McWilliams v. Latah Sanitation, Inc.

• Decision Date: 19 May 2008
• Docket Number: No. 02-CV-455-C-EJL.,02-CV-455-C-EJL.
• Citation: 554 F.Supp.2d 1165
• Parties: Robert McWILLIAMS, Plaintiff, v. LATAH SANITATION, INC. d./b./a. Moscow Recycling, Defendant.
• Court: U.S. District Court — District of Idaho

554 F.Supp.2d 1165

Robert McWILLIAMS, Plaintiff, v. LATAH SANITATION, INC. d./b./a. Moscow Recycling, Defendant.

No. 02-CV-455-C-EJL.

United States District Court, D. Idaho.

May 19, 2008.

COPYRIGHT MATERIAL OMITTED

Mark Mumford, Mabbutt and Mumford Attorneys, Pullman, WA, for Plaintiff.

Charles L. Graham, Landeck Westberg Judge & Graham, Moscow, ID, for Defendant.

MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATION

EDWARD J. LODGE, District Judge.

On March 5, 2008, United States Magistrate Judge Larry M. Boyle issued his Report and Recommendation in this matter. Pursuant to 28 U.S.C. § 636(b)(1), the parties had ten days in which to file written objections to the Report and Recommendation Defendant filed its Objection to Report and Recommendation on March 13, 2008 (Docket No. 105). Plaintiff filed his response to the Defendant's objection on March 24, 2008 (Docket No. 106). Pursuant to 28 U.S.C. § 636(b)(1) this Court may accept, reject, or modify, in whole or in part, the findings and recommendations made by the magistrate. The Court has conducted a de novo review of the record in order to rule upon the objections of the Plaintiff.

Magistrate Judge Boyle found genuine issues of material fact exist regarding whether or not Plaintiffs physical impairments between February 17, 2001 and April 4, 2001 substantially limited any major life activities. Defendant Latah Sanitation, Inc. ("Latah Sanitation") objects to the Report and Recommendation not granting summary judgment in Defendant's favor. Specifically, Defendant argues Plaintiff Robert McWilliams ("McWilliams") does not have a record of disability as defined by the American with Disabilities Act ("ADA") and the duration of the alleged disability between February 17, 2001 and April 4, 2001 a short-term impairment that cannot as a matter of law rise to the level of a disability under the ADA. Plaintiff responds that Defendant misapplies the undisputed facts and while Plaintiff returned to work on April 4, 2001, he was still suffering from his impairment due to his heart attack. Plaintiff does not claim his disability was limited to February 17, 2001 to April 4, 2001, nor does he concede he was not disabled on the date of his termination, June 1, 2001. The remainder of the Report and Recommendation is not contested by the parties.

Factual Background

The Court adopts the factual background set forth in the Report and Recommendation, Docket No. 104, pp. 2-4:

In August 1995, Plaintiff, Robert McWilliams, was hired as a warehouse worker by Moscow Recycling; Moscow Recycling is a subsidiary owned by Defendant, Latah Sanitation, Inc. Pl's Mot. for Summ. J., p. 2 (Docket No. 68). Plaintiff continued to work for Defendant until June 1, 2001. Id.

In January 1998, Plaintiff slipped and fell at work, breaking his leg. Id. After hospitalization and a period of recovery, Plaintiff returned to work in May 1998. Id Following a subsequent corrective surgery in August 1998, Plaintiff again returned to work in February 1999. Id. at 2-3.

Relevant to this action, Plaintiff suffered a heart attack on February 17, 2001. Id. at 3. Six weeks later, Plaintiffs treating physician, Dennis Peterson, released him to return to work fulltime and without restrictions. Pl's Resp. to RFA No. 4, attached as Ex. 1 to Second Dec. of Charles L. Graham (Docket No. 67). When Plaintiff returned to work on April 4, 2001, he resumed his normal duties, neither requesting nor receiving any special accommodations. PL's Resp. to RFA No. 5, attached as Ex. 1 to Second Dec. of Charles L. Graham (Docket No. 67). By June 1, 2001—the date Plaintiff was terminated—he had been working full-time at Moscow Recycling for two months. PL's Mot. for Summ. J., p. 6 (Docket No. 68). For the two months leading up to his June 1, 2001 termination, Plaintiffs physical condition had improved and his health had stabilized. Id

Defendant's June 1, 2001 termination letter to Plaintiff reads:

Dear Mr. McWilliams:

It has come to my attention through a review of your attendance records that you have had an excessive number of absences, totaling 42 days in the past 6 months. We have been lenient and we have tried to accommodate your needs, however, it has become apparent that you are no longer able to perform your job, even with the accommodations provided by Moscow Recycling.

As a result, we are choosing to sever the employer/employee relationship as of June 1, 2001. Enclosed is your final check for hours worked May 26, 2001 through June 1, 2001, as well as an additional $1,600.00 in severance pay and 8 accrued vacation days. Your medical insurance benefit with Blue Cross of Idaho has been paid through June 30, 2001.

It is with deep regret that we are no longer able to employ you. We wish you only the best in the future.

6/1/01 Ltr. from Lori Winn to Robert McWilliams, attached as Ex. 4 to Aff. of Robert McWilliams (Docket No. 68, Att. 2).

Plaintiff claims Defendant wrongfully fired him due to Plaintiffs disability which required him to be absent from work. Plaintiff claims discrimination under federal and state law, intentional and negligent infliction of emotional distress, and wrongful discharge. Plaintiff moves for summary judgment on his discrimination claims.

On the other hand, Defendant claims Plaintiff was not disabled and, therefore, was not wrongfully terminated from his at-will employment with Defendant. Instead, Defendant claims that Plaintiff was fired due to excessive absenteeism and a poor work ethic. Defendant requests summary judgment on all counts.

Standard of Review

The Magistrate Judge correctly set forth the appropriate standards of review for the motions addressed in the Report and Recommendation. Accordingly, the Court adopts by reference such standards of review.

Analysis

Plaintiff alleges Latah Sanitation wrongfully terminated his employment due to his disability which required him to be absent from work for 42 days between February 17, 2001 and April 4, 2001 and such disability continued after he returned to work. In order to prevail on an ADA discrimination claim, an employee must show (1) that he was disabled within the meaning of the ADA; (2) that he was "qualified," meaning he was able to perform the essential functions of the job at issue, with or without a reasonable accommodation; and (3) that the employer terminated him because of his disability. See Wellington v. Lyon County School Dist, 187 F.3d 1150, 1154 (9th Cir.1999). The term "disability" is defined in 29 C.F.R. § 1630.2(g):

Disability means, with respect to an individual—

(A) A physical or mental impairment that substantially limits one or more of the major life activities of such individual;

(B) A record of such an impairment; or

(C) Being regarded as having such an impairment.

Only one of these parts must be satisfied for McWilliams to be considered an individual with a disability. 29 C.F.R. pt. 1630 app. § 1630.2(g). Judge Boyle evaluated Plaintiffs claims under subsections (A) and (B) since there is no evidence that Defendant regarded Plaintiff as having a disability.¹ See Report and Recommendation, pp. 1179-80.

The determination of whether a person has a disability under the ADA is an individualized inquiry. Bragdon v. Abbott, 524 U.S. 624, 641-42, 118 S.Ct. 2196, 141 L.Ed.2d 540 (1998). The Supreme Court in Sutton v. United Air Lines, Inc., 527 U.S. 471, 487, 119 S.Ct. 2139, 144 L.Ed.2d 450 (1999), held that "the ADA's coverage is restricted to only those whose impairments are not mitigated by corrective measures." "A person whose physical or mental impairment is corrected by medication or other measures does not have an impairment that presently `substantially limits' a major life activity." Id. at 482-83, 119 S.Ct. 2139. Thus, the analysis of whether a person is substantially limited in a major life activity and thus disabled under the ADA is evaluated in the person's corrective state.

It is undisputed that Plaintiffs insulin-dependent diabetes and heart condition qualify as "physical impairments." The question for this Court is whether the Plaintiffs physical impairments substantially limit one or more of Plaintiffs major life activities. The term "substantially limits" is defined in 29 CFR § 1630.2(j):

(i) Unable to perform a major life activity that the average person in the general population can perform; or

(ii) Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.

Section 1630.2(j)(2) lists three factors to consider in determining whether an individual is substantially limited in a major life activity: "(i) The nature and severity of the impairment; (ii) The duration or expected duration of the impairment; and (iii) The permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment."

A. Was Plaintiff suffering from a disability when he was terminated?

While McWilliams argues in his response to Defendant's objection that he has not conceded he was not disabled when he was terminated and that Plaintiff does not claim that his disability was limited to February 17, 2001 to April 4, 2001. In reviewing the admissions of Plaintiff, his affidavit and his deposition testimony, the Court finds there is no evidence McWilliams was disabled on his termination date of June 1, 2001, but there is some evidence submitted by Plaintiff that he continued to suffer from the physical impairment due to his recovery from his heart attack when he first returned to work on April 4, 2001.

McWilliams admitted in his answers to interrogatories that he was released to work without restrictions by his doctor on April 4, 2001 and there were no further medical determinations he was disabled or restricted at work before he was terminated. Plai...