Snow v. Ridgeview Medical Center
| Decision Date | 16 October 1997 |
| Docket Number | No. 96-2224,96-2224 |
| Citation | 128 F.3d 1201,1997 WL 634571 |
| Parties | 75 Fair Empl.Prac.Cas. (BNA) 185, 8 A.D. Cases 343, 11 NDLR P 47 Karen SNOW, Appellant, v. RIDGEVIEW MEDICAL CENTER, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Thomas E. Marshall, Minneapolis, MN, argued, for appellant.
Marcy R. Frost, Bloomington, MN, argued (Donna L. Roback, on the brief), for appellee.
Before McMILLIAN and MAGILL, Circuit Judges, and WEBBER, * District Judge.
Karen Snow ("appellant" or "Snow") appeals from a final order entered in the United States District Court 1 for the District of Minnesota granting summary judgment in favor of Ridgeview Medical Center ("appellee" or "RMC") on her Americans with Disabilities Act ("ADA"), Age Discrimination in Employment Act ("ADEA"), and state law claims. Snow v. Ridgeview Med. Ctr., No. 4-94-13 (D.Minn. Mar. 29, 1996) (memorandum opinion). For reversal, appellant argues that the district court erred in holding that appellant (1) was not disabled within the meaning of the ADA and the Minnesota Human Rights Act ("MHRA"); (2) was not discriminated against based upon her age; and (3) did not establish a triable dispute in respect of her state law claims for breach of contract, promissory estoppel, and breach of an implied covenant of good faith and fair dealing. For the reasons discussed below, we affirm the order of the district court.
Jurisdiction was proper in the district court based upon 28 U.S.C. §§ 1331 and 1367. Jurisdiction on appeal is proper based upon 28 U.S.C. § 1291. The notice of appeal was timely filed under Rule 4(a) of the Federal Rules of Appellate Procedure.
The following recitation of undisputed facts is based upon the findings of the district court. Snow was employed by RMC from 1964 until she was terminated in 1992. Snow was hired as a laboratory and radiological technician. In this capacity, she performed laboratory tests, electrocardiograms, and x-rays.
In 1971, Snow underwent cervical fusion and took a six-week leave of absence because of an injury that she sustained in a non-work-related accident in 1969. She returned to work with a recommendation from her physician that she not lift without assistance. Her physician eliminated this lift restriction approximately six months to a year after her surgery.
Around 1972 or 1973, appellant was promoted to Chief Radiology Technician. Her duties in this new position included performing administrative tasks as well as the diagnostic services that she performed before her promotion. Snow held this position until April 1988, at which time she informed appellee that she was experiencing difficulty lifting as a result of the 1969 accident. Snow then consulted a physician who recommended that Snow refrain from lifting more than twenty-five (25) pounds, lifting patients, and pushing heavy equipment. In consideration of these restrictions, appellee created the position of "radiology services coordinator," to which appellant was assigned. This new position conformed with Snow's medical restrictions and involved the performance of administrative duties, as well as staff technician duties "as required." In 1989, Snow's physician recommended that Snow observe the same work restrictions that were in place in 1988. That same year, Snow began performing mammographies which took approximately one-and-a-half to two-and-a-half hours per day and suited her physical limitations.
In 1991, RMC began steps to become accredited by the American College of Radiology ("ACR"). In order for RMC to receive accreditation, all of its technologists performing mammographies had to be certified by the American Registry of Radiologic Technologists ("ARRT"). RMC informed Snow that she must become certified in order to continue performing mammographies at RMC. Snow investigated the requirements for certification but did not obtain certification prior to her termination, at least eight months later.
In 1992, RMC applied for and received accreditation, after which time appellant was no longer qualified to perform mammographies. RMC sought alternative ways to employ Snow full-time within her work restrictions and in accordance with its accreditation requirements. RMC contacted appellant's physician to determine appellant's then-current work restrictions. Her physician recommended the same lifting restriction as that recommended in 1988 and 1989. Based on this information and in light of Snow's lack of certification, RMC determined that there was not a sufficient amount of work that Snow could perform to maintain her status as a full-time coordinator. RMC thus offered Snow an administrative position within the radiology department at one-tenth full-time status. Later, RMC determined that Snow could not be utilized and terminated her.
RMC's employee handbook provides that employees may be terminated for "just cause." It further states that RMC deals with its employees "fairly and in good faith." At the time appellant was fired, she was forty-nine years old and had worked for appellee for approximately twenty-nine years.
Appellant brought the underlying suit in federal district court alleging federal statutory claims under the ADA and the ADEA, state statutory disability and age discrimination claims under the MHRA, and state common law claims for breach of contract, promissory estoppel, and breach of an implied covenant of good faith and fair dealing. RMC moved for summary judgment on each of these claims. The district court entered judgment granting RMC's motion from which Snow now appeals.
II. Discussion
We review a district court's grant of summary judgment de novo, applying the same standard as the district court and examining the record in the light most favorable to the nonmovant. Lang v. Star Herald, 107 F.3d 1308, 1311 (8th Cir.1997) (citing Barge v. Anheuser-Busch, Inc., 87 F.3d 256, 258 (8th Cir.1996)), cert. denied, --- U.S. ----, 118 S.Ct. 114, 139 L.Ed.2d 66 (1997)). Summary judgment is appropriate if the evidence demonstrates "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); see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538. Because discrimination cases often turn on inferences rather than on direct evidence, we are particularly deferential to the nonmovant. Crawford v. Runyon, 37 F.3d 1338, 1341 (8th Cir.1994) (Crawford ). Indeed, we have stated that "summary judgment should seldom be used in employment-discrimination cases." Id. Notwithstanding these considerations, summary judgment is proper when a plaintiff fails to establish a factual dispute on an essential element of her case. See Bialas v. Greyhound Lines, Inc., 59 F.3d 759, 762 (8th Cir.1995) (Bialas ).
Snow challenges the district court's determination that she failed to establish a prima facie case with respect to her ADA and MHRA claims for disability discrimination. Specifically, Snow argues that the district court erred in finding that she had not established that she was disabled within the meaning of the statutes. Second, Snow maintains that she is a "qualified individual" for whom RMC failed to provide reasonable accommodation.
The ADA proscribes discrimination by an employer "against a qualified individual with a disability because of the disability of such individual." 42 U.S.C. § 12112(a). Similarly, the MHRA creates a civil cause of action against employers who discharge an employee based on that individual's disability. Minn.Stat. § 363.03 subd. 1(2)(b). The basic burden-shifting framework set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973) (McDonnell Douglas ), applies to claims brought under either statute. See, e.g., Helfter v. United Parcel Serv., Inc., 115 F.3d 613, 616 (8th Cir.1997) (Helfter ) (); Crawford, 37 F.3d at 1341 (); Sigurdson v. Carl Bolander & Sons, Co., 532 N.W.2d 225, 227 (Minn.1995) (); Lindgren v. Harmon Glass Co., 489 N.W.2d 804, 808 (Minn.Ct.App.1992) (). Under this framework, a plaintiff must establish a prima facie case by showing that she (1) was "disabled" within the meaning of the statute; (2) was qualified to perform the essential functions of the job, with or without reasonable accommodation; and (3) suffered an adverse employment action under circumstances giving rise to an inference of unlawful discrimination. Webb v. Garelick Mfg. Co., 94 F.3d 484 (8th Cir.1996); Price v. S-B Power Tool, 75 F.3d 362, 365 (8th Cir.), cert. denied, --- U.S. ----, 117 S.Ct. 274, 136 L.Ed.2d 197 (1996). Once the plaintiff has established her prima facie case, the burden of production shifts to the employer to articulate a legitimate, nondiscriminatory reason for its actions. McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. at 1824. If the employer successfully makes this showing, the burden of production shifts back to the plaintiff to demonstrate that the employer's proffered reason is a pretext for unlawful discrimination. St. Mary's Honor Ctr. v. Hicks, 509 U.S. 502, 507-08, 113 S.Ct. 2742, 2747-48, 125 L.Ed.2d 407 (1993) (Hicks ). The ultimate burden of proving unlawful discrimination always rests with the plaintiff. Id. at 507, 113 S.Ct. at 2747 (citing Texas Dept. of Community...
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