Freese v. Honda Mfg. of Ind., LLC

• Decision Date: 25 June 2020
• Docket Number: No. 1:18-cv-04016-JMS-MPB,1:18-cv-04016-JMS-MPB
• Parties: CONNIE FREESE, Plaintiff, v. HONDA MANUFACTURING OF INDIANA, LLC, Defendant.
• Court: U.S. District Court — Southern District of Indiana

CONNIE FREESE, Plaintiff, v. HONDA MANUFACTURING OF INDIANA, LLC, Defendant.

No. 1:18-cv-04016-JMS-MPB

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

June 25, 2020

ORDER

On November 21, 2018, Plaintiff Connie Freese filed a Complaint in the Rush County, Indiana Circuit Court against Honda Manufacturing of Indiana, LLC ("HMIN") alleging that HMIN "failed to accommodate [her] medical condition and discharged her in violation of the Americans with Disabilities Act," as well as "discriminated against [her] on the basis of her age and sex, in violation of the Age Discrimination in Employment Act and of Title VII of the Civil Rights Act." [Filing No. 1-2 at 4-5.] HMIN removed the case to this Court, and on December 20, 2019, HMIN filed a Motion for Summary Judgment. [Filing No. 1; Filing No. 31.] That motion is ripe for the Court's decision.

I.

STANDARD OF REVIEW

A motion for summary judgment asks the Court to find that a trial is unnecessary because there is no genuine dispute as to any material fact and, instead, the movant is entitled to judgment as a matter of law. See Fed. R. Civ. P. 56(a). As the current version of Rule 56 makes clear, whether a party asserts that a fact is undisputed or genuinely disputed, the party must support the asserted fact by citing to particular parts of the record, including depositions, documents, or affidavits. Fed. R. Civ. P. 56(c)(1)(A). A party can also support a fact by showing that the materials cited do not establish the absence or presence of a genuine dispute or that the adverse party cannot produce admissible evidence to support the fact. Fed. R. Civ. P. 56(c)(1)(B). Affidavits or declarations must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant is competent to testify on matters stated. Fed. R. Civ. P. 56(c)(4). Failure to properly support a fact in opposition to a movant's factual assertion can result in the movant's fact being considered undisputed, and potentially in the grant of summary judgment. Fed. R. Civ. P. 56(e).

In deciding a motion for summary judgment, the Court need only consider disputed facts that are material to the decision. A disputed fact is material if it might affect the outcome of the suit under the governing law. Hampton v. Ford Motor Co., 561 F.3d 709, 713 (7th Cir. 2009). In other words, while there may be facts that are in dispute, summary judgment is appropriate if those facts are not outcome determinative. Harper v. Vigilant Ins. Co., 433 F.3d 521, 525 (7th Cir. 2005). Fact disputes that are irrelevant to the legal question will not be considered. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986).

On summary judgment, a party must show the Court what evidence it has that would convince a trier of fact to accept its version of the events. Johnson v. Cambridge Indus., 325 F.3d 892, 901 (7th Cir 2003). The moving party is entitled to summary judgment if no reasonable fact-finder could return a verdict for the non-moving party. Nelson v. Miller, 570 F.3d 868, 875 (7th Cir. 2009). The court views the record in the light most favorable to the non-moving party and draws all reasonable inferences in that party's favor. Darst v. Interstate Brands Corp., 512 F.3d 903, 907 (7th Cir. 2008). It cannot weigh evidence or make credibility determinations on summary judgment because those tasks are left to the fact-finder. O'Leary v. Accretive Health, Inc., 657 F.3d 625, 630 (7th Cir. 2011). The Court need only consider the cited materials, Fed. R. Civ. P.56(c)(3), and the Seventh Circuit Court of Appeals has "repeatedly assured the district courts that they are not required to scour every inch of the record for evidence that is potentially relevant to the summary judgment motion before them." Johnson, 325 F.3d at 898. Any doubt as to the existence of a genuine issue for trial is resolved against the moving party. Ponsetti v. GE Pension Plan, 614 F.3d 684, 691 (7th Cir. 2010).

II.

BACKGROUND

The following factual background is set forth pursuant to the standards outlined in Federal Rule of Civil Procedure 56. See Fed. R. Civ. P. 56(a). The facts stated are not necessarily objectively true, but as the summary judgment standard requires, the undisputed facts and the disputed evidence are presented in the light most favorable to "the party against whom the motion under consideration is made." Premcor USA, Inc. v. Am. Home Assurance Co., 400 F.3d 523, 526-67 (7th Cir. 2005).

A. Ms. Freese's Position as Process Associate

HMIN manufactures Honda automobiles at its plant in Greensburg, Indiana. [Filing No. 31-2 at 2.] Ms. Freese worked at the Greensburg plant from July 2011 to November 2017 as a Process Associate in the Body Manufacturing Department. [Filing No. 40-1 at 1; Filing No. 31-3 at 24; Filing No. 31-3 at 40-41.] Process Associates work on assembly lines in one of four departments, and they perform tasks such as stamping, welding, painting, plastic injection molding, sub- and final assembly, testing, and quality assurance. [Filing No. 31-1 at 2.] Each Process Associate is assigned to a small working group and trained on the processes (i.e., tasks) for that particular area of the production line. [Filing No. 31-2 at 3.] Process Associates typically rotate through several processes in a single day so that they can avoid sustaining injuries that occur with repetitive movement and overuse. [Filing No. 31-2 at 3.] HMIN asserts that ProcessAssociates "typically rotate through at least four different processes in a single day (one process each quarter)." [Filing No. 31-2 at 3.] However, Ms. Freese contends that the number of processes that Process Associates rotate through is "up to four processes," and "for some period, they might just do two processes. We might switch every week. Maybe do two different ones. It just varied." [Filing No. 31-3 at 25.] She asserts that in other areas of the plant, employees performed only two or three processes. [Filing No. 40-1 at 4.] The team coordinator would decide which processes the Process Associates in each working group did each day, and if an employee did not like a particular process, his or her team coordinator could permit the employee to work a rotation of only two or three processes. [Filing No. 31-3 at 25; Filing No. 40-1 at 4.]

The job description for Process Associate is as follows:

Process/Equipment Services Associate

General tasks a process/equipment services associate may perform during a regular 8 hour work day, 5 days per week, 60 second cycle, 500 cars/day.

Assemble small to midsize automobiles and automotive parts, upper extremities intensive jobs.

Assembly line, continuous gripping, fine motor tasks - 2-hour increments.

Pushing/pulling carts

Standing continuously - 2 hour increments

Potential frequent overhead reaching

Working around moving equipment such as conveyers and forklifts

Operating machinery such as forklift, overhead cranes and vehicles

Lifting and carrying parts, max 40 lbs

Frequent climbing in and out of vehicles

Bending

Stooping

Squatting

Exposure to dust, oils, loud noises, paint, grease, weld fumes, heat

May work as member of assembly, weld, paint or other group (team) and be assigned different workstations as production needs require or shift from one station to another to reduce fatigue factor

No Process/Equipment Services Associate is guaranteed to perform any, or all of the above duties for any specific time or duration.

[Filing No. 31-2 at 8.]

Ms. Freese worked on the C Line, where Process Associates attached metal parts—such as doors and fenders—to automobiles before they went on to the Paint and Plastics Department. [Filing No. 31-3 at 14; Filing No. 31-5 at 6.] She was assigned to Zone 3 within the C Line, where she rotated through the following processes: fender install, fender set, fender subassembly, and front end/hood adjust. [Filing No. 31-3 at 46-47 Filing No. 31-5 at 16-18.] Those processes involved the following:

• fender install: placing a jig¹ into the front end of the car (at waist level) where the fender is loosely attached, then shooting six bolts into the fender using a bolt gun. [Filing No. 31-3 at 30-31; Filing No. 31-5 at 17-18.] HMIN contends that the jig weighs approximately thirty pounds, [Filing No. 31-5 at 18], while Ms. Freese contends it weighs fourteen pounds, as indicated on a label on the jig, [Filing No. 40-1 at 4].

• fender set: getting a fender (weighing six pounds) from a rack by lifting it to waist level, carrying it to the automobile, and setting the fender on the car to be installed. [Filing No. 31-3 at 34; Filing No. 31-3 at 55; Filing No. 40-1 at 4.]

• fender subassembly: applying adhesive to a piece of metal called a "stiffner" and attaching that to the fender with a rivet gun to add firmness. [Filing No. 31-3 at 37.]

• front end/hood adjust: raising the hood of the automobile overhead and doing checks and adjustments as necessary, such as checking to ensure the bolts are present and adjusting the gap between the fender and the hood with a wrench. [Filing No. 31-3 at 33-34; Filing No. 31-5 at 16.] Ms. Freese asserts that the hood is only lifted to eye level, not overhead.

[Filing No. 38 at 8.] HMIN contends the hood weighs approximately thirty-five pounds, [Filing No. 31-5 at 16], while Ms. Freese contends that it weighs approximately twenty pounds. [Filing No. 40-1 at 4.] Two employees work together to lift and lower the hood. [Filing No. 40-1 at 4.] If adjustments are needed, the Process Associate must hold the hood up with one hand and make adjustments with the other hand, then lower the hood. [Filing No. 31-3 at 34.]

B. HMIN's Policies and Procedures

HMIN's Equal Employment Opportunity Policy in its Associate Handbook states, in relevant part, that "HMIN will not discriminate or allow discrimination on the basis of . . . disability . . . or any other legally protected characteristic in accordance with applicable law," and "HMIN takes appropriate steps to provide...