James v. Hyatt Regency Chi.

• Decision Date: 03 April 2013
• Docket Number: No. 12–1511.,12–1511.
• Citation: 707 F.3d 775
• Parties: Carris JAMES, Plaintiff–Appellant, v. HYATT REGENCY CHICAGO, Defendant–Appellee.
• Court: U.S. Court of Appeals — Seventh Circuit

707 F.3d 775

Carris JAMES, Plaintiff–Appellant,

v.HYATT REGENCY CHICAGO, Defendant–Appellee.

No. 12–1511.

United States Court of Appeals, Seventh Circuit.

Argued Oct. 22, 2012.

Decided Feb. 13, 2013.

Rehearing and Rehearing En Banc Denied April 3, 2013.

Joseph A. Longo (argued), Longo & Associates, Mount Prospect, IL, for Plaintiff–Appellant.

Michael G. Congiu (argued), Adam C. Wit, Attorneys, Littler Mendelson, Chicago, IL, for Defendant–Appellee.

Before BAUER and ROVNER, Circuit Judges, and RANDA, District Judge. ^*

BAUER, Circuit Judge.

James has been an employee of Hyatt Regency Chicago (“Hyatt”) since 1985. In April 2007, James took a leave of absence due to an eye injury that occurred outside of work. James filed suit in 2009 claiming that Hyatt violated his rights under the Family Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 et seq., as well as the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. During discovery, the district court denied James' motions to compel and awarded Hyatt a portion of attorney's fees it expended responding to Plaintiff's motions pursuant to Federal Rule of Civil Procedure 37(a)(5)(B), and subsequently granted Hyatt's motion for summary judgment on all of James' claims. For the following reasons, we affirm.

I. BACKGROUND

James has been continuously employed as a banquet steward at Hyatt, a hotel in downtown Chicago, since 1985. When James applied to Hyatt, he noted on his application that he had a vision problem that is correctable with eyeglasses and magnifying glasses. Hyatt was aware that James was nearsighted and accommodated him by increasing the print size of his work assignments and schedules.

As a banquet steward, James is responsible for maintaining the cleanliness of Hyatt's banquet and other food-service areas, as well as transporting food items and equipment. Specifically, according to the testimony of his supervisors as well as Hyatt's written job description, James' position required him to lift pots and pans and transport garbage cans around Hyatt's banquet and food-service area.

In March 2007, James was involved in an altercation outside of work and was punched in the eye. James developed a retinal detachment in his left eye in the weeks following the altercation. In April 2007, James underwent corrective surgery and had to miss work in order to recuperate.

Hyatt's Human Resources Department learned that James' absence was attributable to a medical issue, and provided him with information regarding FMLA leave. As required under the FMLA, Hyatt's policies provide for twelve weeks of job-protected leave for eligible employees. On April 24, 2007, James provided Hyatt's Human Resources Coordinator with a note from his doctor, Dr. Scott, stating that James could return to “light duty” on May 10, 2007. The note did not list any specific restrictions, nor did it say how long James must remain on light duty. The next day James requested FMLA leave; the request was granted and Hyatt applied FMLA retroactively to cover James' absence prior to his submission of the certification form.

On May 9, 2007, James provided Hyatt with an authorization for the release of his health information “for the purposes of authorizing a medical leave.” James provided Hyatt, and its short-term disability provider, with a substantial amount of disability benefit paperwork that represented that he was unable to work in any capacity. James subsequently received disability benefits based upon those representations.

On May 11, 2007, James submitted an FMLA certification form to Hyatt which stated that James required continued FMLA leave because he was unable to work in any capacity. Dr. Scott noted on the form that James' condition was probably longstanding and most likely occurred before his initial visit with the doctor. The form further stated that this condition could possibly incapacitate James permanently.

James' twelve week FMLA leave ended July 13, 2007. The collective bargaining agreement between his union and Hyatt, however, entitled James to remain on job-protected leave for up to one year from his original absence. On August 2, 2007, James submitted to Hyatt a release from Dr. Scott that stated that James was allowed to return to work on August 5, 2007, with the restriction of being “visually impaired.” James testified that Hyatt's Human Resources Coordinator told him that he could not return to work with restrictions. James did not return to work on August 5, and then continued to submit paperwork from Dr. Scott representing that James was incapable of working in any capacity. Forms provided by Dr. Scott stated he was “not sure” when James could return to work (May 11, 2007 and June 14, 2007 forms), that James would be unable to work until August 20, 2007 (June 1, 2007 form), and that James would be disabled until August 5, 2007 (August 2, 2007 form). Based upon James' request, and Dr. Scott's representations of James' condition, Hyatt completed all necessary disability paperwork.

On September 25, 2007, James faxed Hyatt a note from Dr. Matchinski, a different doctor, indicating that James could return to work with the restrictions of “no heavy lifting or excessive bending.” Dr. Matchinski's note made no reference to any “visual impairment.” Hyatt then attempted to contact James in September, and again in December, to seek additional information as to the specifics behind his restrictions and the conflicting paperwork he was submitting. However, months went by and James offered Hyatt no further clarification of his condition. On January 15, 2008, James Parsons, Hyatt's Workers' Compensation and Safety Manager, sent a letter directly to Dr. Scott requesting clarification of James' medical condition. Parsons enclosed with the letter a return-to-work certification form as well as a job analysis for James' position. On January 28, 2008, Dr. Scott responded stating that James could return to work but could not complete any task that required vision better than 20/200. After receiving Dr. Scott's letter, Hyatt scheduled a meeting with James to discuss his return. During that meeting James requested, and was granted, two weeks of paid vacation.

On February 17, 2008, James returned to work in the same position, shift, and seniority level as before his leave of absence. James testified that he felt he was treated fairly during the FMLA application process and that no one at Hyatt has said anything negative to him regarding his leave, eye surgery, or visual impairment. Nonetheless, James filed suit in 2009, alleging claims of retaliation and interference with his rights under the FMLA and discrimination and retaliation under the ADA. Ultimately, the district court found that James failed to present a genuine issue of material fact as to any of his claims, and granted summary judgment to Hyatt.

II. DISCUSSION

James' claim in this case is unique in that he does not deny he asked for and was granted FMLA benefits by Hyatt; rather he contends that he was left on FMLA leave too long. In support of this claim, James argues that Hyatt failed to promptly return him to work after his submission of various “releases” from his physicians. The district court granted summary judgment in favor of Hyatt and dismissed James' FMLA and ADA claims. The district court also denied James' motion to compel further discovery, and subsequently imposed Rule 37 sanctions. James now appeals the district court's decision to grant summary judgment, as well as the district court's denial of his motions to compel discovery and the assessment of sanctions. We review each of James' arguments in turn.

A. FMLA Interference Claim

James first contends that the district court improperly granted summary judgment on his FMLA interference claim. We review a district court's grant of summary judgment de novo. Darst v. Interstate Brands Corp., 512 F.3d 903, 907 (7th Cir.2008). Summary judgment is appropriate when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). We view the record in the light most favorable to the non-moving party and draw all reasonable inferences in that party's favor. Darst, 512 F.3d at 907.

The FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise rights under the FMLA. 29 U.S.C. § 2615(a)(1). An employee on FMLA leave has the right to be restored to the same or an equivalent position that the employee had before he took leave. 29 U.S.C. § 2612. However, if an employee cannot perform an essential function of their original position because of a physical or mental condition, the employee has no right to restoration to a different position under FMLA. 29 C.F.R. § 825.216(c).

In order to succeed in an FMLA interference claim, James “must show that: (1) he was eligible for the FMLA protections; (2) his employer was covered by FMLA; (3) he was entitled to take leave under FMLA; (4) he provided sufficient notice of [his] intent to take leave; and (5) [his] employer denied [him] FMLA benefits to which he was entitled.” Goelzer v. Sheboygan Cnty., Wis., 604 F.3d 987, 993 (7th Cir.2010). Hyatt does not dispute that James was eligible and entitled to take FMLA leave, and that James supplied notice of his intent to take FMLA leave. So our focus turns to the fifth element, whether a reasonable jury could find that Hyatt denied James any FMLA benefit.

As we have noted, this is a unique claim in that James concedes he was granted the full twelve weeks of FMLA leave; rather James contends he was wrongfully prohibited from returning to work prior to the expiration of his FMLA leave on July 13, 2007. Specifically, James argues that Hyatt interfered with his FMLA entitlement when it did not promptly reinstate him to his position when he presented the April 24 doctor's note that released him to “light duty” starting on May 11, 2007.¹ In support of his...