Bennett v. Calabrian Chemicals Corp.

• Decision Date: 09 June 2004
• Docket Number: No. 1:03-CV-238.,1:03-CV-238.
• Citation: 324 F.Supp.2d 815
• Parties: Larry BENNETT, Plaintiff, v. CALABRIAN CHEMICALS CORPORATION, Defendant.
• Court: U.S. District Court — Eastern District of Texas

324 F.Supp.2d 815

Larry BENNETT, Plaintiff, v. CALABRIAN CHEMICALS CORPORATION, Defendant.

No. 1:03-CV-238.

United States District Court, E.D. Texas, Beaumont Division.

June 9, 2004.

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Leanne Johnson, Stephanie Donean Surratt, Orgain, Bell & Tucker, Beaumont, TX, for Calabrian Chemicals Corporation, Defendant.

John Gerard Werner, Reaud, Morgan & Quinn Inc., Beaumont, TX, for Larry Bennett, Plaintiff.

MEMORANDUM AND ORDER

CRONE, District Judge.

Pending before the court is Defendant Calabrian Corporation's ("Calabrian") (incorrectly named as Calabrian Chemicals Corporation) Motion for Summary Judgment (# 14). Calabrian seeks summary judgment on Plaintiff Larry Bennett's ("Bennett") claims of employment discrimination and retaliation under the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101-12113, and Title 1 of the Civil Rights Act of 1991, 42 U.S.C. § 1981a. Having reviewed the pending motion, the submissions of the parties, the pleadings, and the applicable law, the court is of the opinion that summary judgment is warranted.

I. Background

Bennett was hired on May 15, 1981, as a maintenance worker at Calabrian's chemical manufacturing plant in Port Neches, Texas. During his employment with Calabrian, Bennett worked as a maintenance supervisor, operator, storeroom keeper, shift supervisor, and shift foreman. While employed at Calabrian, he underwent three aortofemoral bypass surgeries over a nineteen-month time span for his condition of arterial occlusive disease. The first surgery was performed on March 3, 1999. Bennett was hospitalized for four days and then returned to work when he was released. On September 12, 2001, Bennett had his second surgery, and on October 31, 2001, he underwent his final aortofemoral bypass surgery. He did not return to work between the last two surgeries. On November 8, 2001, Bennett's cardiovascular surgeon, Neal Foley, M.D. ("Dr. Foley"), signed a release allowing Bennett to return to work without restrictions effective November 26, 2001. The next day, November 27, 2001, Bennett requested a change in his work schedule from a rotating shift to a straight day position. Bennett made this request because his physician had purportedly informed him that "working on a rotating shift was not a good thing for him in terms of his medication and sleep patterns." Bennett's request was denied by Calabrian because no straight day positions were available. According to Dave Maneman ("Maneman"), plant manager at Calabrian, Bennett had made similar requests prior to his surgeries, which were also denied because there were no such vacancies.

On December 14, 2001, Bennett submitted a request for short-term disability benefits to Calabrian due to his medical condition — arterial occlusive disease and three aortofemoral bypass surgeries. The request included a notation by Dr. Foley stating that Bennett had been totally disabled from October 31, 2001, to November 26, 2001. Calabrian's insurance carrier denied the request because Bennett had been released to return to work without restrictions on November 26, 2001. Subsequently, Bennett made a second request for disability benefits on January 22, 2002, which included a statement by Dr. Foley that Bennett "should be on full disability due to [the same] condition." Based on his new claim of disability, Calabrian's insurance carrier approved the claim, and Bennett was paid short-term disability benefits for approximately twenty-six weeks.

In addition, on January 23, 2002, Bennett requested a personal medical leave of absence until May 15, 2002. His request was approved by Calabrian. While out on medical leave, Bennett refereed football and baseball games for compensation. In May 2002, Bennett submitted another release signed by Dr. Foley on April 30, 2002, allowing him to return to work without restrictions effective May 3, 2002. On May 2, 2002, Bennett provided Calabrian with another letter from Dr. Foley indicating that Bennett was able to return to work without restrictions, stating that he is "no longer suffering from the symptoms that caused the disability." At deposition, Bennett testified that he was attempting to be re-hired "prior to the benefits being terminated."

As a consequence, Bennett's submission aroused the suspicions of Charles Cogliandro ("Cogliandro"), president and chief executive officer of Calabrian. At deposition, Cogliandro testified that he did not believe Bennett was disabled and unable to perform his job. As a consequence, Cogliandro requested Bennett's personnel and medical file for review. After reviewing the files, Cogliandro asked Bennett to provide additional information to explain the difference in his condition between the work release of November 26, 2001, his request for disability benefits on January 22, 2002, and the release submitted on May 2, 2002. Bennett submitted another letter, signed by Dr. Foley on June 24, 2002, that reiterates his opinion that "the aortofemoral bypass has alleviated all of his symptoms relative to vascular disease, and [Dr. Foley] expect[s] that he will get an excellent outcome, which will allow him to engage in full physical activities for at least ten years." Dr. Foley elaborates that he does not "believe vascular disease in any way contributes to any current disabilities, and [Dr. Foley] would recommend him to be allowed to engage in full employment at this time."

After reviewing Bennett's submission, Cogliandro informed Amber McDonald ("McDonald"), the human resources manager, that the information was not acceptable to explain the discrepancies in Dr. Foley's statements. Calabrian informed Bennett that "a release from Dr. Foley must state that he no longer has the condition in order for [Bennett] to return to work." According to Cogliandro, Bennett failed to comply with that request and was prohibited from returning to work. As a result, Bennett's position at Calabrian was filled by another employee.

After Bennett was terminated, he filed a charge with the Equal Employment Opportunity Commission ("EEOC") and the Texas Commission on Human Rights ("TCHR"), alleging that Calabrian had discriminated against him on the basis of his disability. Bennett indicated in his EEOC and TCHR charge that the discrimination took place when he was discharged on July 22, 2002. Bennett received his right to sue letter on March 20, 2003, and instituted this action on April 22, 2003. In his complaint, Bennett claims to the victim of disability discrimination in violation of the ADA. Specifically, Bennett asserts that Calabrian discharged him, a qualified individual with a disability,

who was able to perform the essential functions of his position with or without reasonable accommodation, because of his disability, Arterialocdasive [sic] Disease; Defendant's discharge and/or constructive discharge of Larry Bennett based on the need to make reasonable accommodations to his possible future physical impairments; and retaliatory action against Plaintiff, including but not limited to stating Plaintiff could not work because of his medical condition and a release was not good enough unless it stated the medical condition disappeared.

On May 30, 2003, Calabrian filed a counterclaim against Bennett alleging that his actions in accepting disability benefits were "willful and fraudulent." Specifically, Calabrian asserts that Bennett "fraudulently obtained disability benefits by stating that he could not work. Then after exhausting his disability benefits, he then stated that he could return to work without restriction. In addition, he accepted disability benefits stating that he could not work, all the while officiating football games." Calabrian contends that Bennett "attempted to manipulate the process by first claiming he had a disability to obtain money and then claiming that he did not have a disability, even though his condition has not changed."

Calabrian filed its motion for summary judgment on January 15, 2004, arguing that Bennett is not disabled and that Calabrian never "regarded" him as having a disability. Moreover, Calabrian maintains that the decision not to allow Bennett to return to work was based upon Cogliandro's suspicion and belief that Bennett was not disabled and that he was deceiving the company by receiving disability benefits. Therefore, according to Calabrian, "[s]ince Bennett does not have a disability and was never regarded by Calabrian as having a disability, Bennett fails to qualify for relief under the ADA."

II. Analysis

A. Summary Judgment Standard

Rule 56(c) of the Federal Rules of Civil Procedure provides that summary judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c). The party seeking summary judgment bears the initial burden of informing the court of the basis for its motion and identifying those portions of the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Martinez v. Schlumberger, Ltd., 338 F.3d 407, 411 (5th Cir.2003); Terrebonne Parish Sch. Bd. v. Mobil Oil Corp., 310 F.3d 870, 877 (5th Cir.2002); Colson v. Grohman, 174 F.3d 498, 506 (5th Cir.1999).

"A fact is `material' if it `might affect the outcome of the suit under governing law.'" Bazan v. Hidalgo County, 246 F.3d 481, 489 (5th Cir.2001) (emphasis in original) (quoting Anderson, 477 U.S. at 248, 106 S.Ct. 2505); see Harken Exploration Co. v....