Dalton v. Subaru-Isuzu Automotive, Inc.

• Decision Date: 26 March 1998
• Docket Number: 96-2938,96-3046,96-3163 and 96-3171,Nos. 96-2865,96-3107,96-3047,96-3006,96-2920,SUBARU-ISUZU,s. 96-2865
• Citation: 141 F.3d 667
• Parties: 7 A.D. Cases 1872, 12 NDLR P 93 James DALTON, et al., Plaintiffs-Appellants, v.AUTOMOTIVE, INC., Defendant-Appellee.
• Court: U.S. Court of Appeals — Seventh Circuit

Page 667

141 F.3d 667

7 A.D. Cases 1872, 12 NDLR P 93

James DALTON, et al., Plaintiffs-Appellants, v. SUBARU-ISUZU AUTOMOTIVE, INC., Defendant-Appellee.

Nos. 96-2865, 96-2920, 96-2938, 96-3006, 96-3046, 96-3047,

96-3107, 96-3163 and 96-3171.

United States Court of Appeals Seventh Circuit.

Argued April 16, 1997.

Decided March 26, 1998.

Barry A. Macey (argued), Nora L. Macey, Macey, Macey & Swanson, Indianapolis, IN, for Plaintiffs-Appellants.

David D. Robinson, Wayne O. Adams, III (argued), Steven F. Pockrass, Johnson, Smith, Pence, Densborn, Wright & Heath, Indianapolis, IN, for Defendant-Appellee.

Charles B. Baldwin, Kenneth B. Siepman, Locke, Reynolds, Boyd & Weisell, Indianapolis, IN, for Amici Curiae Association of International Automobile Manufacturers, American Automobile Manufacturers Association, Incorporated.

Before ROVNER, DIANE P. WOOD, and EVANS, Circuit Judges.

DIANE P. WOOD, Circuit Judge.

Certain individuals who worked on the production floor at the Subaru-Isuzu Automotive, Inc. (SIA), plant in Lafayette, Indiana, all suffered injuries on the job--most of the repetitive stress type--that left them permanently disabled to varying degrees. An original group of sixteen of these employees brought suit against SIA under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., both as individuals and as putative class representatives. The district court denied class certification, however, and severed the individual cases, assigning separate docket numbers for each one. Each of the original plaintiffs now before us in these consolidated appeals was unsuccessful before the district court, which granted summary judgment in SIA's favor on their claims that SIA had failed to meet all of its duties to accommodate their respective disabilities under the ADA. We conclude that the district court ruled correctly in seven out of the nine cases, but we find that material disputed issues of fact existed with respect to two individuals, for whom a remand is therefore necessary. The claims of the tenth appellant in the consolidated appeals, Leta Jasmantas, are sufficiently distinct that we treat them in a separate opinion issued today. Jasmantas v. Subaru-Isuzu Automotive, Inc., 139 F.3d 1155 (7th Cir. 1998).

I

At its Lafayette facility, SIA manufactures both cars and trucks with a workforce of approximately 2,200 employees, of whom about 1,300-1,400 were production employees. All production employees at the plant have the job classification "Production Associate." With the exception of the Tool and Die positions in the Stamping department, there are no production associate jobs which require special training or skills; employees can move freely from one position to another within the plant. SIA uses a team concept with different work stations; each team member is expected to be able to rotate through all the work stations of her section (even though in practice partial, rather than full, rotation is the norm).

Although the record contains a fair amount of evidence that relates to the way in which SIA treated disabled employees generally--probably because plaintiffs were trying to obtain class certification at one point--at this point that evidence is relevant only insofar as it may throw light on SIA's treatment of the specific individual cases still before us. For example, SIA's Manager of Safety and Environmental Affairs, Mark Siwiec, frequently expressed a negative attitude toward disabled employees, calling them "piece[s] of work," showing skepticism about their injuries, and volunteering the opinion that SIA should get rid of everyone with permanent restrictions. There was also some debate over the background of SIA's program for disabled employees, as described in a November 1993 written policy statement. Even before that time, SIA had a light-duty program that was open only to employees suffering from temporary disabilities. The jobs in the program were temporary, normally lasting no longer than 90 days, and they carried with them a reduced wage.

This background information provides some context for the individual plaintiffs' cases. At this stage, however, it is the experience of the plaintiffs that is most important. We summarize each person's case briefly, beginning with the two whose cases must be remanded, and then moving to the remaining seven for whom summary judgment was proper.

1. James Dalton (No. 96-2865)

Dalton began working for SIA as a production associate in the Trim and Final section of the plant in July 1990. In that position, he was expected to rotate through the eight different work stations assigned to his team. In practice, team members usually did move from one station to the next, but occasionally management would freeze the rotation schedule and assign each team member to his or her best station. Dalton's problems began in February 1991 when he suffered a neck and shoulder injury. He was able to continue working with a combination of some temporary movement restrictions and certain work station modifications. In March he strained his back, for which he received physical therapy. By April 5, 1991, the combination of his back and shoulder problems led SIA to conclude that he was not then physically capable of performing his duties in the Trim and Final section. It placed him temporarily in a modified position in the In Process Control (IPC) section.

Things went from bad to worse for Dalton, when by late April he had been diagnosed with disc herniation in his lower spine and bulging discs in his cervical spine. Back surgery in October 1991 alleviated some of those problems, but the back and neck pains continued. Through much of this time, he was on a worker's compensation leave of absence. In April 1992, SIA placed Dalton in a "work hardening" program, which it used to help employees with temporary disabilities get back in shape for work. His pains continued, which prompted the SIA medical clinic to impose permanent restrictions on all overhead work, on tasks requiring repetitive upward gazing, and on repetitive neck rotation. SIA placed him on short-term disability leave on July 14, 1992.

While he was on disability leave, Dalton contacted SIA on a regular basis to ask about returning to work. On each occasion, SIA Human Resource department employee Wally Brown informed him that there were no openings. Dalton also reported meeting with Employment and Staffing Manager Greg Smith. Dalton suggested to Smith that he could return to work with his former production team if SIA provided him with a step stool. Smith responded negatively, voicing the concern that a stool would present a safety hazard. Dalton then suggested that the stool could be fitted with a guard rail; Smith never responded to that proposal. Dalton ultimately filed charges of discrimination in violation of the ADA with the Equal Employment Opportunity Commission (EEOC) in July 1993. He was finally called back to work on October 26, 1993--a time frame that will become familiar as we review the remaining job histories. Importantly, the record indicates that Dalton and his co-workers were still disabled when they were recalled; SIA had simply found a way by that time to accommodate their needs.

2. Arnold Rainwater (No. 96-3171)

Rainwater started his career with SIA in June 1990 as a production associate in the Body section. His work with the Cab Main Truck Side team required him to weld various parts of the trucks on the assembly line. The repeated welding soon led to carpal tunnel syndrome in both hands, however, and in March 1991 Rainwater underwent surgery to correct the problem. After the surgery, he received permanent restrictions on excessive extension and flexion of his right wrist and on excessive exposure of his right hand to vibratory trauma. At that point, SIA placed him on short-term disability leave.

On September 17, 1991, Rainwater returned to a position with the Materials Handling section. Working as part of a team of seven, Rainwater was expected to unload delivery trucks and transport automobile parts to the assembly line. Early in 1992 he seriously injured his shoulder while removing a bucket of parts from an overhead rack. He visited the company doctor, who placed him on worker's compensation leave to recuperate from his injury. After a series of unsuccessful attempts to return to his Materials Handling position, Rainwater received permanent movement restrictions designed to help his shoulder on September 28, 1992 (e.g., no work above chest level with his right hand, no repetitive right shoulder movements). SIA then put him back on disability leave. Like Dalton, Rainwater told Wally Brown that he could return to his Materials Handling position if SIA gave him a step stool to assist in reaching parts stored on racks. SIA refused to follow up, reasoning that this activity would still violate his restrictions on repetitive motion. Rainwater disagreed, noting that he had previously lifted under the same repetitive motion restriction without incident. He also noted that he could have performed at least the three driving duties that were part of his former position. SIA returned Rainwater to work on October 26, 1993--the same day it restored Dalton to working status.

3. Jimmy Edwards (No. 96-2920)

Edwards began working for SIA in February 1990. After two years in the Trim and Final section, he developed both carpal (wrist) and cubital (elbow) tunnel syndrome. He had two rounds of surgery, one in April 1992 and the other in September 1992, to relieve some of the symptoms. Before Edwards underwent his second operation, the Trim and Final manager suggested that he look for a new line of work, because he could no longer do the work at SIA. Despite that pessimistic prediction, Edwards returned to work in November 1992 with temporary restrictions on the use of his right hand. The restrictions do not seem to have meant much, however, because Edwards wound up in the most physically...