Johnson v. Mithun

• Decision Date: 29 November 2005
• Docket Number: No. Civ. 04-2766JRTFLN.,Civ. 04-2766JRTFLN.
• Citation: 401 F.Supp.2d 964
• Parties: Jennifer JOHNSON, Plaintiff, v. Campbell MITHUN, Defendant.
• Court: U.S. District Court — District of Minnesota

401 F.Supp.2d 964

Jennifer JOHNSON, Plaintiff, v. Campbell MITHUN, Defendant.

No. Civ. 04-2766JRTFLN.

United States District Court, D. Minnesota.

November 29, 2005.

COPYRIGHT MATERIAL OMITTED

Chad W. Strathman and Jeremy D. Sosna, Strathman & Sosna, Minneapolis, MN, for Plaintiff.

Daniel N. Lovejoy and Steven R. Anderson, Faegre & Benson LLP, Minneapolis, MN, for Defendant.

MEMORANDUM OPINION AND ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

TUNHEIM, District Judge.

Plaintiff Jennifer Johnson brought this action against her former employer, defendant Campbell Mithun ("CM"), asserting claims under the Family Medical Leave Act ("FMLA"), the Americans with Disabilities Act ("ADA"), the Minnesota Human Rights Act ("MHRA"), and common law invasion of privacy. Defendant moves for summary judgment on plaintiff's claims. For the reasons discussed below, the Court grants in part and denies in part defendant's motion.

BACKGROUND

Defendant Campbell Mithun is an advertising business, specializing in print and television ads. In May 2001, Johnson became a Vice President and Creative Director of the Packaged Foods Group at CM. By all accounts, she was very good at her job, and well liked by colleagues and clients, including St. Ives and Betty Crocker.

In June 2002, Johnson was diagnosed with multiple sclerosis (MS). She disclosed her diagnosis to her supervisor, Rick Gibson. Her symptoms at the time of the diagnosis are somewhat disputed, but according to Johnson, she had problems with her vision, fatigued easily, had numbness in her leg, and experienced other common symptoms of the disease. Johnson claims that her MS symptoms made it impossible for her to work, and on doctor's orders, she went on leave shortly after her diagnosis.

Johnson took FMLA leave beginning in June 2002. At that time, she was extensively involved in a large commercial advertisement project for St. Ives. Johnson discussed her leave with Gibson, and they agreed that because she was planning on returning in July, and because little work would need to be done on the St. Ives project in that timeframe, CM would not reassign any of Johnson's work.

At the end of June, while still on leave, Johnson attended an event with CM colleagues and St. Ives representatives in an effort to maintain client contact. The event went well, and Johnson states that she does not believe that the St. Ives representatives were aware that she had a disability. Johnson also claims that she did not want CM to tell anyone else about her diagnosis, and that she specifically told her CM colleagues at the event not to disclose her diagnosis.

In early July, Johnson realized that she was not yet able to return to work, as she had initially planned. Gibson was anxious about Johnson's return because of the heavy workload, and so he reassigned her work, including the St. Ives project, to other people. On July 23, Gibson sent an email to Johnson and other members of her group, including Christy Martin, Senior Vice President and Creative Director in the Packaged Goods Group, informing them that Johnson would be on leave until the end of August, and that Cathy Grisham, another CM employee but not a member of the Packaged Goods Group, would take over for her. The email also stated that "assuming" Johnson returned as anticipated, Grisham would step back, and Johnson would resume work on the St. Ives project.

After this email was sent, another CM employee, Vanessa Mitchell, called a contact at St. Ives and informed the contact that Johnson had been diagnosed with MS and would be on leave until the end of August. CM then sent a letter disclosing Johnson's MS to various other people at St. Ives, the market research team at Alberto Culver, and CM. Although the exact number is disputed, roughly twelve to fifteen people saw or received the letter.

Johnson claims that she never authorized this disclosure, was not informed of the disclosure until after it had taken place, and was shocked and horrified that her medical information had been communicated to a client.

Johnson stayed in close contact with the team working on the St. Ives project during her leave, and through this contact learned in early August that St. Ives liked the draft commercial, and that shooting of the commercial would take place in Italy in September. Around the same time, Gibson called Johnson and told her she was off the St. Ives project. Although Johnson requested to stay on the project, Gibson refused, telling her that he wanted the new St. Ives team to be able to make decisions without her.

Grisham took over Johnson's work on the St. Ives project and moved into the Packaged Goods Group. Gibson reportedly told Grisham that he was concerned that Johnson would not be able to work on the commercial, because it would be a "grueling" 24/7 project, and because St. Ives was a particularly difficult client.

On September 3, 2002, Johnson returned to work at CM. All of her work had been reassigned, so she had only low-level work to do. Gibson told Johnson that he would get more work for her within a month. In his deposition, Gibson stated that he told Johnson to get enough rest, and that he would monitor her workload to make sure she was not overburdened. Gibson further stated that he wanted to "ease" her back in to work at CM, but acknowledged that Johnson did not ask to be eased back into work. Gibson did not allow Johnson to work at all on the St. Ives project, including post-production commercial work, or print ad work. Gibson also did not provide St. Ives with written notice that Johnson had returned. Finally, Johnson claims that during September and October, Gibson refused to put her on high-level projects for other clients, such as Betty Crocker, even though that work was available.

In October 2002, CM did the filming on the St. Ives commercial in Italy. Johnson asked to go on the trip, and other members of the St. Ives team wanted her to go, but Gibson refused, and sent Grisham instead. Grisham had conflicts with the St. Ives representatives during the shoot, and was ultimately taken off the project. One of the St. Ives representatives, Jim Gonedes, filmed a video tribute to Johnson at the end of the shooting in Italy, expressing appreciation for the work she had done, as well as sympathy and concern for her health. Johnson never worked on the St. Ives project again.

During the late summer or early fall of 2002, Gibson learned that he would have to lay off some employees. He was given a total amount of salary that had to be cut from his department, but no other guidelines as to which employees to lay off. This was the second or third round of lay-offs at CM. Gibson ultimately decided to terminate Johnson. Gibson claims that he based his decision on "who was working on what" at that time, and whose lay-off would be the least "disruptive." Gibson also claims that he selected Johnson for lay-off because of her relatively high salary and relatively low seniority. Gibson admits he did not consider whether it would be possible to reassign Johnson to another position within CM, although CM's written termination policy requires such consideration. Johnson was laid off on October 23, 2002.

In summer 2003, Johnson called Gibson about returning to work at CM. At that time, she was working for a different ad agency, but she missed CM and wanted to return. During this time, Johnson had received calls from headhunters regarding positions in CM. Gibson did not return Johnson's phone call. Johnson also called Martin about returning to CM. Martin spoke with Gibson and told him that Johnson wanted to return to CM, but Gibson said it was not possible. Martin conveyed Gibson's response to Johnson. Later that summer, Gibson hired two Creative Directors for CM.

ANALYSIS

I. SUMMARY JUDGMENT STANDARD

Summary judgment is appropriate in the absence of any genuine issue of material fact, and when the moving party can demonstrate that it is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). A fact is material if it might affect the outcome of the suit, and a dispute is genuine if the evidence is such that it could cause a reasonable jury to return a verdict for either party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A court considering a motion for summary judgment must view all of the facts in the light most favorable to the non-moving party and give that party the benefit of all reasonable inferences that can be drawn from the facts. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The nonmoving party may not rest on mere allegations or denials, but must show through the presentation of admissible evidence that specific facts exist creating a genuine issue for trial. See, e.g., Anderson, 477 U.S. at 256, 106 S.Ct. 2505; Krenik v. County of Le Sueur, 47 F.3d 953, 957 (8th Cir.1995); Ring v. Sears, Roebuck & Co., 250 F.Supp.2d 1130, 1138 (D.Minn.2003).

II. ADA

The ADA prohibits employers from taking an adverse employment action against any "qualified individual with a disability" because of that disability. 42 U.S.C. § 12112(a). Courts apply the familiar burden-shifting framework articulated in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973) to claims under the ADA. Fenney v. Dakota, Minnesota & E. R.R. Co., 327 F.3d 707, 711-12 (8th Cir.2003). Under this framework, the plaintiff initially bears the burden of establishing each element of the prima facie case. Kiel v. Select Artificials, Inc., 169 F.3d 1131, 1134 (8th Cir.1999) (en banc). The second step of the analysis requires the employer to "rebut the presumption of discrimination by articulating a legitimate, non-discriminatory reason for the adverse employment action." Id. at 1135. The third step shifts the burden back to the employee to present sufficient evidence that a reasonable jury could conclude that her...