Reaves v. Nexstar Broad., Inc.

• Decision Date: 02 July 2018
• Docket Number: No. 3:17–cv–00494–HZ,3:17–cv–00494–HZ
• Parties: Christopher M. REAVES, Plaintiff, v. NEXSTAR BROADCASTING, INC., a Delaware corporation, and Lin Television Corporation dba KOIN–TV, a Delaware corporation, Defendants.
• Court: U.S. District Court — District of Oregon

327 F.Supp.3d 1352

Christopher M. REAVES, Plaintiff,
v.
NEXSTAR BROADCASTING, INC., a Delaware corporation, and Lin Television Corporation dba KOIN–TV, a Delaware corporation, Defendants.

No. 3:17–cv–00494–HZ

United States District Court, D. Oregon.

Signed July 2, 2018

327 F.Supp.3d 1355

Gene Mechanic, MECHANIC LAW FIRM, 65 S.W. Yamhill Street, Suite 200, Portland, Oregon 97204, Whitney Stark, ALBIES & STARK, 210 S.W. Morrison Street, Suite 400, Portland, Oregon 97204, Attorneys for Plaintiff

Thomas P. Busch, MacCOLL BUSCH SATO, P.C., 10260 S.W. Greenburg Road, Suite 600, Portland, Oregon 97223, Charles W. Pautsch, Lisa A. Baiocchi, PAUTSCH, SPOGNARDI & BAIOCCHI LEGAL GROUP LLP, 233 South Wacker Drive, Suite 2200, Chicago, IL 60606, Attorneys for Defendant

OPINION & ORDER

HERNANDEZ, District Judge:

Plaintiff Christopher Reaves brings this employment discrimination and tort action

327 F.Supp.3d 1356

against his former employer Lin Television Corporation (LIN–TV) as well as Nexstar Broadcasting, Inc. (Nexstar), a company that LIN–TV merged with after the events in this case occurred. Defendants move for summary judgment on the merits of all of Plaintiff's claims. Plaintiff moves for partial summary judgment on the single issue of Nexstar's successor liability for the acts committed by LIN–TV. I grant Defendants' motion as to the retaliation claims which Plaintiff withdraws, grant the motion on the "interactive process claims" to the extent they are asserted as stand-alone claims, grant the motion on the intentional interference with emotional distress claim, and deny the motion on all other claims. I grant Plaintiff's motion.

BACKGROUND

At the relevant time, LIN–TV owned local television station KOIN–TV in Portland. KOIN hired Plaintiff as an assignment editor in its news department in April 2012. Stark May 14, 2018 Decl., Ex. 4, ECF 45 at 2. He was terminated in October 2015.¹ Id. , Ex. 28, ECF 45 at 41–42. According to an undated job announcement for the position, an assignment editor "facilitates producers' needs for the stations [sic] newscasts[;] [and] [g]enerates story ideas, researches, assigns, and directs crews and provides for follow up as needed." Busch Apr. 23, 2018 Decl., Ex. 1, ECF 34–1 at 4. Assignment editors must be able to work various shifts and possess "[s]olid news judgment as well as strong logistical skills," the "ability to work well in a fast paced and intense environment," and the ability "to multi-task and prioritize[.]" Id. Additionally, according to Casey Wenger, Nexstar's Human Resources and Business Administrator at KOIN, assignment editors "are responsible for establishing a network of contacts and constantly interact with numerous organizations throughout the community on a daily basis to gather information, including various local and state police departments." Wenger Apr. 20, 2018 Decl. ¶ 3, ECF 34–2. "As such," Wenger states, "it is an essential part of the job to have a good working relationship with these organizations, especially the police departments." Id. Plaintiff initially worked as a weekend assignment editor as well as a helper three days during the week. Stark May 14, 2018 Decl., Ex. 1, ECF 43–1 (Arbitration Hearing Transcript at 54) (hereinafter "Arb. Trans.").² Plaintiff moved to weekday mornings and then was moved back to the weekend assignment editor position. Id.

I. Work History From Hire to September 1, 2015

Plaintiff's last performance appraisal at KOIN before his October 2015 termination is dated November 2, 2013. Plaintiff met expectations in eighteen categories and exceeded expectations in two categories. Stark May 14, 2018 Decl., Ex. 6, ECF 45 at 3–6. He was not rated as below expectations or unsatisfactory in any category. Id.

327 F.Supp.3d 1357

Plaintiff was never placed on a performance improvement plan. Arb. Trans. at 312 (Pl. Test.). Generally, he received both positive and critical feedback about his work. Id. at 312–14. KOIN's News Director Kate Glover, however, described Plaintiff's work as showing a "progressive pattern of unprofessional behavior that was getting worse as time went by despite corrective measures." Id. at 54. She described his performance as "very inconsistent." Id.

The summary judgment record shows that in 2014 and 2015, Plaintiff received several written warnings for unacceptable conduct. E.g. , Wenger Apr. 20, 2018 Decl., Ex. A (Oct. 29, 2014 written warning regarding unprofessional communication); id. , Ex. B (Nov. 17, 2014 written warning designated as "final" regarding an inappropriate "reply all" email to the Vancouver Police Department and noting that Plaintiff's conduct was reckless and could cause long lasting and far reaching issues for KOIN as a news organization); id. , Ex. C (Feb. 27, 2015 "Final Warning with Suspension" for improperly using his status and association with KOIN to influence a personal matter at a restaurant); id. , Ex. E (Aug. 7, 2015 "Written Warning" addressing inappropriate email regarding a coworker).

There is also evidence of other employees complaining about Plaintiff's conduct. Id. , Ex. D (June 18, 2015 email from Jason Stevens to Glover and Wenger complaining about statement Plaintiff made in a group); Busch Apr. 23, 2015 Decl., Ex 5 (June 27, 2015 email from lead assignment editor Colin Miner to Glover and Stevens, stating that "Christopher's negatives are far outweighing his usefulness on the desk" and complaining about problems with Plaintiff's work and personality).

II. Disability–Related Knowledge by Defendants/Leave Requests Before September 1, 2015

A. Disabilities

Plaintiff has been diagnosed with depression, alcoholism, bipolar disorder, generalized anxiety, and post-traumatic stress disorder (PTSD). Stark May 14, 2018 Decl., Ex. 5 (Pl. Depo.) 123:22–124:5, ECF 43–1 at 359–360. At his arbitration hearing, he testified that in June or July 2012, just a few months after he was hired, he told then-Assistant News Director Jason Kravarik and lead assignment editor Tamara Greenville about his mental health issues because he wanted them to know he was having problems with depression and suicidal thoughts in case he might need time off. Arb. Trans. 316:24–317:19.

After the October 2014 written warning, Plaintiff told Glover that he had been diagnosed with depression, anxiety, and PTSD. Id. , 323:16–324:3–5. Glover asked him if the PTSD was related to military service, to which Plaintiff answered no and explained that it was the result of childhood abuse and trauma. Id. , 324:3–8. Then, in December 2014, Carrie Biggs–Adams, Plaintiff's union representative, had a conversation with Cheryl Robb, LIN–TV's labor relations professional, about Plaintiff's mental health conditions. Id. , 414:7–415:21. Biggs–Adams emailed Robb a treatment summary from Plaintiff's treating therapist stating that he was being treated for major depressive disorder, mild, single episode; generalized anxiety disorder ; and PTSD. Id. ; Stark May 14, 2018 Decl., Ex. 11, ECF 45 at 12 (copy of email to Robb with therapist's treatment summary).

B. Leave Requests

Sometime in the "spring of 2015," Plaintiff disclosed to Glover and Miner that he was an alcoholic and needed to go to inpatient treatment for help. Arb. Trans.

327 F.Supp.3d 1358

326:10–13; 327:8–13. Plaintiff initiated the meeting. Id. He believed his depression was worsening and his alcohol consumption outside of work was very high. Id. , 326:15–23. He was concerned about himself and his health. Id. Glover responded that she had no idea Plaintiff had an alcohol problem. Id. , 328:1–3.

At the time, Plaintiff was working Monday through Friday, 4 am to 12 pm. Id. , 328:10–11. He took medical leave from May 4, 2015 to May 17, 2015. Stark May 14, 2018 Decl., Ex. 12. He was treated at Cedar Hills Hospital and diagnosed with alcohol dependence, history of marijuana dependence versus abuse, and PTSD. Id. at 4. On May 15, 2015, Liisa Heard, Plaintiff's therapist at Cedar Hills, notified KOIN that Plaintiff was ready to return to work on May 18, 2018. Id. , Ex. 13. The letter informed KOIN that Plaintiff had been receiving treatment at Cedar Hills's Outpatient Services since May 11, 2015, and that Heard recommended he return to work on May 18, 2015. Id. She also recommended that Plaintiff continue his participation in the Impaired Professionals Program at Cedar Hills Outpatient for the duration of the eight-week program. Id. She referred to Plaintiff's commitment to outpatient treatment and his active participation in the program. Id. His completion date was set for July 6, 2015, after which he would be encouraged to attend the ongoing "Continuing Care" support group. Id.

Upon return from leave on May 18, 2018, Plaintiff worked his Monday—Friday, 4 am to 12 pm schedule. At some point, Plaintiff was told his shift would be changed. According to Plaintiff's arbitration hearing testimony, Miner told him his shift was going back to Wednesday through Sunday, with split hours. Arb. Trans. 329:2–8. Plaintiff states that he was displeased and wanted to remain on his current shift. Id. at 329:10–12. He was disappointed because KOIN was giving his old shift to a new hire and "this was her, her first job and I'd been doing this...