Heffernan v. U.S. Bank Nat'l Ass'n

• Decision Date: 10 July 2014
• Docket Number: Case No. 1:13cv001
• Parties: ANN HEFFERNAN, Plaintiff, v. U.S. BANK NATIONAL ASSOCIATION, Defendant.
• Court: U.S. District Court — Southern District of Ohio

ANN HEFFERNAN, Plaintiff, v. U.S. BANK NATIONAL ASSOCIATION, Defendant.

Case No. 1:13cv001

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

Dated: July 10, 2014

Chief Judge Susan J. Dlott

ORDER GRANTING IN PART AND

DENYING IN PART DEFENDANT'S

MOTION FOR SUMMARY

JUDGMENT

Plaintiff Ann Heffernan brings this action against her former employer, Defendant U.S. Bank National Association ("U.S. Bank"), claiming age and disability discrimination under federal and Ohio law, Family and Medical Leave Act ("FMLA") interference and retaliation, and Employee Retirement Income Security Act ("ERISA") interference and retaliation, all in connection with her allegedly wrongful termination. Defendant moves for summary judgment as to all of Plaintiff's claims.

For the following reasons, Defendant's Motion for Summary Judgment (Doc. 19) is DENIED as to Plaintiff's age discrimination claims and GRANTED as to all other claims.

I. BACKGROUND¹

Plaintiff Heffernan worked for Defendant U.S. Bank and its predecessor entities for over forty years, beginning in 1968 and ending with her termination in December 2011 at the age of sixty-three. She held a number of different positions with the bank during her long tenure. She worked her way up to branch manager by 1988, and she served in that capacity at two different branches until 2005 when she stepped down to the role of floating branch manager because sheno longer wanted the full responsibility that the branch manager position entailed. (See Heffernan Dep. 32, Ex. 1, Doc. 11 at PageID 75, Doc. 24 at PageID 1021.) The last position she held was that of assistant branch manager at the Procter & Gamble ("P&G") Sharon Woods banking facility (hereinafter, the "Sharon Woods Branch"). It is undisputed that throughout the course of her career her performance and attendance was good.

Plaintiff contends that she was terminated for unlawful reasons related to her age, alleged disability and medical problems, and because of her proximity to attaining eligibility for substantial benefits. Defendant, on the other hand, claims she was terminated for a serious violation of bank policy in which she authorized the forced balancing of a subordinate's teller drawer. Facts relevant to both positions are recounted below.

A. Heffernan's Knee Surgeries, Medical Leave, and Alleged Continuing Disability

Plaintiff provides little information about her medical issues, and it is unclear from the record when and how Heffernan first developed knee issues. What is disclosed is that she had two "bad knees" as early as 2006. (Heffernan Dep. 16, Doc. 11 at PageID 59.) Prior to that time, Heffernan had worked as a floating branch manager, a position that required her to travel between the ten banking facilities within her district to fill vacancies as needed. (Id. at 15-16, Doc. 11 at PageID 58-59.) She first injured one of her knees when she fell as work during the course of her work as a floating manager. (Id. at 32-33, Doc. 11 at PageID 75-76.) In 2006, U.S. Bank eliminated that position, and Heffernan became the assistant branch manager of the P&G Mason and the Governor's Hill branches. (See id. at 16, 20-21, Doc. 11 at PageID 59, 63-64.)

In her deposition, Heffernan indicated that at different points over the course of the next several years, she was offered a promotion to branch manager. (Id. at 28, Doc. 11 at PageID 71.) In the context of those discussions, she told three different district managers, including Barbara Sugatin and Tim Speight, that she "was unable to perform the role of Branch Manager due to the limitation of her knees." (Id. at 26-27, Doc. 11 at PageID 69-70.) Specifically, she stated that she "just couldn't be on [her] feet all day long . . . [a]nd as far as going out and calling on, you know, different businesses and stuff like that, it was just—I just couldn't do it [because] it was painful." (Id. at 28, Doc. 11 at PageID 71.)

Heffernan had two knee surgeries in 2010, and she requested FMLA leave for both surgeries. U.S. Bank approved both requests.² She took six to seven weeks of leave for each surgery. (Id. at 36, Doc. 11 at PageID 79.) She did not experience any problems upon returning to work on either occasion. (Id. at 36-37, Doc. 11 at PageID 79-80.) At some point after the second surgery, Heffernan transferred to the assistant branch manager position at the Sharon Woods Branch. (Id. at 37, Doc. 11 at PageID 80.)

With regard to the post-surgery status of her knees, Heffernan testified as follows:

Q. So since you've had your knees replaced in 2010, what health problems have you had with your knees?

A. I didn't follow doctor's orders from the beginning. He wanted to replace them a year before, and I didn't do it. I waited. And my knees were in terrible shape. And he told me, the longer I waited, that the worst, you know, it would be for me to recoup and, I guess, to get the full benefit of having new knees. And I was just a hard-headed individual who didn't have it done.

Q. Did you ever get the full benefit of having two new knees?

A. Well, I mean, other than I know my knees aren't going to give out on me anymore like they did before. It's just still sometimes very painful if I have to walk a long distance. Going up and down stairs is still difficult for me. Getting new parts doesn't always mean that they're going to work good.

Q. Okay. So other than being painful if you go up and down stairs or walk long distances, is there any other problems with your knees since you had them replaced?

A. I mean, I think just the typical things that you have. Cold weather affects them real bad. Cold, rainy days are really bad.

(Id. at 96-97, Doc. 11 at PageID 139-40.)

The only restriction Heffernan had upon returning from work was that she could not go up and down stairs. (Id. at 98, Doc. 11 at PageID 141.) She gave a letter from her doctor documenting that restriction to Sugatin, who was her supervisor at that time. (Id.) The only aspect of Heffernan's job that she cited as involving stairs was when she was required to work in an evening call center in Norwood. (Id. at 75, 98, Doc. 11 at PageID 118, 141.) Sugatin told Heffernan that she could make her calls from a different location if it was too difficult for her to navigate the stairs at the call center. (Id. at 75, 99, Doc. 11 at PageID 118, 142.) However, Heffernan continued to go to the call center because she "didn't want to be known as somebody who was not able to do what [she] was being told and asked of to do." (Id. at 99, Doc. 11 at 142.)

B. Heffernan's Termination

The events immediately preceding and ostensibly leading to Heffernan's termination began on October 27, 2011 with an unbalanced bank drawer. At that time, Heffernan was working as the assistant branch manager at the Sharon Woods Branch. The Sharon Woods Branch has two offices—a main branch and a smaller satellite office that typically is staffed with only one individual. (Aardema Dep. 11, Doc. 15 at PageID 484; Heffernan Dep. 11, Doc. 11 at PageID 54.) Prior to Heffernan's termination, the branch was staffed with three people: Branch Manager James Aardema, Assistant Branch Manager Heffernan, and Banker³ Debra Bryant.⁴ (Heffernan Dep. 13-14, 18-20, Doc. 11 at PageID 56-57, 61-63.) Aardema and Bryant primarily worked out of the main office, while Heffernan worked at the satellite office. (Id. at 11, 13-14, Doc. 11 at PageID 54, 56-57.) As assistant branch manager, Heffernan performed both management and banking duties, including processing loans, opening accounts, and operating a teller drawer. (Id. at 22, Doc. 11 at PageID 65.) She occasionally was responsible for supervising Bryant when Aardema was not present. (Id. at 22-23, Doc. 11 at PageID 65-66.)

1. U.S. Bank's Policies on Auditing Bank Drawers, Correcting Errors, and Forced Balancing

Heffernan, like all U.S. Bank employees, was responsible for understanding the policies and procedures relevant to her position. (Heffernan Dep. Ex. 2 at 2, Doc. 24 at PageID 1024.)U.S. Bank provided extensive compliance training to Heffernan, she received and was required to review the Code of Ethics and Business Conduct every year, and she had access to employee manuals and handbooks. (Id. at 16-17, Doc. 11 at PageID 59-60; Bittner Dep. 13-14, Doc. 14 at PageID 384-85.)

Of particular importance in this case are U.S. Bank's policies and practices regarding the daily accounting of bank drawers, the correction of banking errors, and the practice of "forced balancing." One way that the bank ensures accountability is by requiring bankers to keep the same drawer every day. (See Bittner Dep. 61-62, Doc. 14 at 432-33.) Cash from each banker's drawer is stored in a locked vault that only is accessible to the banker assigned to the drawer or through a detailed dual-control procedure requiring keys, a combination, and two bank employees. (Id. at 43, Doc. 14 at PageID 414; Speight Dep. 57-58, Doc. 18 at PageID 787-88.) Employees are prohibited from conducting transactions on or accessing another banker's drawer because each banker is responsible for his or her own drawer. (Cope Dep. 27-28, Doc. 31 at PageID 1183;⁵ Bittner Dep. 61-62, Doc. 14 at 432-33.) The assignment of a specific drawer to each banker allows the operations department to audit a drawer and investigate an error even if it is not found on the same day it is made. (Bittner Dep. 61-62, Doc. 14 at PageID 432-33.)

Bankers are responsible for checking the balance status of their drawers at the end of each day. Bankers count the cash left in their drawer, record the totals on a balance sheet, and enter the totals into a balancing program called Wizard Teller on their computer. (Id. at 18, Doc. 14 at PageID 389; Cope Dep. at 20-21, Doc. 31 at PageID 1181-82; Lewis Dep.⁶ at 41, Ex. 2,Doc. 16 at PageID 579, Doc. 22 at PageID 933-46; Speight Dep. 54, Doc. 18 at PageID 784.⁷) The Wizard Teller program guides bankers through the balancing process and alerts them if they are out of...