Enos v. Key Pharmaceuticals, Inc., 106 F.3d 838, 839 (8th Cir.1997). We consider the facts in the light most favorable to Kunferman, the party opposing summary judgement. Midwest Printing, Inc. v. AM Int'l, Inc., 108 F.3d 168, 169-70 (8th Cir.1997). Minnesota law controls this diversity case, and we review the district court's interpretation of that law de novo. Salve Regina College v. Russell, 499 U.S. 225, 231, 111 S.Ct. 1217, 1220-21, 113 L.Ed.2d 190 (1991).
To survive a motion for summary judgment, a plaintiff claiming unlawful retaliation under Minnesota law must produce evidence sufficient to create a genuine issue of material fact as to whether her protected activity caused the retaliation. Dietrich v. Canadian Pac. Ltd., 536 N.W.2d 319, 327 (Minn.1995). Minnesota employs the three-part McDonnell Douglas analysis to retaliation claims. Hubbard v. United Press Int'l, Inc., 330 N.W.2d 428, 444 (Minn.1983) (citing McDonnell Douglas v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973)).
A prima facie case of retaliatory discharge under Minnesota law consists of: (1) statutorily-protected conduct by the employee; (2) adverse employment action by the employer; and (3) a causal connection between the two. Dietrich, 536 N.W.2d at 327. In Kunferman's case, the first two elements are clearly met. Ford concedes that Kunferman engaged in protected activity. Similarly, it is uncontroverted that Kunferman suffered an adverse employment action. The removal of the medical restrictions is the action at issue, since Kunferman argues she was discharged only because she was assigned to jobs she was physically unable to perform.
Kunferman has failed, however, to establish the causation element. Timing alone cannot establish retaliatory intent. Hubbard, 330 N.W.2d at 445-46. An employee must establish the employer's knowledge of protected activity. Bohm v. L.B. Hartz Wholesale Corp., 370 N.W.2d 901, 908 (Minn.Ct.App.1985) (). Thus, in order to overcome a motion for summary judgment, Kunferman must show that the person who lifted her medical restrictions knew of her protected activities.
Kunferman claims that an internal Ford memorandum establishes that Dr. Nesvacil knew about the MOSHA complaint when he removed the restrictions. The document, dated October 15, 1991,...
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