Garrison v. Baker Hughes Oilfield Operations, Inc.

• Decision Date: 19 April 2002
• Docket Number: No. 01-5032.,01-5032.
• Citation: 287 F.3d 955
• Parties: Tommy GARRISON, Plaintiff-Appellee, v. BAKER HUGHES OILFIELD OPERATIONS, INC., d/b/a Centrilift, Inc., Defendant-Appellant. Tulsa Area Human Resources Association; Oklahoma State Council for Human Resources Management, Amici Curiae.
• Court: U.S. Court of Appeals — Tenth Circuit

287 F.3d 955

Tommy GARRISON, Plaintiff-Appellee, v. BAKER HUGHES OILFIELD OPERATIONS, INC., d/b/a Centrilift, Inc., Defendant-Appellant Tulsa Area Human Resources Association; Oklahoma State Council for Human Resources Management, Amici Curiae.

No. 01-5032.

United States Court of Appeals, Tenth Circuit.

April 19, 2002.

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Steven R. Hickman of Frasier, Frasier & Hickman, Tulsa, OK, for Plaintiff-Appellee.

Steven A. Broussard (William D. Fisher with him on the briefs) of Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C., Tulsa, OK, for Defendant-Appellant.

W. Kirk Turner and Keith A. Wilkes of Newton, O'Connor & Turner, P.C., Tulsa, OK, filed a brief for amici curiae.

Before SEYMOUR, Circuit Judge, BRORBY, Senior Circuit Judge, and LUCERO, Circuit Judge.

BRORBY, Senior Circuit Judge.

A jury awarded Tommy Garrison $3,580.36 under 42 U.S.C. § 12112(d)(3) of the Americans with Disabilities Act for compensatory damages arising from a withdrawn job offer. Mr. Garrison's employer, Baker Hughes Oilfield Operations, Inc., doing business as Centrilift ("Centrilift") now appeals, arguing: (1) there was insufficient evidence to support the verdict; (2) the district court erred in enjoining Centrilift from allowing review of entering employees' workers compensation records by non-medical personnel; (3) the Americans with Disabilities Act does not provide for compensatory damages under § 12112(d)(3); and (4) the district court improperly instructed the jury. Our jurisdiction arises pursuant to 28 U.S.C. § 1291. After careful consideration, we reverse the district court's injunctive judgment and remand for proceedings consistent with this opinion, and we affirm in all other respects.

BACKGROUND

Mr. Garrison applied for an assembly job in a Centrilift manufacturing plant. Shortly after, Centrilift offered Mr. Garrison the assembly position contingent upon the results of a medical examination conducted by Centrilift's physician. Centrilift required all entering employees in assembly positions to undergo the same medical examination. During the course of the medical examination, Centrilift required Mr. Garrison to complete a medical history form. Among other questions, the form asked whether Mr. Garrison had ever suffered: hearing loss; pain in the shoulder, arms, or hands; leg or foot problems; and back pain, strain, or surgery. Mr. Garrison untruthfully checked "no" in response to each of these questions. Centrilift's physician subsequently found no limitations on Mr. Garrison's physical abilities and recommended him for the position.

Centrilift's physician forwarded Mr. Garrison's medical history form to Centrilift's human resources department. The human resources department then obtained Mr. Garrison's past workers' compensation records from the State of Oklahoma. Mr. Garrison had received workers' compensation for several injuries arising from previous employment. He had suffered injuries to his hearing, neck, shoulder, elbow, hand, back, abdomen, lungs, knee, and feet. After learning of Mr. Garrison's previous injuries, Centrilift withdrew its conditional offer of employment.

Mr. Garrison telephoned Steven Wayne Brown, Centrilift's Manager of Human Resources for North American Operations, to inquire why Centrilift withdrew the job offer. Referring to Mr. Garrison's previous workers compensation claims, Mr. Brown explained:

So when we look at those kind of histories, we look at those in terms of where we are placing people for possible future injuries....

...

Well, the positions that we were looking at you for are those positions that would put you in a position to likely be injured again and we don't do that.

Mr. Garrison sued Centrilift in federal district court alleging he was "denied employment on the basis of a disability or a perceived disability ... in violation of the [Americans with Disabilities Act]." After an initial jury verdict in favor of Centrilift, Mr. Garrison appealed to this court. Garrison v. Baker Hughes Oilfield Operations, Inc., 1999 WL 1101221, at *1 (10th Cir. Dec.6, 1999) (unpublished opinion) (hereinafter Garrison I). We reversed the first jury verdict because of an incorrect jury instruction and remanded for a new trial on Mr. Garrison's "claim of violation of 42 U.S.C. § 12112(d)(3)." Id. at *2.

In the second trial, the district court submitted a "mixed motive" instruction to the jury. On a special verdict form the jury found Centrilift withdrew its job offer in part for legitimate reasons. However, the jury also found Centrilift would have employed Mr. Garrison but for motives not job-related and inconsistent with business necessity. The jury awarded Mr. Garrison $3,580.36 in compensatory damages.

In post-verdict proceedings the district court also issued an injunctive judgment against Centrilift. The injunctive judgment ordered Centrilift to comply with the medical examination and inquiry provisions of the Americans with Disabilities Act. Among other specific restrictions, the injunction ordered Centrilift "not to gain medical or workers' compensation information except to convey it to appropriate medical personnel who are reviewing it to determine job applicants' abilities to perform the offered jobs." Centrilift now appeals the jury verdict and the district court's injunctive judgment.

DISCUSSION

I.

Centrilift argues there is insufficient evidence to support the jury verdict in favor of Mr. Garrison's Americans with Disabilities Act claim. Specifically, Centrilift argues it complied with 42 U.S.C. § 12112(d)(3) by similarly examining all entering employees, keeping exam results confidential, and using exam results only in accordance with the Act. Centrilift explains it withdrew Mr. Garrison's job offer because of false answers on his medical questionnaire, rather than because of a disability or perceived disability.¹

"`When a jury verdict is challenged on appeal, our review is limited to determining whether the record — viewed in the light most favorable to the prevailing party — contains substantial evidence to support the jury's decision'". United Int'l Holdings, Inc. v. Wharf (Holdings) Ltd., 210 F.3d 1207, 1227 (10th Cir.2000) (quoting Thunder Basin Coal Co. v. Southwestern Pub. Serv. Co., 104 F.3d 1205, 1212 (10th Cir.1997)). "The jury has the `exclusive function of appraising credibility, determining the weight to be given to the testimony, drawing inferences from the facts established, resolving conflicts in evidence, and reaching ultimate conclusions of fact.'" Id.

Under the Americans with Disabilities Act covered employers "may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of ... employment duties." 42 U.S.C. § 12112(d)(3).² Employers may make this offer of employment conditional on the results of the examination, if —

(A) all entering employees are subjected to such an examination regardless of disability;

(B) information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record ... —

... and

(C) the results of such examination are used only in accordance with this subchapter.

42 U.S.C. 12112(d)(3). Under § 12112(d)(3)(C), an employer's reasons for withdrawing a conditional job offer must be "job-related and consistent with business necessity." 29 C.F.R. § 1630.14(b)(3). Moreover, the employer may only withdraw the conditional job offer if "performance of the essential job functions cannot be accomplished with reasonable accommodation." Id. The Equal Employment Opportunity Commission further explains:

The results of a medical inquiry or examination may not be used to disqualify persons who are currently able to perform the essential functions of a job, either with or without an accommodation, because of fear or speculation that a disability may indicate a greater risk of future injury, or absenteeism, or may cause future workers' compensation or insurance costs.

Equal Employment Opportunity Commission, Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act § 6.4 (1992) (hereinafter Equal Employment Opportunities Commission Technical Assistance Manual).³

The record on appeal shows substantial evidence Centrilift misused Mr. Garrison's entrance examination results. Mr. Brown, Centrilift's Manager of Human Resources for North American Operations, told Mr. Garrison his offer was revoked because of a risk of "possible future injuries," and because "we don't do that." Moreover, at trial when asked what concerned him about Mr. Garrison's examination results, Mr. Brown explained "it was just the multitude of injuries in a short period of time." Under these circumstances, the jury could have determined Centrilift withdrew the job offer because of unsubstantiated speculation about future risks from a perceived disability.⁴ While Mr. Garrison admitted he falsely represented his medical history, it was within the province of the jury to ascribe withdrawal of the job offer to discriminatory use of medical exam results.⁵ Because substantial evidence supports this jury verdict, we leave it undisturbed.

II.

Centrilift argues the district court improperly enjoined lawful post-offer medical inquiries. Centrilift believes the district court exceeded its authority by enjoining review of entering employees' workers' compensation records by non-medical personnel. At issue is whether the confidentiality protections of § 12112(d)(3)(B) support the district court's injunction. We review a district court's imposition of injunctive relief for abuse of discretion. Prows v. Federal Bureau of Prisons, 981 F.2d 466, 468 (10th Cir.), cert. denied, 510 U.S. 830, 114 S.Ct. 98, 126 L.Ed.2d 65 (1993). The discretionary decision is "not left to a court's `inclination, but to its judgment; and its...