Burchett v. Target Corp., 02-3902.

• Citation: 340 F.3d 510
• Decision Date: 13 August 2003
• Docket Number: No. 02-3902.,02-3902.
• Parties: Lynn BURCHETT, Plaintiff-Appellant, v. TARGET CORPORATION, a Minnesota Corporation, Defendant-Appellee.
• Court: United States Courts of Appeals. United States Court of Appeals (8th Circuit)

340 F.3d 510

Lynn BURCHETT, Plaintiff-Appellant, v. TARGET CORPORATION, a Minnesota Corporation, Defendant-Appellee.

No. 02-3902.

United States Court of Appeals, Eighth Circuit.

Submitted: June 13, 2003.

Filed: August 13, 2003.

Order Denying Petition for Rehearing and for Rehearing En Banc September 26, 2003.

Rehearing and Rehearing En Banc Denied: September 26, 2003^*.

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Pamela M. Miller, argued, Minneapolis, MN (William J. Mavity, on the brief), for appellant.

Joseph G. Schmitt, argued, Minneapolis, MN (Donald M. Lewis, on the brief), for appellee.

Before BOWMAN, MURPHY, and BYE, Circuit Judges.

MURPHY, Circuit Judge.

Lynn Burchett brought this suit against her employer, Target Corporation (Target), alleging disability discrimination in violation of the Americans with Disabilities Act of 1990 (the ADA), 42 U.S.C. § 12101 et seq., and the Minnesota Human Rights Act (MHRA), Minn.Stat. §§ 363.01-363.15. The district court¹ granted summary judgment in favor of Target. Burchett appeals, arguing that there were genuine issues of material fact to preclude summary judgment. We affirm.

I.

Burchett is presently on long term disability leave from Target. She worked for Dayton's, the Target company department store, from 1973 until she was laid off in November 1995. In December 1996 she began working at Target in its distribution department, which is responsible for getting consumer products to its retail stores around the United States. Distribution employees communicate with the trucking and transportation carriers used by Target to ensure that merchandise is delivered. Burchett was given responsibility for maintaining electronic transfer documents, working with current carriers, and bringing new carriers into the system. She reported to Kari Melhus, who was a supervisor of Transportation Services. Melhus in turn reported to Jody Marvin, a senior manager of Transportation Finance and Systems. Burchett started out in a nonexempt or nonexecutive position, but eventually became a transportation analyst, an executive position.

At first Burchett had a very positive relationship with Melhus and Marvin. Her performance was rated as excellent on her reviews, and she received two special awards for good service. Burchett states that she began having problems at work when stress and personal issues exacerbated a recurrent depression she had experienced for some years. She says that in 1999 and early 2000 her depression caused her performance at work to suffer. She did not notify Target that she suffered from depression, however, or that it was affecting her work.

Melhus perceived that Burchett's performance was declining. According to her, Burchett was late in finishing tasks, failed to complete reports accurately, and did not follow through on her assignments. Burchett talked to Melhus in February 2000 about transferring to a less stressful position, and she began applying for other lower level, nonexecutive positions without mentioning that she was suffering from depression or that she wanted to transfer because of it. Burchett submitted several applications to Melhus for her endorsement, and Melhus recommended her for transfer and passed on her applications to the relevant departments.

On March 31, 2000, Burchett received a formal performance review from Melhus in which she received a lower score than ever before. Melhus identified a number of problems with Burchett's work and gave specific recommendations as to how she might improve. Marvin also had become concerned about Burchett's declining performance and talked with her about it. In the first week of April 2000, Marvin told Burchett that she seemed bored with her job and might need to move to a new position at Target. Burchett responded that she was having trouble doing her job because she was ill. This was the first time Burchett had mentioned an illness to either Marvin or Melhus. The week after the review was conducted, Burchett informed Target that she would need to go on a leave of absence because her depression had worsened. She also withdrew all her applications for transfers to new positions.

While Burchett was on leave, she communicated with Melhus by e-mail and kept her informed about her medication and therapy. At first Burchett told Target that she would be able to return to work on April 24, 2000. As that day approached Target asked if she would be able to return as scheduled, and Burchett responded that she would need to stay out until May 1, 2000. Target again contacted Burchett before May 1, and she responded that her return would need to be postponed until June 5, 2000. This pattern recurred again around June 5, when Burchett informed Target that she could not return until June 14.

Burchett returned to work on June 14 and began a part time schedule which complied with her doctor's orders. She began working a six hour shift three days a week. Melhus reviewed Burchett's tasks before her return and adjusted her responsibilities to fit these time restrictions. Melhus reassigned those tasks which required daily communication with carriers to another employee within the department, and Burchett was given work that did not require such daily contacts but focused more on long term goals of the department. Burchett complained she did not have proper training for her new responsibilities. It appeared to Melhus that Burchett's performance problems had increased, that she was failing to follow instructions regarding her new work assignments, and that she continued to work on reassigned matters which required daily contact with carriers. Melhus told Burchett that her failure to follow instructions was creating problems, for she was not completing the tasks assigned to her and carriers were receiving conflicting information. One carrier had threatened not to ship for Target until the conflict was resolved.

Melhus also complained that Burchett had ignored other instructions she had been given. Burchett had scheduled an offsite training session even though she had been told to organize an onsite lunch presentation. While two employees assigned to work with the distribution centers were engaged in recommending ways to make the delivery paperwork process more efficient, Burchett wrote conflicting instructions to one of the distribution centers. In addition, she sent an e-mail to a distribution center instituting a deadline for carriers without discussing it with anyone else in the department. Burchett also became upset when Melhus instructed her to make up time she missed by scheduling doctor appointments during her work hours. Melhus met with Burchett on a regular basis during this period to discuss performance issues and how she could improve.

From June through August 2000, Burchett continued to apply for other nonexecutive positions at Target. She took the applications to Melhus who supported them by forwarding them with her endorsement. Burchett also went to see Marvin to ask for a transfer, but Marvin told her it might be hard to move while working only part time. Marvin then wrote to Melhus suggesting they discuss other job options for Burchett because she seemed unhappy with her job. On August 7, Burchett sent an e-mail to Melhus informing her that she could start working three quarter time starting the next week and that her doctor thought she could be back to full time by the end of September.

Melhus believed Burchett's performance problems were not improving as she neared her mid year review. Melhus asked her to prepare a prereview statement, and Burchett submitted a document discussing her leave and hour restrictions instead of the standard review statement expected by Target. Melhus told her that more information was required and that Burchett should include a statement about her accomplishments, challenges, and opportunity areas. Melhus also decided that Burchett was not responding to the weekly performance counseling she had undertaken and that she needed more formal counseling. On August 8, Melhus delivered a verbal reprimand to Burchett at a meeting she scheduled with her. At the meeting Melhus discussed with Burchett specific performance deficiencies and provided examples. The reprimand focused especially on Burchett's need to prioritize her tasks, to work only on assigned tasks, and to check with a supervisor before implementing any decision. Melhus told Burchett that she needed to improve or she would be subject to further discipline.

After communicating the reprimand, Melhus became concerned that she could no longer recommend Burchett for transfers within the company. She discussed her concern with Bryan Baker who had human resource responsibilities for the distribution department. He told Melhus that Target did not transfer an employee from one manager to another if the employee was experiencing significant performance problems. After talking to Baker in early September, Melhus informed Burchett that she could not forward her applications to other departments until she improved her performance in her current position. Burchett then called Baker to request a transfer to the imports department. She told him that she had a disability and could not perform at her prior level in her current job. She also told him that Melhus was hostile toward her. Baker responded that while she had previously performed well, her current performance was not satisfactory and she could not be recommended for other positions within Target until the situation improved. He also told her that she should look outside of Target if she thought she needed a different job.

On September 12, 2000, Burchett requested that Melhus forward her application for transfer to the imports department. Melhus responded that she could not endorse an application for transfer unless Burchett improved her performance. Burchett became very upset, gathered her belongings, and immediately left the workplace. Two days later Burchett sent an e-mail to all...