Daughtry v. Army Fleet Support, LLC

• Decision Date: 15 February 2013
• Docket Number: Civil Action No. 1:11cv153–MHT.
• Citation: 925 F.Supp.2d 1277
• Parties: Rory M. DAUGHTRY, Plaintiff, v. ARMY FLEET SUPPORT, LLC, et al., Defendants.
• Court: U.S. District Court — Middle District of Alabama

925 F.Supp.2d 1277

Rory M. DAUGHTRY, Plaintiff,

v.ARMY FLEET SUPPORT, LLC, et al., Defendants.

Civil Action No. 1:11cv153–MHT.

United States District Court,

M.D. Alabama,

Southern Division.

Feb. 15, 2013.

Griffin Merrill Shirley, Leon Merrill Shirley, Shirley Law Office, Elba, AL, for Plaintiff.

Andrew W. Martin, Jr., Armbrecht Jackson, William Robert Lancaster, Mobile, AL, Steadman Stapleton Shealy, Jr., Cobb, Crum & Pike, PC, Dothan, AL, for Defendants.

MEMORANDUM OPINION

MYRON H. THOMPSON, District Judge.

Plaintiff Rory M. Daughtry brought this action charging failure to accommodate his disability in violation of federal and state laws and naming as defendants Army Fleet Support, LLC (his employer), L–3 Communications Corporation (Army Fleet's parent company), ACE American Insurance Company (L–3's workers' compensation insurer), ESIS, Inc. (ACE's third-party claims administrator), Tammie Maddox (an Army Fleet employee), Michelle Kelton and Ruth Mann (ESIS employees), and the International Association of Machinists and Aerospace Workers, District 75 (Daughtry's union). Daughtry asserts claims under the Americans with Disabilities Act of 1990(ADA), as amended (42 U.S.C. §§ 12111–12117), and the Racketeer Influenced and Corrupt Organizations Act (RICO) (18 U.S.C. §§ 1961–1968), and he asserts state-law claims of estoppel, conspiracy, breach of contract, negligence and wantonness, outrage, and invasion of privacy. Jurisdiction is proper under 28 U.S.C. §§ 1331 (federal question) and 1367 (supplemental jurisdiction) and 42 U.S.C. § 12117(ADA).

The case is now before this court on the defendants' motions for summary judgment. The motions will be granted.

I. SUMMARY–JUDGMENT STANDARD

“A party may move for summary judgment, identifying each claim or defense—or the part of each claim or defense—on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The court must view the admissible evidence in the light most favorable to the non-moving party and draw all reasonable inferences in favor of that party. Matsushita Elec. Indus. Co. Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

Under Rule 56, the party seeking summary judgment must first inform the court of the basis for the motion, at which point the burden then shifts to the non-moving party to demonstrate why summary judgment would not be proper. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); see also Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1115–17 (11th Cir.1993) (discussing burden-shifting under Rule 56). The non-moving party must affirmatively set forth specific facts showing a genuine issue for trial and may not rest upon the mere allegations or denials in the pleadings. Fed.R.Civ.P. 56(e).

II. BACKGROUND

Fort Rucker is a U.S. Army post in southeastern Alabama. There, the Army contracts with Army Fleet, a private company, for the provision of aircraft maintenance and logistical services. The company employs almost 4,000 active employees, the vast majority of whom are union members and aircraft mechanics. Until recently, Daughtry was both. After years of fixing Army helicopters, Daughtry suffered an injury to his left shoulder that required surgery and subsequent physical therapy. In his final week of therapy, he suffered a second injury to the same shoulder, necessitating another round of surgery. Responding to complaints of regular shoulder pain, his doctor ordered him to refrain from lifting items over 20 to 25 pounds. When Daughtry's pain continued, the doctor decreased the permitted amount to 15 pounds.

After Daughtry's injury and corresponding lifting restrictions, Army Fleet attempted to accommodate him; rather than requiring him to continue carrying out all his duties as an aircraft mechanic, he was assigned solely to “parts-turn-in,” one of many duties that are required of aircraft mechanics. When handling parts-turn-in duties, the mechanic receives items of various sizes and weights that have been turned in by other employees and shelves them in designated areas. Because some of the items Daughtry had to shelve exceeded 15 pounds, he sometimes required assistance from coworkers. In general, Army Fleet does not staff employees permanently at the parts-turn-in area; the work is handled on an assignment basis only by aircraft mechanics who are primarily responsible for other duties, including, most importantly, repairing aircrafts. In allowing Daughtry to forgo all his other duties, the company made an exception to that general rule.

Daughtry worked in the parts-turn-in area exclusively for a couple years. Then, a realignment at Fort Rucker, whereby Army Fleet had to move employees in response to the government's changing needs, ended that. Daughtry had been working during what the parties call “regular work week.” After Army Fleet employees were moved around pursuant to the realignment, Daughtry was “bumped” to “odd work week” in accordance with his seniority in the union. He had no objection to the move; it was, he believed then and seems to believe now, in accordance with the collective-bargaining agreement (the agreement between Army Fleet and the union). After Daughtry was moved to the odd work week, however, Army Fleet concluded that there was not a need during that time for him to work in the parts-turn-in area. All needed parts-turn-in duties were handled by persons with greater seniority in the union than Daughtry. As there was no longer a need for parts-turn-in work and as Daughtry was physically restricted from handling the other aspects of the aircraft-mechanic position, the company decided that it could not continue to employ him in that job. Army Fleet temporarily assigned Daughtry to light-duty work reviewing certain log books while the company searched for a permanent position.

The company decided that, despite Daughtry's physical restrictions, he would be able to satisfy the needs of the “aircraft monitor” position. Aircraft monitors, generally speaking, are tasked with standing near aircrafts and assuring that only permitted persons approach. The job requires little physical exertion; it also pays far less than Daughtry's prior job as an aircraft mechanic. Faced with the option of an indefinite layoff or less pay, Daughtry begrudgingly accepted a position as an aircraft monitor.

In accordance with the collective-bargaining agreement, Daughtry (represented by union counsel) filed several grievances against the company regarding the new position with less pay. He contended that, under the agreement (which has language relating to reasonable accommodations for disabilities that closely tracks the language of the ADA), Army Fleet was required to accommodate his injuries by creating a permanent position of parts-turn-in work that would pay the same amount as aircraft-mechanic jobs. In other words, he wanted to continue the pre-realignment status quo, when he held the aircraft-mechanic position but was not required to carry out any of the job's duties besides parts-turn-in. The grievances proceeded to arbitration, and the arbitrator ruled against Daughtry. Additionally, Daughtry filed a complaint with the U.S. Department of Labor's Office of Federal Contract Compliance Programs, which also ended in an unfavorable decision. Lastly, he filed a state-court case relating to, among other things, workers' compensation benefits.

Throughout those proceedings, Daughtry continued to work as an aircraft monitor. However, that ended when he injured his previously uninjured right shoulder. As with the earlier injuries to his left shoulder, he again needed surgery. Following the surgery, his treating physician concluded that he could no longer perform the essential functions of either the aircraft-mechanic or aircraft-monitor jobs without assistance. Daughtry agreed he could not do either job. Moreover, he began taking powerful pain medications that, under the company's preexisting substance-abuse policies, precluded him from working. He was placed on administrative leave pursuant to the collective-bargaining agreement. As of today, he remains eligible for rehire if a position becomes available that he can carry out with his physical restrictions and medication needs.

Daughtry brought this lawsuit charging that Army Fleet unlawfully failed to accommodate him by failing to create a permanent parts-turn-in job. He claims that, even with his current physical restrictions, he can satisfy parts-turn-in duties if he has assistance with the heavier items; he also charges that all the defendants are liable for conspiring to force him into a job that pays less than the salary to which he is entitled and that his union is liable for failing to represent adequately his interests throughout the preceding events.

III. DISCUSSION

A.

Under the ADA, private employers may not discriminate against an otherwise qualifiedworker because of a disability. 42 U.S.C. § 12112(a). “Discrimination” under the ADA includes “not making reasonable accommodations to the known physical ... limitations of an otherwise qualified individual with a disability who is an ... employee.” 42 U.S.C. § 12112(b)(5)(A). In other words, if an “otherwise qualified” employee with a disability requires reasonable accommodations to perform his job duties, the employer has an affirmative obligation to make those accommodations.

“A reasonable accommodation ... is one that would enable an employee with a disability to enjoy an equal opportunity for benefits and privileges of employment as are enjoyed by employees without disabilities.” Howell v. Michelin Tire Corp., 860 F.Supp. 1488, 1492 (M.D.Ala.1994) (Thompson, J.). However, an accommodation is not “reasonable” if it requires the employer to eliminate an essential function of a job. Lucas...