Anderson v. Greater Dayton Reg'l Transit Auth.

• Decision Date: 20 September 2022
• Docket Number: 3:20-cv-520
• Parties: SHAWN ANDERSON, Plaintiff, v. GREATER DAYTON REGIONAL TRANSIT AUTHORITY, Defendant.
• Court: U.S. District Court — Southern District of Ohio

SHAWN ANDERSON, Plaintiff,
v.
GREATER DAYTON REGIONAL TRANSIT AUTHORITY, Defendant.

No. 3:20-cv-520

United States District Court, S.D. Ohio, Western Division, Dayton

September 20, 2022

ORDER: (1) DENYING DEFENDANT'S SUMMARY JUDGMENT MOTION (DOC. NO. 27) AS TO COUNTS 1, 2, AND 3; (2) GRANTING DEFENDANT'S SUMMARY JUDGMENT MOTION AS TO COUNTS 4 AND 5; AND (3) SETTING A TELEPHONE STATUS CONFERENCE WITH COUNSEL ON OCTOBER 3, 2022 AT 3:00 P.M.

Hon. Michael J. Newman United States District Judge.

This is an employment discrimination case. Plaintiff Shawn Anderson sued his former employer, Defendant Greater Dayton Regional Transit Authority (“RTA”), after it fired him from his transportation supervisor position. His five-count complaint alleges: (1) FMLA interference, 29 U.S.C. § 2615(a) (Count 1); (2) disability discrimination under the Americans with Disabilities Act (“ADA”), 42 U.S.C § 12112(a), and Ohio law, Ohio Rev. Code § 4112.02(A) (Counts 2 and 3); (3) failure to accommodate his disability, 42 U.S.C. § 12112(b)(5) and Ohio Rev. Code § 4112.02(A) (Count 4); and (4) retaliation, Ohio Rev. Code § 4112.02(A) (Count 5). Doc. No. 2. Following the close of discovery, RTA now moves for summary judgment on each claim. Doc. No. 27. Anderson filed an opposition memorandum, and RTA replied. Doc. Nos. 34, 37. This matter is ripe for review.

I. Undisputed Facts

A. Undisputed Facts Relating to Counts 1-4

Anderson excelled as an RTA bus driver when hired in 2017. Doc. No. 29 at PageID 565.

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So much so that he was promoted to a transportation supervisor position just months after he started. Doc. No. 29-1 at PageID 596. As a bus driver, Anderson drove a particular route while picking up and dropping off passengers. Doc. No. 29 at PageID 564. His responsibilities increased as a transportation supervisor. Id. at PageID 567. Anderson went from driving busses to “supervis[ing] daily operations” of bus and transportation drivers, “managing on-time performance,” “ensur[ing] adequate” operator staffing, investigating accidents, administering post-accident drug tests, activating RTA's emergency preparedness plan, if necessary, and “interviewing, hiring, and training employees.” Id.; Doc. No. 29-2 at PageID 597-98. RTA preferred its transportation supervisors have a commercial driver's license (“CDL”) so that they could drive larger vehicles, but CDL licensure was not an official job requirement. Doc. No. 23 at PageID 425-26; Doc. No. 29-2 at PageID 600.

Nor was bus driving among the official job responsibilities of a transportation supervisor. Doc. No. 23 at PageID 425; Doc. No. 29-2 at PageID 597-600. But transportation supervisors- especially those with CDLs, like Anderson-were expected to drive busses or other transportation vehicles when RTA was short staffed. Doc. No. 23 at PageID 425; Doc. No. 29 at PageID 567. Two of the nine non-disabled transportation supervisors, Michelle Gaines and Monica Hunt, never drove busses; but most did, including Anderson. Doc. No. 23 at PageID 426; Doc. No. 29 at PageID 567-68. Having supervisors who could also drive busses proved useful when RTA agreed to provide bussing for the Dayton Public Schools in Fall 2019. Doc. No. 23 at PageID 425; Doc. No. 29 at PageID 568. A “team player,” Anderson frequently filled-in as a school bus driver when RTA was short operators. Doc. No. 23 at PageID 425-26; Doc. No. 29 at PageID 569, 582.

It was during Anderson's January 8, 2020 shift as a school bus driver that the issues in this case arose. Doc. No. 29 at PageID 576. As he was finishing his route, Anderson began to feel

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dizzy and nauseous to the point where he could not drive. Id. He pulled over and called his dispatcher, but managed to drive his bus back to the depot. Id. at PageID 576-77. Anderson saw a nurse practitioner the next day who suspected that the diesel fumes caused his dizziness and nauseousness. Doc. No 29-9 at PageID 629. She advised that Anderson not drive a transit bus for at least two months while he could be evaluated. Id.

Anderson sent his nurse's note to his supervisor, Fixed Route Manager Thomas Nichols, who forwarded it to RTA Director of Transportation Roland Caldwell. Doc. No. 23 at PageID 428; Doc. No. 24 at PageID 452; Doc. No. 29-9 at PageID 628. Caldwell and Nichols believed it was unsafe for Anderson to drive, and so they placed him on paid, non-disciplinary administrative leave until he could pass a fitness-for-duty exam. Doc. No. 23 at PageID 428-30; Doc. No. 24 at PageID 452. Anderson was confused by this decision because he felt he could perform all the official duties of his job, just not drive diesel busses. Doc. No. 29 at PageID 582; Doc. No. 34-1 at PageID 740-41. He made as much known to his superiors in an e-mail. Doc. No. 34-1 at PageID 740-41.

Even though Anderson was supposed to take his fitness test on January 15, 2020, Nichols informed him that morning he was cleared to return to work. Doc. No. 29 at PageID 582. Nichols asked him to report to work. Id. There, Nichols informed him that he was being reassigned, effectively immediately, to a transit ambassador position at RTA's Wright Stop Plaza where he was to observe busses coming and going from the platform and answer customer questions. Id.; Doc. No. 29 at PageID 584. Anderson asked to return to his transportation supervisor role, but Nichols said the transit ambassador position was his only option until further notice. Doc. No. 24 at PageID 453; Doc. No. 24-1 at PageID 461; Doc. No. 29 at PageID 585. Upon hearing the news, Anderson recalled he felt a wave of anxiety and his blood pressure rose. Doc. No. 29 at PageID

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585. He told Nichols he “felt sick” and needed to go home before acknowledging the reassignment. Id. Nichols said Anderson refused the transfer and left work. Doc. No. 24 at PageID 453; Doc. No. 24-1 at PageID 461.

The next day, Anderson contacted RTA leave administrator Julie Hoffman, explaining, “I need to take some time off to deal with stress and my current health. Can you please explain what my options are and what other information you may need?” Doc. No. 34-6 at PageID 749. He did not indicate that his...