Regan v. Faurecia Auto. Seating, Inc., 11–1356.

• Court: United States Courts of Appeals. United States Court of Appeals (6th Circuit)
• Writing for the Court: BOYCE F. MARTIN
• Citation: 26 A.D. Cases 257,114 Fair Empl.Prac.Cas. (BNA) 1651,679 F.3d 475,45 NDLR P 56
• Parties: Alisha REGAN, Plaintiff–Appellant, v. FAURECIA AUTOMOTIVE SEATING, INC., Defendant–Appellee.
• Docket Number: No. 11–1356.,11–1356.
• Decision Date: 10 May 2012

679 F.3d 475
114 Fair Empl.Prac.Cas. (BNA) 1651
26 A.D. Cases 257
45 NDLR P 56

Alisha REGAN, Plaintiff–Appellant,
v.
FAURECIA AUTOMOTIVE SEATING, INC., Defendant–Appellee.

No. 11–1356.

United States Court of Appeals,
Sixth Circuit.

May 10, 2012.

[679 F.3d 477]

ON BRIEF:Courtney E. Morgan, Jr., Debra N. Pospiech, Morgan & Meyers, PLC, Dearborn, Michigan, for Appellant. David B. Calzone, Gregory V. Murray, Bernice McReynolds, Vercruysse Murray & Calzone, P.C., Bingham Farms, Michigan, for Appellee.

Before: MARTIN, COOK, and KETHLEDGE, Circuit Judges.

OPINION
BOYCE F. MARTIN, JR., Circuit Judge.

This is an employment discrimination case. Alisha Regan appeals the district court's grant of summary judgment in favor of her former employer, Faurecia Automotive Seating, Inc., on her disability discrimination claims under the Americans with Disabilities Act and the Michigan Persons With Disabilities Civil Rights Act, and her gender discrimination claims under Title VII of the Civil Rights Act of 1964 and Michigan's Elliott–Larsen Civil Rights Act.

In her complaint, Regan claimed that Faurecia had failed to provide a reasonable accommodation for her alleged disability of narcolepsy, and had discriminated against her on the basis of her gender. On her disability claims, the district court found that Regan failed to present evidence sufficient to demonstrate that (1) she is disabled under the federal and state disability acts; and (2) Faurecia was required under the statutes to provide her requested accommodation. The district court also found that Regan failed to establish a prima facie case of gender discrimination because she failed to demonstrate that (1) she suffered an adverse employment action; and (2) Faurecia treated her differently than similarly situated males. For the following reasons, we AFFIRM the district court's grant of summary judgment in favor of Faurecia.

I.

The opinion of the district court, Regan v. Faurecia Automotive Seating, Inc., No. 10–10967, 2011 WL 1303126, at *2–4 (E.D.Mich. Mar. 7, 2011), provides a summary of the case. We relate the pertinent facts below.

Faurecia is an automotive supplier that specializes in designing and assembling seats for cars. Regan began working for Faurecia in May 2005 as a temporary contract employee in the position of Prototype Seat Builder at the company's facility in Troy, Michigan. In July 2006, Faurecia

[679 F.3d 478]

hired Regan for the position as a permanent employee. At that time, the typical work hours for a Prototype Seat Builder were 6:00 a.m. to 3:00 p.m.

When Regan began working at Faurecia she lived with her husband in Oxford, Michigan, twenty-four miles from the facility. In approximately January 2008, Regan's husband took a new job and the two of them moved to Perry, Michigan, seventy-nine miles from the Troy facility. She testified that her commute from Perry to the Faurecia facility takes between two and four hours.

Regan has been diagnosed with narcolepsy. In 1997, she sought treatment with Dr. Robert R. Reagle, D.O., after suffering from increased difficulty sleeping, fatigue, falling asleep at work and school, reduced energy levels, difficulty concentrating, forgetfulness, irritability, and driving accidents related to sleepiness while driving. Regan completed a sleep study with normal results, and a multiple sleep latency test on which she tested positive for “sleep onset REM periods,” meaning she fell asleep within two and a half minutes of being asked to take a nap, in contrast with the normal period of greater than ten minutes.

Since at least 1999, Dr. Reagle has treated Regan's narcolepsy with Ritalin and Provigil. Dr. Reagle noted that “most of [her] symptoms have improved” since she began taking medications. Regan herself noted that the medications have helped with her narcolepsy, and she no longer falls asleep without warning and has not fallen asleep when driving since 1997. She testified that, at Faurecia, she naps regularly during her lunch hour but she has fallen asleep only once while seated at her computer. She also testified that she does not suffer from hallucinations, sleep paralysis, or cataplexy. Regan informed Faurecia managers of her narcolepsy prior to obtaining her first position with the company.

In 2008, Faurecia's Director of Engineering Shared Services, Tina Stuart, determined that the work schedule in Regan's department—6:00 a.m. to 3:00 p.m.—was not productive because the materials needed for their work did not arrive from other departments until later than 6:00 a.m., thereby making the early morning schedule inefficient. Therefore, Stuart changed the department's standard work hours to 7:00 a.m. to 4:00 p.m. for productivity purposes, effective September 29.

Before September 29, Regan met with Stuart and Gunn Hurite, a Faurecia supervisor who was recently appointed as the supervisor of Regan's department. She informed them that her narcolepsy would make it difficult for her to work the new hours because she would be commuting in heavier traffic. In her deposition, Regan explained that she gets tired more quickly driving in heavier traffic and, because she believed the commute would take longer because of heavier traffic, she would need to pull over and rest during the drive. She requested that she be able to continue working from 6:00 a.m. to 3:00 p.m. or to work from 7:00 a.m. to 3:00 p.m. without taking a lunch break. Stuart told Regan she could apply for eligibility to take leave under the Family and Medical Leave Act or quit.

Regan also told the human resources manager, Debby Vargo, about her difficulty with the new hours. Vargo responded that Regan could take leave under the Family and Medical Leave Act or quit. Vargo gave Regan Family and Medical Leave Act paperwork and told her that she should complete it if she had a medical condition affecting her ability to work, and then they could discuss possible accommodations.

[679 F.3d 479]

Regan got a note from Dr. Reagle stating that Regan has narcolepsy and that “[i]t is in her medical interest to minimize her drive time to and from work. A work schedule of 6 a.m. to 3 p.m. is recommended.” Regan claims she gave this note to Stuart, Hurite, and Vargo; all three testified that they never saw this note.

Regan did not complete the Family and Medical Leave Act paperwork. After allegedly submitting Dr. Reagle's note and not receiving a response from Faurecia, Regan submitted her resignation on September 29, noting that she was resigning because of the “tremendous consequence” the change in work hours would have on her narcolepsy.

Regan filed suit alleging that Faurecia's refusal to let her work an altered schedule violated the federal and state disabilities acts and civil rights acts. The district court granted summary judgment for Faurecia on all claims. Regan appeals.

II.

We...