Diaz v. Federal Express Corp.
| Decision Date | 21 June 2005 |
| Docket Number | No. CV 03-4765 SVW (AJWx).,CV 03-4765 SVW (AJWx). |
| Citation | 373 F.Supp.2d 1034 |
| Parties | Gilbert R. DIAZ, II, an individual, Plaintiff, v. FEDERAL EXPRESS CORPORATION, Defendant. |
| Court | U.S. District Court — Central District of California |
Andre E. Jardini, Knapp Petersen & Clark, Glendale, CA, for Plaintiff.
David S. Wilson, III, Jay L. Grytdahl, Federal Express Corporation, Memphis, TN, Keith A. Jacoby, Traci Irene Beach, Littler Mendelson, Los Angeles, CA, for Defendant.
AMENDED ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT FEDERAL EXPRESS' MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION.
Originally filed in California Superior Court on May 30, 2003, this action alleges wrongful termination in violation of public policy; disability discrimination in violation of Cal. Gov't Code § 12940(a); failure to provide a reasonable accommodation for a disability in violation of Cal. Gov't Code § 12940(m); breach of contract; breach of the implied covenant of good faith and fair dealing; deceit; and violation of Cal. Bus. & Prof.Code § 17200. Plaintiff Gilbert R. Diaz, II, ("Plaintiff") seeks damages from Defendant Federal Express Corporation ("Defendant" or "Federal Express") consisting of special damages for the loss of past and future income, medical expenses, and other benefits; prejudgment interest on these sums; general damages for emotional distress; punitive damages; attorneys' fees; costs of suit; and any other relief the Court may deem appropriate.
This action was removed to this Court on July 3, 2003 pursuant to 28 U.S.C. § 1441. This Court has jurisdiction over the action pursuant to 28 U.S.C. § 1332, as there is complete diversity of the parties and the amount in controversy exceeds $75,000.
Now before the Court is Defendant Federal Express Corporation's Motion for Summary Judgment or Summary Adjudication made pursuant to Fed.R.Civ.P. 56 on the ground that there is no genuine issue of material fact with respect to each of Plaintiff's causes of action in the initial complaint and that Defendant is entitled to judgment as a matter of law on such claims. In the alternative, Defendant seeks summary adjudication that the following issues are without controversy: (1) Defendant is entitled to summary judgment on Plaintiff's first cause of action for wrongful termination, and (2) Defendant is entitled to summary judgment on Plaintiff's third cause of action for failure to accommodate.
Due to the legal and factual complexities of this case, the Court has held several hearings on Defendant's Motion and has ordered multiple rounds of briefing. On August 18, 2004, the Court issued an Order directing the parties to submit further briefing on the question of whether Plaintiff's condition constitutes a "disability" for purposes of the California Fair Employment and Housing Act ("FEHA"). In the August 18 Order, the Court concluded that if Plaintiff could have a mental disability under the FEHA, Defendant's Motion for Summary Judgment must be denied, and if Plaintiff did not have a mental disability under the FEHA, Defendant's Motion for Summary Judgment must be granted. Having fully considered the parties' filings, the Court issues this Order GRANTING IN PART AND DENYING IN PART Defendant's Motion for Summary Judgment.
Beginning on March 3, 1992, Plaintiff was employed as a customer service agent ("CSA") for Defendant, a company engaged in the overnight shipping business.1 Generally, CSAs' responsibilities are threefold, as they: (1) greet customers, assisting them in preparing goods and documents for shipment, and accepting payment for shipment services; (2) scan customers' packages into Defendant's computer system so that they can be traced to their ultimate destinations; and (3) sort packages into groups based on each package's destination, which must be done correctly to ensure a package arrives at its intended destination on time.
Defendant states that appropriate staffing levels are necessary for Defendant to meet its service commitments and, in turn, to maintain its competitive advantage. The parties dispute the extent to which a CSA's absence requires a replacement CSA and the difficulty of finding a replacement CSA. However, it is clear that unfamiliarity with the sorting process can easily cause packages to be delivered to the wrong location, and, thus, it would presumably be problematic for Defendant if a replacement CSA or other knowledgeable person was not available to substitute for an absent CSA.
Defendant maintains several procedures for disciplining employees. Defendant's most serious form of written discipline, short of termination, for conduct issues is a warning letter. A warning letter may sometimes be accompanied by suspension without pay. Defendant's most serious form of written discipline, short of termination, for performance related issues is a performance reminder. For conduct or performance related problems that are not deemed severe enough to justify a warning letter or a performance reminder, Federal Express managers are authorized to issue a "documented counseling." If an employee receives a combination of three warning letters and performance reminders within a twelve month period of time, this will "normally" result in termination.2
Employees can appeal from a warning letter, performance reminder, and a decision to terminate employment via the Guaranteed Fair Treatment Procedure ("GFTP"). The GFTP, which is set forth in Defendant's employee manual entitled "The People Manual," provides for a three step appeal. The first step consists of a meeting attended by the employee, a human resources ("HR") representative, and the employee's operations manager, senior manager, and managing director. The managing director decides the appeal based upon both information presented by the employee before and during the meeting and information in the employee's GFTP packet. A GFTP packet, which is submitted by the operations manager and senior manager, contains the employee's disciplinary history and the rationale for the discipline at issue. The managing director and the HR representative then each prepare a document outlining the managing director's rationale for the decision.
If the employee is unsatisfied with the decision made at Step 1, the employee can proceed to Step 2. At Step 2, the employee completes a form in which the employee may submit additional information. The decision at Step 2 is made by the Vice President and Senior Vice President in the employee's direct chain of command based upon the evidence presented during Step 1, the rationale for the Step 1 decision as reported by the managing director and the HR representative, and any additional information submitted by the employee.
If Step 2 is decided against the employee, the employee may appeal to Step 3, at which time the employee completes another form inviting the employee to provide additional information. The decision at Step 3 is made by an Appeals Board comprised of various members of upper management. The Appeals Board considers all of the evidence presented at Steps 1 and 2, plus any additional information that the employee presents.
Plaintiff's performance over his first nine years with Federal Express appears to be mixed. On one hand, Plaintiff received good to excellent reviews averaging approximately six on a scale of seven during his employment. In the course of his employment, he received a number of "Bravo Zulu's" (a company commendation for extraordinary performance) and numerous compliments from customers.
On the other hand, through February 2001, Plaintiff received a performance reminder (for "missed freight") and three warning letters (two for attendance related matters and one for using inappropriate language toward a coworker). During this time period, Plaintiff also received nineteen documented counselings. The documented counselings were issued for a range of reasons, including behaving rudely, improperly processing packages, and for having a $1.00 cash shortage.
On February 6, 2001, Plaintiff was terminated for "lack of professionalism" as a result of a confrontation he had with a coworker. Plaintiff appealed from the termination via the GFTP, and his termination was overturned at Step 3 on March 29, 2001. However, the Appeals Board ordered local management to issue a warning letter to Plaintiff and suspend him for a week without pay. Pursuant to this directive, a warning letter was issued to Plaintiff on April 2, 2001.
Upon serving his suspension, Plaintiff returned to work, but was not allowed to return to his customary work group. Rather, Plaintiff's senior manager, his second level supervisor Rosalinda Vint ("Vint"), transferred Plaintiff to another group, in which capacity Plaintiff earned less pay and worked fewer hours.
Plaintiff's operations manager in the new work group was Clementine Aubrey ("Aubrey"). Plaintiff states that Aubrey relentlessly complained about Plaintiff's performance.
On June 1, 2001, Aubrey issued a memo entitled "Performance Expectations" to all of the CSA's under her supervision, including Plaintiff. The memo stated that CSA's were expected to utilize Defendant's "tracker" system to input timecard information into Defendant's computer system. Plaintiff acknowledged reading this memo by signing it on June 12, 2001. In addition, on June 4, 2001, Aubrey performed a "checksit" with Plaintiff during which she observed Plaintiff perform his job. On the checksit form, Aubrey noted that Plaintiff's timecards were missing the "tracker" labels. Plaintiff acknowledged that ...
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