Bray v. National Services Industries, Inc.
| Decision Date | 18 October 2001 |
| Docket Number | No. 5:99-CV-361-4(DF),5:99-CV-361-4(DF) |
| Citation | 209 F.Supp.2d 1343 |
| Parties | Annie J. BRAY, Plaintiff, v. NATIONAL SERVICES INDUSTRIES, INC., Defendants. |
| Court | U.S. District Court — Middle District of Georgia |
Bradley G. Pyles, Macon, GA, for plaintiff.
Forrest Walker Hunter, Alston & Bird, Atlanta, GA, for defendants.
Before the Court are Defendant's and Plaintiff's motions for summary judgment (Tab #'s 24 and 31). Plaintiff has brought this action alleging that Defendant discriminated against her in violation of the Americans with Disabilities Act ("ADA"). Defendant contends that (1) Plaintiff has not exhausted the administrative remedies required for actions under the ADA, and (2) Plaintiff does not have a disability as defined by the ADA.
In 1974 Plaintiff began working at Defendant's facilities in Cochran, Georgia. Plaintiff started out as an assembly worker and was subsequently promoted to special equipment operator. Prior to the injury at issue in this case, Plaintiff suffered two shoulder injuries and had been placed on light-duty work while recovering. She also underwent surgery on her rotator cuff on July 17, 1998.
On July 27, 1998, Plaintiff filed a statement notifying Defendant that she had injured both of her shoulders while at work. Plaintiff was treated by a physician who allowed her to return to work under the temporary restriction that she keep her arms at her sides at all times while working. At that time, Defendant had a policy of providing light-duty positions for employees who suffered from work-related injuries; however, it provided no such positions for workers with injuries that were not work-related. Not sure of the circumstances under which the July 27 shoulder injury occurred, Defendant placed Plaintiff on modified work duty until it made a determination as to whether the injury was work-related. On September 1, 1998, Plaintiff suffered a separate non-work-related injury to her knee and took medical leave until September 11, 1998. Because this leave involved a non-work-related injury, Defendant required Plaintiff's physician to complete documents in accordance with Defendant's Family and Medical Leave Act ("FMLA") policy, which covered leave for such injuries.
Plaintiff returned to work on September 11, 1998. At that time, she no longer complained of any knee problems, but she was still required to work with her arms at her sides because of the continuing pain in her shoulders. On that same day, Defendant determined that Plaintiff's July 27 shoulder injury was not job-related. Cliff Goff, Defendant's human resources manager, informed Plaintiff about Defendant's policy of providing light-duty work only for job-related injuries. Because Plaintiff's injuries were determined not to be workrelated, he informed her that Defendant would provide no more light-duty positions and that she could not return to work until her doctor allowed her to use both of her arms fully. Defendant also provided Plaintiff with a second set of FMLA documentation necessary to substantiate her extended absence beginning on that day.
On December 21, 1998, while still on leave because of her shoulder injury, Plaintiff filed a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") claiming that Defendant's refusal to allow her to work because of her restricted arm use was discriminatory in violation of the ADA. Plaintiff remained on leave until mid-February 1999, when she returned to her position as special equipment operator. By that time she had obtained a doctor's release from the limited arm-use restrictions and was allowed to work full-duty. Plaintiff continued to work on full duty until March 2, 1999, when she again requested medical leave because of pain in her shoulders and neck. Plaintiff provided documentation from a doctor indicating she should remain on leave until March 30, 1999.
Between September 11, 1998, and mid-February 1999, Goff sent Plaintiff several letters requesting FMLA documentation to be signed by her physician. These documents were necessary to substantiate her absence between September 11 and February 10. Beginning in February 1999, these letters included a warning to Plaintiff informing her that failure to provide such documentation would result in disciplinary action or even termination. Having not received the FMLA documentation as of April 22, 1999, Goff notified Plaintiff of the decision to terminate her, effective as of April 15, 1999.
Sometime after Plaintiff's April 15 termination, Defendant determined that her shoulder injury of July 27, 1998, had in fact been work-related. Based on this determination, Defendant decided to pay Plaintiff workers' compensation benefits for her time on leave. Defendant also decided to reinstate Plaintiff because the new determination eliminated any need for the FMLA documentation. She was reinstated with full benefits and seniority rights retroactive to the date of her termination. Despite the reinstatement, however, Plaintiff never returned to work. On March 15, 2000, Defendant terminated Plaintiff for a second time. This decision was made under the terms of its collective bargaining agreement, which required termination of employees who remained on leave of absence for over one year.
Plaintiff now claims that Defendant discriminated against her in violation of the ADA by refusing to allow her to work as a special equipment operator while she was subject to a restriction on the use of her arms. She also contends that Defendant regarded her as having a disability when it refused to provide her a light-duty position.
Summary judgment must be granted if "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); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). A genuine issue of material fact necessary to defeat a properly supported motion for summary judgment arises only when "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In reviewing a motion for summary judgment, the court must view the evidence and all justifiable inferences in the light most favorable to the nonmoving party, but the court may not make credibility determinations or weigh the evidence. See id. at 254-55, 106 S.Ct. 2505; Maynard v. Williams, 72 F.3d 848, 851 (11th Cir.1996).
The moving party "always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact" and that entitle it to a judgment as a matter of law. Celotex Corp., 477 U.S. at 323, 106 S.Ct. 2548 (internal quotation marks omitted). If the moving party discharges this burden, the burden then shifts to the nonmoving party to go beyond the pleadings and present specific evidence showing that there is a genuine issue of material fact (i.e., evidence that would support a jury verdict) or that the moving party is not entitled to a judgment as a matter of law. See Fed.R.Civ.P. 56(e); see also Celotex Corp., 477 U.S. at 324-26, 106 S.Ct. 2548. This evidence must consist of more than mere conclusory allegations or legal conclusions. See Avirgan v. Hull, 932 F.2d 1572, 1577 (11th Cir.1991). Under this scheme, summary judgment must be entered "against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp., 477 U.S. at 322, 106 S.Ct. 2548.
Defendants first allege that Plaintiff has failed to exhaust the administrative remedies required by the ADA. A plaintiff cannot bring a civil action for a violation of the ADA unless she has first filed a timely charge with the EEOC. See 42 U.S.C.A. § 2000e-5(e)(1) (West 1994).1 While Defendant does not now challenge the timeliness of Plaintiff's initial EEOC charge, it contends that this suit is nonetheless barred because it involves allegations of conduct that occurred after that filing and because the EEOC charge was not amended to reflect those allegations. More specifically, Defendant claims that Plaintiff had returned to work since the filing and that the circumstances which she claims resulted in termination are separate and discrete occurrences not encompassed by the allegations made in the EEOC charge.
In similar contexts under Title VII, the courts have determined the scope of an EEOC filing by looking at whether the conduct complained of in the charge was likely to place the defendant on notice that the subsequent action would also be challenged and whether the subsequent conduct was related to the overall charge. See Turner v. Orr, 804 F.2d 1223, 1226 (11th Cir.1986); Buffington v. General Time Corp., 677 F.Supp. 1186, 1192 (M.D.Ga.1988). These subsequent claims "may encompass any kind of discrimination like or related to the allegations contained in the [EEOC] charge and growing out of such allegation during the pendency of the case before the Commission." Sanchez v. Standard Brands, Inc., 431 F.2d 455, 466 (5th Cir.1970) (quoting King v. Georgia Power Co., 295 F.Supp. 943, 947 (N.D.Ga.1968)).2 This notice requirement is generally satisfied when the conduct in the complaint "could have been a reasonably expected outgrowth of the EEOC's investigation of the charged conduct." Wu v. Thomas, 863 F.2d 1543, 1547 (11th Cir. 1989); see also Butts v. City of N.Y. Dep't...
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