Barngrover v. W.W. Transport, No. 3:02-cv-40020 (S.D. Iowa 7/24/2003)
| Decision Date | 24 July 2003 |
| Docket Number | No. 3:02-cv-40020.,3:02-cv-40020. |
| Parties | ROBERTA BARNGROVER, Plaintiff, v. W.W. TRANSPORT, Defendant. |
| Court | U.S. District Court — Southern District of Iowa |
Roberta Barngrover ("Barngrover") began working for W.W. Transport ("WW") when she was forty-six (46) years old. She worked for WW just over one year, beginning in WW's accounting department doing payroll and eventually being promoted to the position of accounting assistant. Before she had completely transferred into her new position on a full-time basis, WW terminated Barngrover's employment. Shayla D. Marti was twenty-six (26) years old when she was hired to take over Barngrover's old payroll position. Shawn Birkenstock was thirty-two (32) years old when she was hired to take over the accounting assistant position left vacant by Barngrover's termination.
On February 20, 2002, Barngrover filed suit in Iowa state court, alleging her termination violated the Family Medical Leave Act ("FMLA"), Title I of the Americans with Disabilities Act ("ADA"), the Age Discrimination in Employment Act ("ADEA"), and provisions of the Iowa Civil Rights Act ("ICRA"). WW removed this lawsuit to the United States District Court for the Southern District of Iowa on March 11, 2002. On February 10, 2003, WW requested summary judgment on all counts. Barngrover has resisted. On April 28, 2003, the matter came on for hearing with Thomas D. Hobart appearing on behalf of Barngrover and Martha L. Shaff appearing on behalf of WW. For the reasons that follow, summary judgment on the FMLA and ADA claims will be granted; summary judgment on the ADEA and ICRA claims will be denied.
Defendant WW is engaged in transportation of bulk food grade commodities for flour milling companies. Incorporated in 1991 and beginning operations with only one employee, WW has experienced growth of 15 percent in each of the last four years, currently employing 145 people. Janine Clover ("Clover") was hired by WW as its accountant near the end of September, 1999. As Clover understood it, WW's prior bookkeeper had just been doing bookkeeping, and WW wanted someone with the ability to provide more financial information and ultimately financial statements for WW. Additionally, Clover was given responsibility for payroll. As part of these payroll duties, Clover's work included 401(k), payroll taxes, child support, garnishments, and health insurance deductions. Shortly after being hired, it became apparent Clover was unable to complete all the responsibilities, so Clover was authorized to hire a new person to help in accounting. Clover determined Barngrover could provide that help and in November of 1999, hired Barngrover as Clover's subordinate.
Clover supervised Barngrover and was responsible for assigning Barngrover's duties. WW pays its employees weekly, so its payroll has to be completely done each week. Believing payroll was the most important task needing immediate and constant attention, Clover assigned Barngrover the job of payroll.
On Sunday, October 8, 2000, Barngrover was in an automobile accident and sustained injuries which included four herniated disks in her neck, two herniated disks in her lower back, a fractured tailbone, and a caved in chest wall from the seatbelt. Although she was initially seen in the emergency room, Barngrover was not kept in the hospital. Feeling as though she could not afford to miss work, Barngrover was absent from work for a day and a half. When she did return, Barngrover provided WW with a doctor's letter indicating she was not to work more than 6-8 hours per day, five days per week. Barngrover specifically told WW that she did not need to take any time off as long as her restrictions were followed.
It is undisputed that Clover and Jeff Walters ("Walters"), President of WW, knew of Barngrover's accident and were aware of Barngrover's restrictions. It is also undisputed that, as far as Walters knew, Barngrover's restrictions did not create any problem for WW. Barngrover was able to attend every physical therapy session scheduled, and Barngrover admits Clover never told her WW would not accommodate her.
In part because of the disorganized condition of the accounting department, WW was a stressful environment in which to work. Clover testified at her deposition that when she first began working at WW, she felt very overwhelmed by the lack of organization and all of what had to be done. Clover testified that she discussed with Barngrover, when Barngrover was initially hired, how difficult working in the accounting department might be.
During Barngrover's employment with WW, her relationship with Clover was contentious, although the parties disagree on when this first began. Walters believed Clover could be difficult to deal with because of her "moods" and difficult to work with because she was "very emotional".2 It is undisputed that prior to Barngrover's termination, Walters had to intervene and resolve a conflict between Clover and Barngrover.
WW points to examples contained in the record which suggest the Barngrover/Clover relationship had deteriorated prior to Barngrover's car accident. For example, Clover testified about one of the first conflicts they had, which preceded the accident, where Clover called Barngrover at work to say Clover's daughter was ill and that she would not be at work that day. While Clover did not remember precisely what Barngrover had said, Clover believed Barngrover's reaction was not justified and ended up making other arrangements for the care of her sick daughter so she could go into work. Clover additionally asserts that prior to her accident, Barngrover had been rude to WW drivers and staff who were seeking reimbursement from petty cash for qualifying over expenses, which was available through Barngrover. According to WW, these conflicts continued after Barngrover's accident, simmering to a boil on November 17, 2000, when Clover apparently offered to help Barngrover finish payroll. According to Clover's written memorandum of the incident, Barngrover declined Clover's offer, saying that Barngrover could do payroll herself and that Clover would get cranky if she did not get her work done. Clover believed co-workers overheard this exchange and felt Barngrover's behavior was inappropriate. Clover insists she was ready to fire Barngrover for this incident but changed her mind after having thought about it over the weekend. Throughout all of this, Clover continued her efforts of trying to organize WW's accounting department more efficiently, which at times resulted in additional duties for payroll.3 Clover asserts she tried adding responsibilities for Barngrover, with poor success. Although apparently never telling Barngrover of her apprehension, Clover testified she was afraid to ask Barngrover to do anything, unsure of the type of response Barngrover would give. According to Clover, Barngrover would suggest she could not do what Clover was asking her to do.4
Barngrover completely denies WW's suggestion that problems between her and Clover existed before the accident. Barngrover denies the "sick daughter" incident ever took place, denies she was ever rude to WW drivers or staff, and denies that she ever rebuffed an offer by Clover to help complete payroll around Thanksgiving of 2000. According to Barngrover's version of events, it was only after her car accident that her relationship with Clover worsened. At her deposition, Barngrover testified about a post-accident encounter with Clover where Clover said she was sorry Barngrover was in an accident, but she was not one to give much sympathy and that Barngrover still had to get all the work done. Specifically, Barngrover alleges Clover's unsympathetic attitude manifested itself by Clover becoming a less patient person and giving Barngrover duties to do which Clover had previously done herself.5 Despite perceiving changes in Clover's attitude after the accident, Barngrover never complained about Clover after the accident. The Court notes that although Barngrover specifically denies she did not complain about Clover after the accident and refers the Court to her affidavit to support this assertion, a review of her affidavit demonstrates Barngrover admits she did not complain about Clover after the accident.6
Despite the conflicts existing between them, Clover still remained responsible for Barngrover and was responsible for determining which duties she was to perform. Having decided not to fire Barngrover in November of 2000 and, by now, recognizing that Barngrover seemed unhappy in her payroll duties, Clover suggested Barngrover take over a new accounting department position being created, that of accounting assistant,7 and that a new person be hired to do payroll. Clover suggested the accounting assistant position, while having its own type of job stress, would not have the weekly deadlines and stress associated with payroll. Barngrover did become accounting assistant and had the choice of a small pay raise of $500 per year or an extra week of vacation. Barngrover's transition into the accounting assistant position was a promotion.
It is undisputed that after Barngrover's accident, Clover did not notice any change in the quality or quantity of Barngrover's work. Clover indicated she believed Barngrover had become more proficient in completing the payroll duties and had expected that Barngrover would be able to begin accepting random projects to transition into her new position. Therefore, while WW advertised for a new payroll person, Barngrover continued doing payroll and also began accepting new assignments from Clover related to the accounting assistant position.
Barngrover testified that when she was approached about doing the extra work, she knew the company would be seeking another person in the office to help and that she had a choice to either keep the...
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