Harding v. Cianbro Corp.
| Decision Date | 11 January 2007 |
| Docket Number | No. CV-04-158-B-W.,CV-04-158-B-W. |
| Citation | 473 F.Supp.2d 89 |
| Parties | Ronald HARDING, Plaintiff, v. CIANBRO CORPORATION, Defendant. |
| Court | U.S. District Court — District of Maine |
Whitney & Toker, PA., Topsham, ME, for Plaintiff.
Ella L. Brown, Katharine I. Rand, James R. Erwin, Pierce, Atwood LLP, Portland, ME, for Defendant.
ORDER ON PLAINTIFF'S MOTION. FOR EQUITABLE RELIEF
Following a jury verdict in favor of Ronald Harding against Cianbro Corporation on a claim of disability discrimination, the Court orders Cianbro to reinstate Mr. Harding to his former position, but declines to order front pay to Mr. Harding. The Court grants Mr. Harding's motion for prejudgment interest on the compensatory damages portion of the jury verdict, but denies his claim for prejudgment interest on the punitive damages portion of the award. Mr. Harding withdraws his claim for a civil penalty under Maine statutory law.
On September 9, 2002, Ronald Harding, a Cianbro employee with eighteen years seniority, was summoned to his supervisor's office and fired. His termination is now a federal case. Two years to the day later, Mr. Harding filed suit against Cianbro, alleging that by terminating him, Cianbro violated the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq., (ADA), the Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et seq., (Rehabilitation Act), and the Maine Human Rights Act, 5 M.R.S.A. §§ 4551 et seq. (MHRA). Compl. (Docket # 1). On August 22, 2006, after a six-day trial, a jury issued a special verdict, finding that Cianbro had terminated Mr. Harding because of his disability and awarding him $137,000.00 in non-economic damages, $563,000.00 in back pay damages, and $50,000.00 in punitive damages. Jury Verdict (Docket # 149). In accordance with the law in this circuit, the "decision to award or withhold front pay is . . . within the equitable discretion of the trial court." Lussier v. Runyon, 50 F.3d 1103, 1108 (1st Cir.1995) (concerning Title VII and Rehabilitation Act). The parties initially submitted four questions to the Court: (1) whether Mr. Harding is entitled to reinstatement; (2) whether he is entitled to front pay and, if so, how much; (3) whether he is entitled to prejudgment interest on the award of punitive damages; and, (4) whether he is entitled to a statutory civil penalty under 5 M.R.S.A. § 4613(2)(B)(7). Pl.'s Mot. for Equitable Relief (Pl.'s Mot.) (Docket # 171); Def's Resp. to Pl.'s Mot. (Def's Resp.) (Docket # 173). The first two questions are "closely intertwined." Braverman v. Penobscot Shoe Co., 859 F.Supp. 596, 606 (D.Me. 1994).
Born in 1947 in Oakland, Maine, Ronald Harding is a licensed master electrician. After he was graduated from Waterville High School in 1965, Mr. Harding worked initially for Waterville Hardware in the electrical department, where he came to know Peter Schein, a man who became his mentor. Tr.1 61:20, 22-25; 62:1, 17-25; 63:8-10; 547:15-18. In the mid-sixties, Mr. Schein, an electrical field supervisor, hired Mr. Harding to work for Northern Electric, an electrical contractor, Tr. 547:24-25; 548:1-5, and in February 1984, Mr. Schein, then working for Cianbro, hired Mr. Harding to work for Cianbro as an electrical foreman, building three hydroelectric plants in Port Lyden, New York. Tr. 63:6-14; 548:3-10. After working for about four years as an electrical foreman, Cianbro promoted Mr. Harding to general foreman, and about a year to a year and one-half later, Cianbro promoted him again to electrical superintendent, a job he held until his termination. Tr. 63:21-25; 64:1-7. Mr. Harding remained employed at Cianbro from February 1984 to September 9,2002, when he was fired, a period of just over eighteen and one-half years. Tr. 64:5-7.
Cianbro is a heavy industrial contractor headquartered in Pittsfield, Maine. Tr. 64:13-15. With a geographic range from northern Maine to Virginia, Cianbro builds significant industrial projects, including bridges, power plants, and paper mills. Tr. 64:16-17. During his eighteen and one-half years, Mr. Harding worked in Maine, New Hampshire, Vermont, New York, Connecticut, Delaware, New Jersey, and Maryland. Tr. 65:11-14. As an, electrical superintendent, Mr. Harding supervised a crew, worked with engineers to straighten out engineering problems, handled materials, and oversaw safety issues. Tr. 64:18-25. As of September, 2002, his weekly salary was $1,350.00. Tr. 65:5-7.
There is a sharp division of opinion at Cianbro about Ron Harding. No one questions his competence; he is by all accounts an extremely capable electrician. Tr. 549:22-25; 550:1-8; 819:25; 820:1-2. Rather, the division centered on Mr. Harding's personality, his willingness to be a team player, and his general attitude. Within Cianbro, Mr. Harding's strongest advocate was Peter Schein. Before his retirement in April 2001, Peter Schein had risen to Electrical Area Manager, an important position within Cianbro, covering the entire northern New England region. Tr. 545:20-25; 546:1-12. Mr. Schein testified that he received "positive" feedback when he assigned Mr. Harding to a job. Tr. 550:19-21. Over the years, Mr. Schein received complaints about Mr. Harding, but the number was "similar" to other Cianbro employees under his supervision. Tr. 552:23-25; 553:1-3.. Mr. Schein acknowledged he had received complaints about Mr. Harding from Frank Susi,2 Scott Clements,3 Nick Bell,4 and Parker Hadlock.5
Others, especially two project managers, Parker Hadlock and Nick Bell, were extremely critical of Mr. Harding. Mr. Hadlock characterized Mr. Harding as "not collaborative," said he "didn't communicate well" and had a "negative outlook." Tr. 991:21; 997:22. Mr. Bell described Mr. Harding as having a "negative approach," and as being "critical, rather than being 'helpful." Tr. 838:23-25. Martin Roach, a Cianbro Electrical General Foreman, testified that "everybody was uncomfortable working around him" and he was "just miserable" and "mad at the world." Tr. 788:19-20; 796:6-10.
Ronald Harding has been diagnosed with a medical condition called fibromyalgia.6 Dr. Lisa Fitzgerald, a rheumatologist, described fibromyalgia as a syndrome that "encompasses a lot of symptoms," which "together make up a picture of pain in tendons, muscles, and joints." Tr. 123:1-6. The medical records reflect that Mr. Harding began to experience symptoms consistent with fibromyalgia in the mid-1970s to early 1980s. Pl.'s Ex. 4. The first medical reference to fibromyalgia as a diagnosis appears in an office note from Dr. Ringel on December 11, 1995. Pl.'s Ex. 3. Mr. Harding sought help from Dr. Thomas Chasse, a chiropractor, and he maintained regular treatments. Id.
Dr. Fitzgerald performed an extensive evaluation of Mr. Harding on March 25, 2005. Tr. 127:10-12; PL's Ex. 4. The doctor took a history from Mr. Harding that revealed that he had been experiencing pain for "many, many years," which had grown worse, particularly during the winter of 2004-2005. Tr. 130:17-23. His symptoms included back stiffness, both in his mid and lower back, with radiation of pain down his legs into his thigh, arm pain, thumb pain, and increased discomfort with prolonged activity, ranging from sitting to standing. Tr. 130:24-25; 131:1-11. Due to the thumb pain, he experienced difficulty grasping things and would "often drop things." Tr. 131:23-25. The thumb pain was "a cramping, knife-like" pain, which went "right through the base of the thumb." Tr. 131:12-17. Mr. Harding was also experiencing difficulties with sleep. Tr. 132:1-21. He was able to sleep for a "couple of hours," but would awaken "fairly stiff and sore." Tr. 132:5-6. He would sleep anywhere from two to four hours total a night and would "never feel rested." Tr. 132:16-21. Mr. Harding reported difficulty working overhead and walking on harder surfaces. Tr. 133:12-17.
Although Dr. Fitzgerald described Mr. Harding as "quite stoic," she observed on physical examination that he was "kind of stiff," that his "gait was off" and he was "limping a bit." Tr. 134:21-25. She also found "a lot of tender points," a finding consistent with fibromyalgia. Tr. 136:7-23. Dr. Fitzgerald ordered a series of tests, including blood work and x-rays. Tr. 137. Based on the history, examination, and diagnostic tests, Dr. Fitzgerald concluded that Mr. Harding had "significant fibromyalgia, and . . . significant osteoarthritis in his thumbs." Tr. 138:25; 139:1-4. She recommended that he continue with minor pain relievers, such as Aleve or Advil. Tr. 138:10-12. She prescribed a tricyclic medication to assist with sleep. Tr. 138:13-17. She recommended that he remain "as active as he could within limits." Tr. 139:8-14.
Dr. Fitzgerald completed a physician's form that imposed restrictions on Mr. Harding's activities. She did not restrict him from work entirely, but imposed significant physical limitations. Tr. 140:19-21; Pl.'s Ex. 5. She noted that he was not able to sit for periods of more than 30 minutes because of difficulty with stiffness. Id. She said that he could perform the following on an occasional basis—meaning 21 minutes per hour: push/pull, twist/bend, use his right and left arm, stand/walk, sit (a limit of ten minutes), lift and carry (a limit of ten pounds). Id. She imposed more intense restrictions on certain activities, noting that he could engage in these activities only on a minimal basis—meaning 9 minutes per hour: use of right or left hand, kneel/crawl, stoop, work overhead, climb, and use of vibratory tools. Id. Mr. Harding also had increased symptoms with cold weather. Tr. 143:9-19.
Dr. Fitzgerald re-examined Mr. Harding on July 17, 2006, approximately a month before trial. Tr. 144:16-25; 145:1-B; Pl.'s Ex. 6. Mr. Harding had continued to...
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