Harding v. Winn-Dixie Stores, Inc.

• Decision Date: 28 November 1995
• Docket Number: No. 95-1014-CIV-T-17(E).,95-1014-CIV-T-17(E).
• Citation: 907 F. Supp. 386
• Parties: Robert A. HARDING, Plaintiff, v. WINN-DIXIE STORES, INC., a Florida corporation, Crawford & Company, a Georgia corporation, Doug Jamerson, in his official capacity as Secretary of the Department of Labor and Employment Security, The State of Florida, Defendants.
• Court: U.S. District Court — Middle District of Florida

907 F. Supp. 386

Robert A. HARDING, Plaintiff, v. WINN-DIXIE STORES, INC., a Florida corporation, Crawford & Company, a Georgia corporation, Doug Jamerson, in his official capacity as Secretary of the Department of Labor and Employment Security, The State of Florida, Defendants.

No. 95-1014-CIV-T-17(E).

United States District Court, M.D. Florida, Tampa Division.

November 28, 1995.

Alex Lancaster, Amy L. Sergent, Lancaster & Eure, Sarasota, FL, for Robert A. Harding.

Peter W. Zinober, Frank E. Brown, Nancy A. Roslow, Zinober & McCrea, P.A., Tampa, FL, for Winn-Dixie Stores, Inc., Crawford & Company.

Barbara Ann Ard, Henry A. Gill, Jr., Attorney General's Office, Dept. of Legal Affairs, Tampa, FL, Stephanie A. Daniel, General Counsel's Office, Department of Legal Affairs, Tallahassee, FL, for Douglas L. Jamerson, State of Florida.

ORDER

KOVACHEVICH, District Judge.

This cause comes before the Court on two (2) motions to dismiss Plaintiff's Amended Complaint (Docket No. 11): (1) Defendants, State of Florida and Doug Jamerson's ("State Defendants"), Motion to Dismiss the Amended Complaint (Docket No. 12), filed with a Memorandum of Law in Support of State Defendants' Motion to Dismiss Amended Complaint (Docket No. 19), and Plaintiff's response (Docket No. 16) thereto; and (2) Defendants Winn-Dixie Stores, Inc. ("Winn-Dixie") and Crawford & Company's Motion to Dismiss Amended Complaint with Supporting Memorandum of Law (Docket No. 22) and Plaintiff's response (Docket No. 23) thereto.

I. BACKGROUND

Plaintiff's Amended Complaint (Docket No. 11) alleges that Plaintiff, Robert A. Harding, was employed by Defendant Winn-Dixie as a grocery/stock clerk. His responsibilities as a clerk allegedly consisted of managing the dairy and frozen food department, unloading trucks, and stocking and ordering in the normal course of business for Winn-Dixie's place of business in North Port, Florida. On or about January 9, 1993, Plaintiff injured his left shoulder as a result of an on-the-job injury. After his injury, Plaintiff was treated by doctors and underwent surgery in treatment for his injury.

On or about November 3, 1993, Plaintiff's physician opined that the Plaintiff had reached maximum medical improvement with a resulting five (5%) percent permanent impairment rating according to Florida Impairment Guidelines. Plaintiff alleges that on that date he became entitled to payment of fifty-two (52) weeks of "wage loss" benefits in accordance with Florida Statutes, Section 440.15(3)(b) (1990). Additionally, Plaintiff alleges that he is disabled as defined under the Americans with Disabilities Act of 1990 ("ADA"); 42 U.S.C. Section 12112 et seq. in conjunction with 29 C.F.R. Sections 1630.1, 1630.4, 1630.5, 1630.7; and 42 U.S.C. Section 12132 et seq. in conjunction with 28 C.F.R. Section 35 due to his aforementioned permanent physical impairment. Furthermore, Plaintiff has alleged that he is a "qualified individual with a disability" under Title I and II of the ADA, 42 U.S.C. Section 12111(8) and 42 U.S.C. Section 12131(2), respectively. Ultimately, Plaintiff alleges that he is discriminated against and disparately impacted by the disproportionate application of the Florida Worker's Compensation Act ("FWCA") because he is not eligible for the same benefits as other disabled persons who are either less disabled or not disabled at all but who do have a higher impairment rating.

Consequently, Plaintiff alleges that he was discriminated against on the basis of his disability, in violation of the ADA. Regarding Title I of the ADA, Plaintiff contends that by engaging in the enforcement of Florida Statutes, Section 440.15 (1990) after the enactment of the ADA, Defendants denied his right to have equal eligibility for "wage loss" benefits to which other disabled injured workers were entitled. Additionally, Plaintiff alleges that the State Defendants have violated Title II of the ADA by enacting and enforcing Florida Statutes, Section 440.15 (1990), which operates to deny Plaintiff worker's compensation benefits available to other persons under the FWCA. Therefore, Plaintiff seeks a judgment declaring that Florida Statutes, Section 440.15 (1990) is violative of the ADA.

In response to Plaintiff's Amended Complaint, Defendants' motions to dismiss set forth the following arguments: (1) Plaintiff fails to state a cause of action for discrimination under the ADA; (2) Plaintiff is not a qualified individual with a disability within the meaning of the ADA; (3) the ADA does not reach allegations of discrimination between or among classes of persons with different disabilities or levels of disability; (4) the ADA does not guarantee equal benefits for all disabled persons; and (5) the ADA does not preempt the FWCA, which provides benefits equal to or greater than those provided for under the ADA.

II. STANDARD OF REVIEW

Upon review, the Court should not grant a motion to dismiss for failure to state a claim unless the plaintiff can prove no set of facts in support of a claim entitling plaintiff to relief. National Organization for Women, Inc. v. Scheidler, ___ U.S. ___, ___, 114 S.Ct. 798, 803, 127 L.Ed.2d 99 (1994). In ruling on the motion to dismiss, the Court must view the allegations set forth in the complaint in the light most favorable to the plaintiff. Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974). Additionally, the Court must accept all well-pleaded allegations in a plaintiffs complaint as true. Gonzalez v. McNary, 980 F.2d 1418 (11th Cir.1993). However, the Court will not accept conclusory allegations or legal conclusions masquerading as factual conclusions. Fernandez-Montes v. Allied Pilots Association, 987 F.2d 278 (5th Cir.1993).

III. DISCUSSION

1. The ADA

The ADA is a federal statute designed to prevent discrimination in the employment of qualified individuals based upon a disability. 42 U.S.C. Section 12101(b)(1). Title I of the ADA, 42 U.S.C. Sections 12111-12117, is a relevant portion of the Act for purposes of this action, as it governs employment and is the statutory basis for the first four (4) counts in Plaintiff's Amended Complaint. Additionally, Title II of the ADA, 42 U.S.C. Sections 12131-12134, is the statutory basis for the fifth count in Plaintiff's Amended Complaint which alleges a violation of that Title by the State Defendants.

In essence, the ADA was designed to prohibit the prejudicial treatment of disabled persons and enable those persons, with or without reasonable accommodation, to compete in the workplace and the job market based on the same performance standards and requirements expected of persons who are not disabled. See U.S. Equal Employment Opportunity Commission ("EEOC") Interpretive Guidance to Title I, Appendix to 29 C.F.R. Part 1630.¹ Initially, 42 U.S.C. Section 12112(a), provides the following:

No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

42 U.S.C. Section 12112(a).

Two primary theories of recovery are available under the provisions of the ADA. The first theory of recovery, known as "disparate treatment", prohibits intentional acts of discrimination by covered entities. 42 U.S.C. Section 12112(a). Alternatively, disabled persons claiming a violation of the ADA may recover under the theory of "disparate impact". 42 U.S.C. Section 12112(b); 29 C.F.R. Sections 1630.1, 1630.5, and 1630.7.

Under the "disparate impact" theory, employers lacking the element of intent will be held in violation of the ADA when that employer unreasonably: (1) classifies a person based upon a disability in a manner that affects the person's employment opportunities; (2) uses standards that result in discrimination based upon a disability; (3) denies certain benefits based upon a disability; or (4) uses criteria that tend to screen out disabled persons where the criteria are not job-related and based upon business necessity. Id. Accordingly, although actions may not be intentional, relief will be awarded when such actions have the effect of discriminating against protected individuals and are not grounded in business necessity. Griggs v. Duke Power, 401 U.S. 424, 91 S.Ct. 849, 28 L.Ed.2d 158 (1971).

Accordingly, to effectively state a cause of action under the ADA, the Plaintiff must show that he: (1) is disabled as defined under the ADA; (2) is qualified, with or without reasonable accommodation, to perform the essential functions of the job at issue; (3) was terminated or denied certain employment benefits, for which he was otherwise eligible, by a covered entity; and (4) such termination or denial of benefits was based upon a disability. 42 U.S.C. Section 12112(a); Chandler v. City of Dallas, 2 F.3d 1385, 1390 (5th Cir.1993); Barry v. Burdines, Consolidated Lead Case No. 94-1508-CIV-T-25C (M.D.Fla. July 31, 1990). The term "covered entity" is further defined within the ADA at 42 U.S.C. Section 12111(2) as "an employer, employment agency, labor organization, or joint labor management committee." Therefore, as noted by the Court in Barry, the Defendant Crawford & Company, which merely serves as an insurance company administering the instant FWCA benefits, does not fall under this definition and is entitled to dismissal on this ground alone. Id. at n. 3. Furthermore, neither of the State Defendants meet the statutory definition of a "covered entity" as set forth in Title I and are also entitled to dismissal on this ground.

In addition, the ADA defines the term "disability" as: (1) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (2) a record of such impairment; or (3) being regarded as having such an impairment. 42 U.S.C. Section 12102(2); ...