Rosamond v. Pennaco Hosiery, Inc.

• Decision Date: 02 October 1996
• Docket Number: Civ. A. No. 3:95CV124-D-A.
• Citation: 942 F.Supp. 279
• Parties: Sandra ROSAMOND, Plaintiff, v. PENNACO HOSIERY, INC., a DIVISION OF DANSKIN, INC., Defendant.
• Court: U.S. District Court — Northern District of Mississippi

942 F.Supp. 279

Sandra ROSAMOND, Plaintiff, v. PENNACO HOSIERY, INC., a DIVISION OF DANSKIN, INC., Defendant.

Civ. A. No. 3:95CV124-D-A.

United States District Court, N.D. Mississippi, Western Division.

October 2, 1996.

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Lawrence J. Hakim, Charlie Baglan & Associates, Batesville, MS, for Plaintiff.

David P. Jaqua, Michael Farrell, Kullman, Inman, Bee, Downing & Banta, Memphis, TN, for Defendant.

MEMORANDUM OPINION

DAVIDSON, District Judge.

Presently before the court is the motion of the defendant Pennaco Hosiery, Inc. ("Pennaco") for the entry of summary judgment on its behalf with regard to the plaintiff's claims at bar. Finding the motion only partially well taken, the court shall grant the motion in part and deny the motion in part.

I. Factual Background

The defendant Pennaco Hosiery, Inc. ("Pennaco") hired the plaintiff as an employee on or about September 19, 1991. She worked at Pennaco's Grenada, Mississippi plant where she worked most recently as an "auto gusset operator," a position which involved constant repetitive motion of the upper extremities. While employed at Pennaco, the plaintiff developed bi-lateral carpal tunnel syndrome. Pennaco sent Ms. Rosamond to see Dr. Aubrey Lucas, who became the plaintiff's treating physician for this condition. Dr. Lucas treated the plaintiff from about September 28, 1993, until about April 6, 1995. During his course of treatment of the plaintiff, Dr. Lucas performed surgery on both of the plaintiff's hands in the fall of 1993.

After her surgery, the plaintiff never returned to full duty at her prior position for any extended length of time. For the next several months, Ms. Rosamond worked at her prior position (with imposed limitations) as well as other "light duty" positions within Pennaco. On or about April 18, 1994, the plaintiff reached "maximum medical recovery" in the opinion of Dr. Lucas. Apparently the plaintiff then attempted to return to full duty but could not. Dr. Lucas saw the plaintiff at least two more times prior to her termination by Pennaco. As a result of the first of these two visits, Dr. Lucas noted:

The only thing I have left to offer her are indefinite restrictions.... These would be no repetitive and forceful work as described in the return to work slip. Whether or not Pennaco Hosiery can accommodate these restrictions is unknown.

Defendant's Exhibit B-17, Office note of Dr. Lucas dated 6/3/94. After the latter, Dr. Lucas observed:

The patient freely admitted during her return to work attempts at Pennaco she was able to do all the work except lifting the heavy bags. The restrictions that I give below are some that the patient does not seem to use. She can seek any and all employment if she would like since her nerve test is normal. However, since she does have a diagnosis of carpal tunnel and it is presumed to come from the work at Pennaco I feel the advice to not do so much of that work is valid. For two thirds of the day she should avoid repetitive work. That is work which repeats itself every fifteen seconds or less. This applies to production line work and assembly line work and will apply to office work. I feel that the patient can perform any duties to office type. She can perform duties related to the fast food industry or restaurant work and again, if she would like she can perform duties which are outside the scope of her restrictions.

Defendant's Exhibit B-18, Office note of Dr. Lucas dated 8/15/94 (emphasis added). As of June 3, 1994, Pennaco placed the plaintiff on medical leave. While on medical leave, the plaintiff applied for two other positions with Pennaco — one in customer service and one as a quality monitor. Pennaco did not hire her for either position. The next year, Pennaco notified the plaintiff by letter that she was terminated from her employment with Pennaco effective June 3, 1995. Stated as justification for the termination was that Ms. Rosamond had exceeded the company's policy of a one year maximum limitation on medical leave.

II. Summary Judgment Standard

Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). The party seeking summary judgment carries the burden of demonstrating that there is an absence of evidence to support the non-moving party's case. Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). Once a properly supported motion for summary judgment is presented, the burden shifts to the non-moving party to set forth specific facts showing that there is a genuine issue for trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986); Brothers v. Klevenhagen, 28 F.3d 452, 455 (5th Cir.1994). "Where the record, taken as a whole, could not lead a rational trier of fact to find for the non-moving party, there is no genuine issue for trial." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986); Federal Sav. & Loan Ins. v. Kralj, 968 F.2d 500, 503 (5th Cir.1992). The facts are reviewed drawing all reasonable inferences in favor of the party opposing the motion. Matagorda County v. Russell Law, 19 F.3d 215, 217 (5th Cir.1994).

III. The Plaintiff's Claims

A. The Americans With Disabilities Act

The plaintiff in the case at hand asserts a claim under the Americans With Disabilities Act ("ADA"). The ADA prohibits employers from "discriminat[ing] against a qualified individual with a disability because of the disability." 42 U.S.C. § 12112(a). Interpretation and precedent relevant to the Rehabilitation Act is equally applicable to the ADA. See, e.g., Chandler v. City of Dallas, 2 F.3d 1385, 1391 (5th Cir. 1993). For the plaintiff to establish¹ her claim of discrimination in employment under the ADA, the three-tier McDonnell-Douglas standard is utilized: 1) the plaintiff must establish a prima facie case of discrimination, 2) the burden then shifts to the defendant to articulate a legitimate and nondiscriminatory reason for its actions, and 3) the burden returns to the plaintiff to prove that the proffered reason was a mere pretext for discrimination and that the real reason was to discriminate. McDonnell-Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); Polanco v. City of Austin, 78 F.3d 968, 976 (5th Cir.1996); Marcantel v. Louisiana Dep't of Trans. & Dev., 37 F.3d 197, 199 (5th Cir.1994).

In order to establish a prima facie case under the ADA, the plaintiff must show:

1) that she suffers from a "disability";

2) that she is a "qualified individual" for the position; and

3) that she suffered an adverse employment action because of her disability.

Stradley v. Lafourche Communications, 869 F.Supp. 442 (E.D.La.1994) (citing Chandler, 2 F.3d at 1390). For summary judgment purposes, the plaintiff need only present sufficient evidence to create a genuine issue of material fact as to each of these elements. Chiari v. City of League City, 920 F.2d 311, 315 (5th Cir.1991). In the case at bar, the defendant centers its argument entirely upon the first factor of the prima facie case — the plaintiff's "disability." It is this factor, then, that the court will address.

1. Does the Plaintiff suffer from a disability?

In order to be protected under the Rehabilitation Act, and likewise the ADA, a person need not have a "traditional" handicap. Walker v. Aberdeen-Monroe County Hosp., 838 F.Supp. 285, 288 (N.D.Miss.1993). A person is considered "disabled" under the ADA if that person:

1) has a physical or mental impairment that substantially limits one or more of the major life activities of [the plaintiff];

2) has a record of such impairment; or

3) is regarded as having such an impairment. 42 U.S.C. § 12102(c); Bridges v. City of Bossier, 92 F.3d 329, 332 (5th Cir.1996); Rogers v. Int'l Marine Terminals, Inc., 87 F.3d 755, 758 (5th Cir.1996). In the case at bar, the plaintiff argues that she not only meets one of the requirements, but that she meets all three of them. However, it is only incumbent upon this court to determine if enough evidence was presented to raise a genuine issue of material fact on any one of the three methods by which the plaintiff may prove that she is disabled. Thankfully, the text of the statute is not the only source of direction for this court in determining whether the plaintiff is "disabled" under the ADA. The United States Supreme Court directs this court to the applicable regulations created for the implementation of the ADA.² School Board of Nassau County v. Arline, 480 U.S. 273, 280, 107 S.Ct. 1123, 1127, 94 L.Ed.2d 307 (1987). A relevant regulation³ provides that a "major life activity" is a "function such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working." 29 C.F.R. § 1630.2(i); see Chandler, 2 F.3d at 1390 (quoting 45 C.F.R. § 84.3(j)(2)(ii) (1992)). The meat of the defendant's argument is that the plaintiff is unable to demonstrate that she possesses impairments that substantially limit the "major life activity" of working. As the plaintiff notes, the defendant does not address other "major life activities" that might be substantially limited by plaintiff's impairments, nor does it discuss the other available avenues by which the plaintiff may demonstrate that she is disabled within the context of the ADA.

It must also be noted that the plaintiff alleges that even if she was not sufficiently physically impaired as required under the ADA, then the defendant regarded her as being so impaired. The facts reflect that the defendant was aware of the plaintiff's injury and that she has quite an extensive history of injuries. After a...