Dunderdale v. United Airlines, Inc.

• Decision Date: 03 December 2015
• Docket Number: No. 14–2911.,14–2911.
• Citation: 807 F.3d 849
• Parties: Michael DUNDERDALE, Plaintiff–Appellant, v. UNITED AIRLINES, INC., Defendant–Appellee.
• Court: U.S. Court of Appeals — Seventh Circuit

807 F.3d 849

Michael DUNDERDALE, Plaintiff–Appellant,

v.UNITED AIRLINES, INC., Defendant–Appellee.

No. 14–2911.

United States Court of Appeals, Seventh Circuit.

Argued Sept. 30, 2015.

Decided Dec. 03, 2015.

Michael T. Smith, Attorney, Roselle, IL, for Plaintiff–Appellant.

Marc R. Jacobs, Attorney, Ashley Choren Workman, Attorney, Seyfarth Shaw LLP, Chicago, IL, for Defendant–Appellee.

Before BAUER, RIPPLE, and ROVNER, Circuit Judges.

BAUER, Circuit Judge.

Plaintiff-appellant, Michael Dunderdale ("Dunderdale"), filed a discrimination action against defendant-appellee, United Airlines, Inc. ("United"), under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. , ("ADA"), for failure to accommodate. The district court granted summary judgment in favor of United, and Dunderdale appealed. For the reasons that follow, we affirm the district court's ruling.

I. BACKGROUND

Dunderdale began working for United in April 1997 as a ramp serviceman at O'Hare International Airport. The Collective Bargaining Agreement ("CBA") between United and the International Association of Machinists and Aerospace Workers (the "Union") governs the terms and conditions of employment as a United ramp serviceman. Ramp servicemen bid for placement to different work areas throughout United. Once ramp servicemen bid on their desired work areas, the CBA requires United to place them according to their seniority.

United has a written job description that applies to all ramp servicemen, regardless of their work area. The "Job Functions" of a ramp serviceman are:

Load[s], stows, unloads mail, cargo and baggage from conveyor belts, carts; trucks and aircraft. Cleans; services aircraft interiors and removes, assembles and installs passenger cabin supplies. Loads unloads buffet and food supplies. Performs aircraft service duties including cleaning windshields, engine oil checks/servicing and deicing functions. Receives positions and dispatches aircraft. Operates and cleans various mechanical machines and ramp equipment related to aircraft services such as radios, aircraft air conditioners, cargo and belt loaders, fork lifts, trucks, tractors, vans and related automotive equipment. Operates computers and printers to enter, access and manage aircraft load manifest data and instructions, color-coded baggage/transfer systems, aircraft fueling or other service information.

The written job description also states that a ramp service-man's duties involve "pulling, pushing of carts and containers; performs duties in walking, standing, bending, kneeling and stooping positions; lifts freight, baggage and other heavy items—up to 70 pounds."

In December 2002, Dunderdale injured his back at work. Due to his injuries, he did not return to work until February 2004. At that time he did not have any work restrictions, but two weeks after he returned, he injured his back again. As a result, Dunderdale went on leave until June 2005. When he returned, he had several permanent work restrictions. He could not lift more than 30 pounds, he was unable to drive United's vehicles, and he could not bend, stoop, or kneel.

Because of Dunderdale's work restrictions, United assigned him to the Matrix position. At that time, the Matrix position was part of the Product Sort work area. It involves sitting at a computer next to a conveyor belt, scanning the tags on luggage coming down the conveyor belt, and then processing the scans on the computer. In 2005, United's policy was that all ramp servicemen with permanent work restrictions could bid for positions in the Product Sort work area, and then United would assign them to the Matrix position.

In 2007, United decided to separate the Matrix position from the Product Sort work area. As a result, ramp servicemen had to specifically bid for the Matrix position. But, the position was only available to ramp servicemen with permanent work restrictions.

In 2010, United decided to change the bidding policy regarding the Matrix position. Starting in May 2011, all ramp servicemen could bid for the Matrix position, not just those with permanent work restrictions. Debra DiSantis ("DiSantis"), United's Manager of Performance and Labor, recommended the change. DiSantis stated that the "overarching" reason for the change was to "improve the [bidding] system" by having the Matrix position match the language of the CBA regarding work area placement based on seniority, thereby creating "clear, concise guidelines and directions on the process and policy [of the bidding system]." Although no one had filed a formal grievance prior to this decision, DiSantis was notified by the Union that other ramp servicemen had questioned their inability to bid for the Matrix position.

On April 21, 2011, Sheila Siggal ("Siggal"), United's Supervisor for Performance and Labor Relations, met with Dunderdale. Siggal informed Dunderdale that he no longer had sufficient seniority to retain his position at the Matrix since all ramp servicemen could bid on the position beginning May 2011. As a result, Siggal stated that effective May 2011, United would place Dunderdale on Extended Illness Status ("EIS"). While on EIS, Dunderdale would continue to receive various benefits as a United employee, such as health insurance and access to United's intranet, Skynet, for up to three years. United employees can use Skynet to search and apply for open positions at United.

During the April 21, 2011, meeting, Dunderdale told Siggal that he believed he was able to perform the positions of the Auditor, Bulls-eye, and the Manpower Office. All three are no-bid positions, which means that they are not open for bidding, nor are they placed based on seniority. However, Siggal informed Dunderdale that there were no open positions for the Auditor, Bulls-eye, or the Manpower Office.

In May 2011, Dunderdale went on EIS. While on EIS, he did not apply for any other position at United. On August 24, 2011, and on November 22, 2011, United sent Dunderdale letters inviting him to participate in Reasonable Accommodation Process ("RAP") sessions. Dunderdale failed to respond to both letters and did not participate in either proposed RAP session.

In October 2011, Dunderdale met with a human resources manager at United because he believed that United had discriminated against him. During this meeting, Dunderdale requested appointment to a no-bid position, but the request was denied.

On June 7, 2012, Dunderdale filed suit against United for discrimination and retaliation under the ADA. On April 15, 2013, Dunderdale had a RAP session with representatives of United and the Union. At this meeting, Dunderdale again requested appointment to a no-bid position, but was again denied. Apart from these two requests, Dunderdale did not seek any other accommodation from United while he was on EIS.

On September 26, 2013, United informed Dunderdale that he had sufficient seniority to regain the Matrix position. Dunderdale returned to work in October 2013 in the Matrix position. On October 18, 2013, United moved for summary judgment on Dunderdale's discrimination and retaliation claims. In response, Dunderdale waived his retaliation claim and instead focused solely on whether United discriminated against him by failing to reasonably accommodate his disability. On August 4, 2014, the district court granted summary judgment in favor of United. Dunderdale appealed.

II. DISCUSSION

The issue before this court is whether it was appropriate to grant summary judgment in favor of United on Dunderdale's ADA claim for failure to accommodate. Summary judgment is appropriate if there is no genuine dispute as to any material fact, and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(a). We review the district court's ruling de novo , and examine the record in the light most favorable to the non-moving party. Kotwica v. Rose Packing Co., Inc., 637 F.3d 744, 747 (7th Cir.2011) (citations omitted).

In order to establish a prima facie ADA claim for failure to accommodate, a plaintiff must establish that: (1) the plaintiff is a qualified individual with a disability; (2) the employer was aware of the disability; and (3) the employer failed to reasonably accommodate the plaintiff's disability. James v. Hyatt Regency Chicago, 707 F.3d 775, 782 (7th Cir.2013) (citation and quotation omitted); see also 42 U.S.C. § 12112(b)(5)(A).

United admits Dunderdale was disabled and that it was aware of his disability, so the two issues before the court are: was Dunderdale a "qualified individual" with a disability, and did United fail to reasonably accommodate his disability.

A. Whether Dunderdale was a Qualified Individual with a Disability

The ADA defines a "qualified individual" as "an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires." 42 U.S.C. § 12111(8) (emphasis added). To determine what constitutes an essential function of the position, courts consider "the employer's judgment," as well as a "written job description" of the position. Id. Also, the United States Equal Employment Opportunity Commission ("EEOC") regulations provide that the essential functions are the "fundamental job duties" of a position, rather than the position's "marginal functions," and that courts should examine several factors to determine essential functions.¹ 29 C.F.R. § 1630.2(n)(1)-(3).

In this case, lifting more than 70 pounds was an essential function of the ramp serviceman position. United's written job description for ramp servicemen expressly states the lifting requirement, as well as illustrates how heavy lifting is a fundamental duty of the position. For example, it lists that ramp servicemen are expected to load and unload mail, cargo, baggage, freight, cabin supplies, buffet supplies, and food supplies, all of which may weigh up to 70 pounds. Thus, Dunderdale's inability to lift more than 30 pounds prevented him from performing the essential...