Hewitt v. Alcan Aluminum Corp.

• Decision Date: 08 November 2001
• Docket Number: No. 99-CV-1486.,99-CV-1486.
• Citation: 185 F.Supp.2d 183
• Parties: Leonard E. HEWITT, Plaintiff, v. ALCAN ALUMINUM CORPORATION, Defendant.
• Court: U.S. District Court — Northern District of New York

185 F.Supp.2d 183

Leonard E. HEWITT, Plaintiff, v. ALCAN ALUMINUM CORPORATION, Defendant.

No. 99-CV-1486.

United States District Court, N.D. New York.

November 8, 2001.

Order Denying Reconsideration January 11, 2002.

COPYRIGHT MATERIAL OMITTED

Sullivan & Metcalf, Oswego, NY (John T. Sullivan, Jr., of counsel), for Plaintiff.

John C. Tillman, Alcan Aluminium Corporation, Cleveland, OH, for Defendant.

MUNSON, Senior District Judge.

Background

Defendant Alcan Aluminum Corporation ("Alcan") runs a prodigious aluminum rolling plant in Oswego, New York, having about 740 employees. The plant complex is situated upon 500 acre parcel of land with 1.4 million feet undercover. The installation has assorted manufacturing units, including recycling of used aluminum beverage containers, the casting of molten aluminum into ingots, and two big rolling mills that manufacture a range of aluminum sheet products. The plaintiff was employed full-time there from July 1981, until his employment was concluded on June 19, 1998.

Plaintiff was hired to fill an "entry level" position and after a week of becoming familiar with the plant's general operations, he submitted "bids" for several job openings. He was selected, trained and certified by Alcan as a fork lift operator. This position required him to drive a fork lift truck and other industrial conveyances to move, pick up and deliver assorted products, equipment and materials to diverse locations throughout the plant area. Subsequently, Alcan processed and recertified plaintiff for this position in 1985, 1989 and 1996.

The size of the Alcan operation requires an appreciable quantity of employee activity and vehicle and personnel movement within the plant limits, making the safe operation of all mobile equipment essential to the secure and effective running of the facility. In Alcan's Employee Handbook of Policies and Practices, the Alcan Mission and Safety Policy stresses the importance of employees guaranteeing a safe and healthy workplace. The Handbook specifically provides that disregarding safety rules and practices, negligently causing injury or possible injury to other employees, and damaging company property, will result in disciplinary action up to and including dismissal. (Def.Ex. C).

Starting in January 1995, until his discharge in June 1998, plaintiff was involved in a series of accidents resulting from the unsafe and reckless operation of fork lift trucks or other equipment used in the course of his employment causing property damage and/or near miss accidents. He also displayed disruptive and inappropriate conduct while attending a team safety meeting on October 3, 1995. In addition to corrective action instructions after several of his accidents, plaintiff also received written warnings that future occurrences of property damage could result in additional discipline up to and including termination. (Def.Ex.A)

Plaintiff's last fork lift accident at the Alcan plant occurred on June 17, 1998. The fork lift plaintiff was operating knocked over a high stack of heavy aluminum ingots known as sow blocks that weigh 1,000 to 2,500 lbs. each. There was no personal injury, but the falling sow blocks crushed a three foot by seven foot hole through the building side causing extensive damage to the inside and outside of the building. When plaintiff continued to operate his forklift in an unsafe manner, he was ordered off the machine forthwith, sent home, later suspended, and, after the accident was investigated, was terminated on June 19, 1998, for unsafe and reckless performance that presented a serious and direct threat to himself and other employees.

In January 1999, plaintiff filed a charge with the Equal Employment Opportunity Commission ("EEOC") alleging discrimination in violation of the Americans with Disabilities Act. Plaintiff claimed that he had a mental impairment — post traumatic stress disorder ("PTSD") and depression — that when not treated with medication, substantially limits his major life activity of working; that Alcan was aware of his condition and discharged him because of his disability; that his alleged unsafe behavior took place because his medication was not always effective; that he could safely perform other work at the plant, but Alcan was unable or unwilling to make reasonable accommodations for him. The EEOC concluded its inquiry by finding that there was no evidence that plaintiff was discharged based on his disability, and that Alcan's discharge of plaintiff based on his unsafe and reckless work performance was a legitimate, non discriminatory reason for its action.

The EEOC issued plaintiff a Notice of Right-to-Sue letter dated June 14, 1999. This action was commenced with a filing of a summons and complaint on September 16, 1999, seeking monetary damages, injunctive relief and counsel fees. Currently before the court is defendant's motion pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff has entered opposition to this motion defendant has also moved in its reply brief to strike Plaintiff's Exhibit A from the record in this case claiming that the medical records contained therein are not properly authenticated. Defendant's latter motion will be denied because the non-moving party is in a favorable position, being entitled "to have the credibility of his evidence as forecast assumed, his version of all that is in dispute accepted, all internal conflicts in it resolved favorably to him, the most favorable of possible alternative inferences from it drawn in his behalf; and finally, to be given the benefit of all favorable legal theories invoked by the evidence as considered." Charbonnages de France v. Smith, 597 F.2d 406, 414 (4th Cir.1979).

Discussion

Rule 56 of the Federal Rules of Civil Procedure permits summary judgment where the evidence demonstrates that "there is no genuine issue of any material fact and the moving party is entitled to judgment as a matter of law." Anderson v. Liberty, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 2509, 91 L.Ed.2d 202 (1986). Summary judgment is properly regarded as an integral part of the Federal Rules as a whole, which are designed too "secure the just, speedy and inexpensive determination of every action." Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 2555, 91 L.Ed.2d 265 (1991) (quoting Federal Rule of Civil Procedure 1). In determining whether there is a genuine issue of material fact a court must resolve all ambiguities and draw inferences against the moving party. United States v. Diebold, 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962) (per curiam). An issue of credibility is insufficient to preclude the granting of summary judgment. Neither side can rely on conclusory allegations or statements in affidavits. The disputed issue of fact must be supported by evidence that would allow a "rational trier of fact to find for the non-moving party." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). Unsupported allegations will not suffice to create a triable issue of fact. Goenaga v. March of Dimes Birth Defects Foundation, 51 F.3d 14, 18 (2d Cir.1995). Nor will factual disputes that are irrelevant to the disposition of the suit under governing law preclude any entry of summary judgment. Anderson, 477 U.S. at 247, 106 S.Ct. at 2509.

Summary judgment is appropriate in discrimination cases, for, "the salutary purposes of summary judgment — avoiding protracted, expensive and harassing trials — apply no less to discrimination cases than ... other areas of litigation." Meiri v. Dacon, 759 F.2d 989, 998 (2d Cir.1985). The "impression that summary judgment is unavailable in discrimination cases is unsupportable." McLee v. Chrysler Corp., 38 F.3d 67, 68 (1994). The Supreme Court has also recently reiterated that trial courts should not "`treat discrimination differently from other ultimate questions of fact.'" Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 147, 120 S.Ct. 2097, 2109, 147 L.Ed.2d 105 (2000) (quoting St. Mary's Honor Center v. Hicks, 509 U.S. 502, 524, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993)).

Determination of employment discrimination claims made pursuant to administrative proceedings or contractual grievance processes are not given any preclusive effect under doctrines like res judicata, in future suits to redress grievances under Title VII. Stafford v. Muscogee County Board of Education, 688 F.2d 1383, 1392 (11th Cir.1982). The remedies in an administrative action or under a grievance procedure are different than those available under Title VII or 42 U.S.C. § 1983. Id., at 1392, and, in any event, the federal courts are intended as the final arbiter of rights under Title VII, not administrative agencies or tribunals. Hutchings v. United States Industries, Inc., 428 F.2d 303, 313-314 (5th Cir.1970).

The ADA prohibits discrimination by covered entities against qualified individuals with a disability. 42 U.S.C. § 12112(a). Only extremely limiting disabilities in either the short or long term qualify for protected status under the ADA The portion of the ADA applicable to the instant case states in pertinent part that "[n]o covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to ... the discharge of employees ..." 42 U.S.C. § 12112(a). In order to create a prima facie case of discriminatory discharge under the ADA, a plaintiff must initially show (1) that his employer is subject to the ADA; (2) he suffers from a disability within the meaning of the ADA; (3) he is "otherwise qualified" to perform the job, and (4) that he was fired because of his disability. Reeves v. Johnson Controls World Services, Inc., 140 F.3d 144, 149-150 (2d Cir.1998). "[T]he mere fact that an employer is aware of an employee's impairment is insufficient to demonstrate either that the employer regarded the employee...