Byrd v. Huntington Ingalls, Inc.

• Decision Date: 08 May 2015
• Docket Number: CIVIL ACTION NO. 1:14cv125-KS-MTP
• Parties: GEORGE BYRD PLAINTIFF v. HUNTINGTON INGALLS, INCORPORATED DEFENDANT
• Court: U.S. District Court — Southern District of Mississippi

GEORGE BYRD PLAINTIFF
v.
HUNTINGTON INGALLS, INCORPORATED DEFENDANT

CIVIL ACTION NO. 1:14cv125-KS-MTP

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION

May 8, 2015

MEMORANDUM OPINION AND ORDER

This matter is before the Court on the Defendant Huntington Ingalls, Incorporated's Motion for Summary Judgment [28]. Having considered the submissions of the parties, the record, and the applicable law, the Court finds that the motion should be granted in part and denied in part.

I. BACKGROUND

This action involves alleged employment discrimination in violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., and the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq. Plaintiff George Byrd was employed by Huntington Ingalls, Incorporated ("Huntington"), and its predecessors in interest, as a sheet metal mechanic in its shipyard in Pascagoula, Mississippi for approximately thirty-three (33) years. Byrd's employment with Huntington was terminated on April 24, 2012. Huntington's position is that Byrd was discharged as a result of an incident occurring on March 21, 2012, in which Byrd left his workstation without permission, absconded with a company-owned Kawasaki Mule vehicle that resembles a golf cart (the "Mule"), and wrecked the Mule on his way out of the shipyard. According to the Complaint, Byrd claims that he was terminated because of his age and because Huntington regarded him as disabled. Byrd was fifty-four (54)

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years old at the time of his termination and has Type 2 diabetes. Further, Byrd was placed under certain work restrictions relating to a shoulder injury in January of 2012. Byrd also alleges that he was subjected to a hostile work environment in violation of the ADA and ADEA in March of 2012.

Byrd began working at the shipyard in 1975. (See Huntington 30(b)(6) Dep. [35-3] 10:9-18.) Byrd left this employment in 2005 due to Hurricane Katrina. (See Byrd Decl. [35-1] at ¶ 2.) Byrd rejoined the shipyard in April of 2009 in a supervisory position, and stayed in that role until February of 2010, when he voluntarily went back "to the hands-on, non-supervisory work" that he enjoyed the most and presented less stress. (See Byrd Decl. [35-1] at ¶ 2.)

Byrd injured his right shoulder at work in 2010, and then reinjured it in January of 2012 in connection with falling out of a forklift. (See Byrd Dep. [35-2] 6:25-7:16.) On January 24, 2012, Dr. Donnis Harrison, an orthopedic surgeon, released Byrd to return "to light duty work" under the following restrictions: "No overhead work. No lifting over 15 pounds." (Orthopedic Records attached to Byrd Decl. [35-1 at ECF p. 8].) These restrictions remained in place through March 21, 2012, the last day Byrd actually worked at the shipyard. (See Byrd Dep. [35-2] 11:4-6.)

Byrd was initially assigned light duty work upon his return to the shipyard in late January of 2012. (See Byrd Dep. [35-2] 11:7-10.) Byrd worked with Robert Hardy at that time. Generally, Byrd operated a forklift or crane and Hardy performed the manual tasks. (See Byrd Dep. [35-2] 11:11-20.) Byrd did not exceed his restrictions while working with Hardy. (See Byrd Dep. [35-2] 12:4-7.)

Byrd contends that his problems at work relating to this litigation started in March

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of 2012, when he began to work for foreman Ryan Rawls. On or about March 12, Rawls and Byrd had a discussion regarding Byrd's restrictions and Rawls told Byrd he "ought to go have it [shoulder surgery] done, you know, get it done faster." (Byrd Dep. [35-2] 16:12-22.)¹ Also on or about this date, Rawls gave Byrd an assignment, the details of which Byrd could not recall at his deposition, that exceeded Byrd's restrictions. (See Byrd Dep. [35-2] 12:23-13:5.) Byrd completed the assignment without advising Rawls that it violated his restrictions. (See Byrd Dep. [35-2] 13:14-22.) On or about March 19, Rawls assigned Byrd "a big ventilation job" that involved 11-gauge galvanized steel. (See Byrd Dep. [35-2] 12:23-25, 13:23-14:8.) Byrd told Rawls that the job was too big and outside of his restrictions. (See Byrd Dep. [35-2] 14:6-8.) Rawls then "went and found . . . [Byrd] another little job" that he was capable of performing. (Byrd Dep. [35-2] 14:18-23.) On March 20, Rawls told Byrd to roll some sheets of aluminum. (See Byrd Dep. [35-2] 17:17-18:6.) Byrd believed that the weight of the sheets exceeded his restrictions, but he did not advise Rawls of this circumstance. (See Byrd Dep. [35-2] 20:24-21:10.) While Byrd was waiting for another employee to finish using a mechanical roller, Rawls told Byrd to go ahead and use a manual roller, which was larger and more difficult to operate. (See Byrd Dep. [35-2] 19:21-20:12.) Byrd started hurting after rolling one sheet of aluminum; he thus stopped and went and told Rawls that he was in pain and that the roller was too heavy for him. (See Byrd Dep. [35-2] 21:12-19.) Rawls stated, "[W]ell, we don't want you to hurt yourself but we need to get

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that one out." (Byrd Dep. [35-2] 21:20-24.) It is not clear if Byrd rolled any more sheets of aluminum based on the following deposition testimony:

Q. Okay. After Rawls said, we don't want you to hurt yourself, did you roll anything else or do you remember?

A. I don't think I rolled anymore. I think I rolled one or two, then stopped because I was hurting.

(Byrd Dep. [35-2] 22:2-6.)

Matters came to a head for Byrd during his shift on March 21. At the beginning of the shift, Byrd learned that the only work available was a task involving galvanized steel that exceeded his restrictions. (See Byrd Dep. [35-2] 27:20-28:14.) Byrd and general foreman Tommy Bennett, who was over both Byrd and Rawls, then had a heated discussion regarding Byrd's restrictions and available job assignments. At some point, Bennett stated that Rawls had told him Byrd "wanted to go sit over there and wait for Reggie to get through" with the mechanical roller the previous night. (Byrd Dep. [35-2] 28:19-23.)² Byrd took offense to this statement and replied that he "didn't go over there to sit down and wait on him all night." (Byrd Dep. [35-2] 28:19-23.) Byrd subsequently told Bennett that he had to find work within his restrictions or Bennett could send him home. (See Byrd Dep. [35-2] 29:11-13.) Bennett advised Byrd that he would not be paid if he went home. (See Byrd Dep. [35-2] 29:13-15.) Byrd also told Bennett that he had been at the shipyard for thirty (30) years and did not feel like he was being treated right. (See Byrd Dep. [35-2] 37:4-5.) Bennett then made a remark to

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the effect that "everybody that's been here 30 years is gone . . . ." (Byrd Dep. [35-2] 37:6-8.) Purportedly, Bennett was grinning and smiling, which got under Byrd's skin. (See Byrd Dep. [35-2] 31:17-21.) Byrd eventually said something he "shouldn't have," when he asked Bennett "if he was F'ing deaf because" the two were "just going back and forth saying the same thing" regarding work available for Byrd within his restrictions. (Byrd Dep. [35-2] 29:21-24.) Bennett then told Byrd to go back to his work table and that he would find something for Byrd to do. (See Byrd Dep. [35-2] 34:4-7.) Bennett threw a small job, something that would take one or two hours to complete, on Byrd's table approximately twenty to thirty minutes later. (See Byrd Dep. [35-2] 29:25-30:3, 34:13-24.) This job was within Byrd's restrictions. (See Byrd Dep. [35-2] 34:25-35:1.) Bennett also asked work leaderman Criss Tanner to prepare some additional small tasks for Byrd. (See Tanner Decl. [28-4] at ¶ 3; Byrd Dep. [35-2] 91:12-22; Bennett Decl. [37-2] at ¶ 5.)

Byrd worked on the job given to him by Bennett for a few minutes until he saw shot superintendent Darrel Brewer, who was Bennett's boss, walk through the area. (See Byrd Dep. [35-2] 35:9-36:11.) Byrd went and spoke to Brewer because he was worried that after he finished the small job he would have to work on the other job that exceeded his restrictions. (See Byrd Dep. [35-2] 35:12-17.) After Byrd told Brewer about his interactions with Bennett, Brewer said, "[W]e don't want you to work past your restriction. . . . I'll talk to Tommy [Bennett] tomorrow, we'll take care of this." (Byrd Dep. [35-2] 37:14-22.) Brewer also told Byrd not to do anything that exceeded his restrictions. (See Byrd Dep. [35-2] 79:25-80:8.) Byrd then went back to his work area. (See Byrd Dep. [35-2] 38:18-20.) Byrd did not complete the small job given to him by

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Bennett. (See Byrd Dep. [35-2] 39:4-5.) Byrd spoke to co-worker Alex McMillan for a minute; then his nose started to bleed and his glasses fogged up. (See Byrd Dep. [35-2] 39:6-13.) Everything then went "blank" and the next thing Byrd remembered was calling his wife while driving home from the shipyard. (See Byrd Dep. [35-2] 40:8-19.)

The summary judgment record evidences the following particulars during Byrd's blackout. Byrd walked out of the shop and drove away in the company-owned Mule, which he was not authorized to operate. (See Tanner Decl. [28-4] at ¶ 3; Craft Decl. [28-5] at ¶ 3;³ Byrd Dep. [35-2] 54:14-16.) Byrd ran the Mule into a port-a-john with such force that he was thrown from the vehicle. (See Craft Decl. [28-5] at ¶ 3.) He then got back into the Mule and proceeded to drive toward the company gate. (See Craft Decl. [28-5] at ¶ 3.) Byrd drove past Steve Craft and asked, "What the f_ _ _ are you looking at?" (Craft Decl. [28-5] at ¶ 3.) Craft followed on foot and noticed that Byrd had also driven the Mule into a garbage can near the shipyard gate. (See Craft Decl. [28-5] at ¶ 3.) Craft reported the incident to the security department. (See Craft Decl. [28-5] at ¶ 3.) A Security Report [28-6] from the shipyard indicates that Byrd was charged with reckless driving, two counts of hit and run, and stealing a company vehicle.

Byrd was shaky and confused when he arrived home from the shipyard. (See Melissa Byrd Decl. [35-4] at ¶ 7.) Byrd's wife, Melissa Byrd,...