Allen v. Georgia Power Co.

• Decision Date: 15 July 1997
• Docket Number: No. CIV.A. 1:96-CV-1440-FMH.,CIV.A. 1:96-CV-1440-FMH.
• Citation: 980 F.Supp. 470
• Parties: Robert E. ALLEN, Plaintiff, v. GEORGIA POWER COMPANY, Defendant.
• Court: U.S. District Court — Northern District of Georgia

980 F.Supp. 470

Robert E. ALLEN, Plaintiff, v. GEORGIA POWER COMPANY, Defendant.

No. CIV.A. 1:96-CV-1440-FMH.

United States District Court, N.D. Georgia, Atlanta Division.

July 15, 1997.

COPYRIGHT MATERIAL OMITTED

Michael James Hofrichter, Rogers & Hofrichter, Fayetteville, GA, Timothy J. Buckley, III, Finley & Buckley, Atlanta, GA, for Plaintiff.

Stephen William Riddell & Ashley Zeiler Hager, Troutman Sanders, Atlanta, GA, for Defendant.

ORDER

HULL, District Judge.

Plaintiff Robert E. Allen brings this employment discrimination action against Defendant Georgia Power Company under the Americans with Disabilities Act ("ADA"). This matter is before the Court on Defendant's Motion for Summary Judgment.

I. FACTS

Plaintiff began his employment with the Defendant Georgia Power Company in 1976 and, shortly thereafter, became an electrician with Defendant. Plaintiff has worked as an electrician in Defendant's Plant Bowen facility since 1989. In January 1993, Plaintiff injured his back when he and a co-worker attempted to lift cross-ties onto a truck. The following day, Plaintiff was examined by Dr. Darrell Dean, who released Plaintiff to return to work in a light duty capacity. Specifically, Plaintiff was precluded from stooping, bending, and lifting over 25 pounds.

Subsequently, Plaintiff experienced leg pain, in addition to the back pain, and was not able to perform numerous job tasks that all electricians at Plant Bowen were required to perform. Specifically, Plaintiff's physical limitations precluded Plaintiff from (1) climbing ladders, (2) bending, (3) lifting more than 25 pounds, (4) twisting his upper body, (5) squatting, or (6) standing, sitting, or walking for long periods of time. Plaintiff also was unable to work more than eight hours a day.

Because of his physical limitations, Plaintiff was unable to complete many of the work orders that were distributed generally to the electricians at Plant Bowen. Therefore, the foremen, who distributed the work orders, attempted to give Plaintiff only the work orders they thought he might be able to complete. Often, Plaintiff was not able to complete these tasks, complaining that his back or leg hurt. Consequently, Plaintiff's supervisors gave Plaintiff only the lightest, least physically demanding jobs they could find for him. While Defendant does not maintain any "light duty" positions, Plaintiff remained on this "light duty" status for more than two and one-half years. During this time, Plaintiff received the same pay and benefits as all electricians who were performing the more physically demanding tasks that Plaintiff could not perform.

After allowing Plaintiff to perform only limited types of work for two and one-half years, Defendant terminated Plaintiff's employment in June 1995.¹ The parties dispute why Plaintiff was terminated at this time. According to Defendant, Plaintiff's "light duty" status was only temporary. Defendant believed that Plaintiff's condition was improving and terminated Plaintiff only when it discovered that Plaintiff reached maximum medical improvement and still could not perform many of the tasks of the regular electricians.

According to Plaintiff, Defendant knew since at least May 1994, over a year before Defendant terminated Plaintiff, that Plaintiff's condition had reached maximum medical improvement. Plaintiff alleges that Defendant terminated him in June 1995 in an effort to "lop off ... dead weight." (Pl.'s Br. at 6.)

In any event, Plaintiff alleges that Defendant's terminating him was discrimination. First, Plaintiff seems to allege that at the time he was terminated, he was able to perform all essential functions of his position as an electrician at Plant Bowen. This allegation is based on Defendant's changing, in April 1995, the way work orders were distributed. Prior to April 1995, supervisors distributed work orders. Starting in April 1995, Defendant implemented a self-directed work force method whereby electricians would select assignments from a stack of work orders. Plaintiff contends that once Defendant implemented its self-directed work force method, the only essential function of an electrician was to "busy herself or himself with work assignments...." (Pl.'s Br. at 11.) Plaintiff alleges that he performed all essential functions of his position because he kept himself busy with work assignments.

Alternatively, Plaintiff alleges that Defendant's allowing him to continue to perform only limited kinds of assignments would have been a reasonable accommodation for his disability and Defendant's terminating him, thus, constituted failure to reasonably accommodate his disability. Plaintiff also alleges that Defendant failed to reasonably accommodate his disability in any other way.

Defendant challenges Plaintiff's characterization of what constituted the essential functions of an electrician at Plant Bowen. Defendant also contends that it attempted to determine what, if any, reasonable accommodation(s) could be made for Plaintiff's disability. Defendant contends that no such reasonable accommodations were available.

II. SUMMARY JUDGMENT STANDARD

Federal Rule of Civil Procedure 56(c) defines the standard for summary judgment as follows: courts should grant summary judgment when "there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). The general rule of summary judgment in the Eleventh Circuit states that the moving party must show the court that no genuine issue of material fact should be decided at trial. Haves v. City of Miami, 52 F.3d 918, 920 (11th Cir.1995); Clark v. Coats & Clark, Inc., 929 F.2d 604, 606-09 (11th Cir.1991). Unless the movant for summary judgment meets its burden under Federal Rule of Civil Procedure 56, the obligation of the opposing party does not arise even if no opposing evidentiary material is presented by the party opposing the motion. Clark, 929 F.2d at 607-08.

While all evidence and factual inferences are to be viewed in a light most favorable to the nonmoving party, Rollins v. TechSouth, Inc., 833 F.2d 1525, 1529 (11th Cir.1987); Everett v. Napper, 833 F.2d 1507, 1510 (11th Cir.1987), "the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact." Anderson v. Liberty Lobby, 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). An issue is not genuine if it is unsupported by evidence, or if it is created by evidence that is "merely colorable" or is "not significantly probative." Id., at 250, 106 S.Ct. at 2511; see also Haves, 52 F.3d at 920 ("[A] genuine issue of material fact does not exist unless there is sufficient evidence favoring the non-moving party for a reasonable jury to return a verdict in its favor."). A mere scintilla of evidence is insufficient to create a jury question; rather, there must be conflict in substantial evidence to create question for jury. Anderson; 477 U.S. at 252, 106 S.Ct. at 2512; Gordon v. E.L. Hamm & Associates, Inc., 100 F.3d 907, 910 (11th Cir.1996). Similarly, a fact is not material unless it is identified by the controlling substantive law as an essential element of the nonmoving party's case. Id., at 248, 106 S.Ct. at 2510.

Where neither party can prove either the affirmative or the negative of an essential element of a claim, the movant meets its burden on summary judgment by showing that the opposing party will not be able to meet its burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2553-54, 91 L.Ed.2d 265 (1986). In Celotex, the Supreme Court interpreted Federal Rule of Civil Procedure 56(c) to require the moving party to demonstrate that the nonmoving party lacks evidence to support an essential element of its claim. Thus, the movant's burden is "discharged by `showing' — that is, pointing out to the district court — that there is an absence of evidence to support the nonmoving party's case." Id.

III. DISCUSSION

A. Elements For An ADA Cause Of Action

The Americans with Disabilities Act of 1990 ("ADA"), as amended by the Civil Rights Amendments Act of 1991, 42 U.S.C. § 12101 et seq., prohibits an employer from discrimination based upon the known physical or mental impairments of a qualified individual with a disability. 42 U.S.C. § 12112; Harris v. H & W Contracting, 102 F.3d 516, 519 (11th Cir.1996). In order to state a claim under the ADA, Plaintiff first must show that he is a "qualified individual with a disability" within the meaning of the ADA. 42 U.S.C. § 12112; Harris, 102 F.3d at 519; Pritchard v. Southern Co. Servs., 92 F.3d 1130, 1132 (11th Cir.1996), modified on reh'g, 102 F.3d 1118 (11th Cir.1996).

The ADA defines "qualified individual with a disability" as an "individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires." 42 U.S.C. § 12111(8); Holbrook v. City of Alpharetta, 112 F.3d 1522, 1526 (11th Cir.1997); see also School Bd. of Nassau County v. Arline, 480 U.S. 273, 287 n. 17, 107 S.Ct. 1123, 1130-31 n. 17, 94 L.Ed.2d 307 (1987) (referencing identical provision of the Rehabilitation Act of 1973).² Thus, to be a "qualified individual with a disability," Plaintiff must show (1) that he has a disability, and (2) that he can perform the essential functions of his position despite his disability, or, can perform the essential functions of his job with a reasonable accommodation for his disability. See Holbrook, 112 F.3d at 1526 ("[T]o establish a prima facie case of discrimination in violation of the ADA, the plaintiff must prove that (1) he has a disability, (2) he is a qualified individual, and (3) he was subject to unlawful discrimination because of his disability.") (emphasis supplied); Morisky v. Broward County, 80...