Schwarzkopf v. Brunswick Corp.

• Decision Date: 07 June 2011
• Docket Number: Civ. No. 10–2774 (RHK/JJK).
• Citation: 24 A.D. Cases 1342,833 F.Supp.2d 1106,43 NDLR P 117
• Parties: Melvin SCHWARZKOPF, Plaintiff, v. BRUNSWICK CORPORATION d/b/a Life Fitness, Defendant.
• Court: U.S. District Court — District of Minnesota

833 F.Supp.2d 1106

24 A.D. Cases 1342

43 NDLR P 117

Melvin SCHWARZKOPF, Plaintiff,

v.BRUNSWICK CORPORATION d/b/a Life Fitness, Defendant.

Civ. No. 10–2774 (RHK/JJK).

United States District Court,

D. Minnesota.

June 7, 2011.

Susan M. Coler, Joni M. Thome, Frances E. Baillon, Matthew S. Nolan, Halunen & Associates, Minneapolis, MN, for Plaintiff.

Andrew J. Voss, Sarah J. Gorajski, Littler Mendelson, P.C., Minneapolis, MN, for Defendant.

MEMORANDUM OPINION AND ORDER

RICHARD H. KYLE, District Judge.

INTRODUCTION

Plaintiff Melvin Schwarzkopf previously worked for Defendant Brunswick Corporation d/b/a Life Fitness (“Brunswick”). He commenced this action in June 2010, alleging that Brunswick discriminated against him on account of his mental disabilities in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., and the Minnesota Human Rights Act (“MHRA”), Minn.Stat. § 363A.01 et seq. He also alleges that Brunswick retaliated against him after he complained about the alleged discrimination. Brunswick now moves for summary judgment. For the reasons set forth below, the Court will grant its Motion in part and deny it in part.

BACKGROUND¹

Suffice it to say, the parties paint a very different picture of the events culminating in this lawsuit. Generally speaking, Brunswick denies the occurrence of much (if not most) of the conduct Schwarzkopf cites to support his claims. At this stage of the proceedings, the Court is obligated to view the record in the light most favorable to Schwarzkopf, and it has done so below. See Graves v. Ark. Dep't of Fin. & Admin., 229 F.3d 721, 723 (8th Cir.2000). However, while the Court has determined that part of this case will survive to trial, it expresses no opinion on Schwarzkopf's likelihood of success at trial or his ability to survive a motion for judgment as a matter of law after the presentation of his case.

Brunswick manufactures fitness equipment. It hired Schwarzkopf in 2001 as a fabricator in its Ramsey, Minnesota, manufacturing facility. (Gorajski Aff. Ex. B–2, at Ex. 1.)

Schwarzkopf has struggled with depression and general anxiety disorder for most of his life. (Schwarzkopf Dep. at 49–50.) In fact, in the early 1990s, he voluntarily committed himself to a mental hospital for treatment. ( Id. at 19.) The anxiety has caused him sleeping problems which, in turn, make it difficult for him to focus and concentrate. ( Id. at 51.) Around the time he applied for employment with Brunswick, his symptoms were in “remission.” ( Id. at 50.) He did not inform Brunswick of his conditions at that time. (Gorajski Aff. Ex. B–2, at Ex 1.)

In his first few years of employment, Schwarzkopf had no difficulty performing his job duties and got along well with his co-workers. (Schwarzkopf Dep. at 60–62.) In 2002 he was promoted to “Mechanic I,” a primarily janitorial job, including changing light bulbs, collecting garbage, and the like. ( Id. at 63–64; Gorajski Aff. Ex. B–2, at Ex. 21.) He also performed some “Mechanic II” duties, which involved preventative maintenance, fixing and installing machines, and supervising temporary workers. (Schwarzkopf Dep. at 69–70.) As a Mechanic I, he worked for several years with Mark Hager and Duane Bauer, both of whom held Mechanic III positions. (Bauer Dep. at 22; Hager Dep. at 12–14.) According to Schwarzkopf, he made Hager and Bauer aware of his mental illnesses—“anxiety disorder” and “attention deficit” disorder—in 2004 and 2005, respectively. (Schwarzkopf Dep. at 98–99.) ²

Prior to June 2005, Schwarzkopf had no problems working with either Hager or Bauer. ( Id. at 78–80.) In fact, Hager helped him get an “extra” raise in 2004, and when Hager was promoted to supervisor in June 2005, he promoted Schwarzkopf to Mechanic II. ( Id. at 78–82; Hager Dep. at 14; Gorajski Aff. Ex. B–2, at Ex 26.) Schwarzkopf was able to perform the requirements of this new position (Schwarzkopf Dep. at 83), and he received a favorable performance review later that year (Gorajski Aff. Ex. B–2, at Ex. 29).

However, in late 2005 or early 2006, Bauer began calling Schwarzkopf names like “stupid,” “idiot,” “mental case,” “dumb,” and “incompetent” on a nearly daily basis. (Schwarzkopf Dep. at 102–11, 119–20, 125.) He and another mechanic, Mike Luedtke, told Schwarzkopf they worried he “might go postal.” ( Id. at 108.) Luedtke also frequently made derogatory comments, like calling Schwarzkopf a “mental case.” ( Id. at 133–36, 141–42.) In another instance in February 2006, Bauer told Schwarzkopf that people who have been on Social Security disability, as Bauer was aware Schwarzkopf once had been, “are worthless pieces of shit.” ( Id. at 161.) And on several occasions Bauer told Schwarzkopf that “we should put a shock collar on you” because Schwarzkopf was “so forgetful.” ( Id. at 120–23.) Bauer continued to treat him in a demeaning manner for the remainder of his employment, frequently calling him humiliating and degrading names and yelling at him in front of other employees. ( Id. at 115, 120–21, 128–29.)

Schwarzkopf complained to Hager, but he took no action. ( Id. at 106; see also Hager Dep. at 47–48.) In fact, Schwarzkopf claims that in early 2006, Bauer convinced Hager to start harassing him in the same fashion as Bauer and Luedtke had been. (Schwarzkopf Dep. at 126, 133, 147–48.) Hager, for example, laughed at Bauer's “shock collar” comment. ( Id. at 123.) He yelled at Schwarzkopf and called him an “idiot,” “dumb,” and “stupid.” ( Id. at 145–48, 151.) He got angry when Schwarzkopf asked for additional directions to complete projects, even after Schwarzkopf told him that he had “too much anxiety” and “thought [he] had attention deficit [disorder].” ( Id. at 145–46.) In one instance Hager felt Schwarzkopf was taking too long to complete a project and asked, “What are you? An idiot?” When Schwarzkopf tried to explain the delay, Hager “charged [at him] with ... a fist,” as if Hager were going to strike him. ( Id. at 147–48.) And according to Schwarzkopf, Hager typically did not support him in the same way as, and scrutinizedhis work more carefully than, other maintenance department employees, frequently making him perform menial and degrading tasks like sending him to McDonald's to pick up food for the department and making him clean up spills, broadcasting to the entire department, “Mel, get the mop!” ( Id. at 122, 125–27, 163–66.)

Sometime in 2006, the symptoms associated with Schwarzkopf's depression and anxiety disorder returned, causing him to lose sleep, lack focus, and struggle to concentrate. ( Id. at 50–51.) ³ Hager noticed a decline in his performance, observing that he had difficulty maintaining concentration and following directions. (Hager Dep. at 15, 23, 28.)

On September 7, 2006, Schwarzkopf was injured on the job. (Schwarzkopf Dep. at 150.) The following day, he was called to a meeting with Hager and Cathy Mensing, Brunswick's Human Resources Manager. ( Id. at 151; Hager Dep. at 27–28.) He thought the meeting had been called to discuss his injury and work restrictions, but rather it was to discuss his “poor” performance. (Schwarzkopf Dep. at 152; Hager Dep. at 28.) Schwarzkopf stated that he did not understand the complaints and if his performance had been poor, it was due to Hager constantly shouting at him. (Schwarzkopf Dep. at 152.) He explained that he could not grasp matters when others yelled at him and he told Hager and Mensing about having been on Social Security disability in the past. ( Id. at 153–54; Gorajski Aff. Ex. B–2, at Ex. 34; Mensing Dep. at 101–02.) He asked for blueprints to explain “big jobs,” as his prior supervisor had given him, and that Hager “not yell” at him. (Schwarzkopf Dep. at 155–56.) He also asked to be transferred to another position. ( Id. at 155.) Mensing explained that the other positions he sought typically were given to temporary workers, but she would get back to him on his request. ( Id.) She also suggested that he see a psychologist to help work through his anxiety problems. ( Id. at 153; Hager Dep. at 33–34.)

Later that day or the following day, Schwarzkopf met with Mensing alone and complained that Hager and Bauer were discriminating against him by yelling at him. (Mensing Dep. at 102–03.) Mensing told him that there was no discrimination occurring, but that Hager “didn't have very good management skills.” ( Id. at 103.) Mensing thought that Schwarzkopf was simply unhappy and she did not perceive the complaints to be related to his mental disabilities. ( Id. at 106–10.) However, she later spoke with Hager and asked whether he or any other maintenance employees had been harassing Schwarzkopf. (Hager Dep. at 35–37.) Hager denied any harassment. ( Id.)

In February 2007, Schwarzkopf again complained to Hager that Bauer had called him “nuts, crazy, mental case, paranoid, and postal.” (Schwarzkopf Dep. at 132.) Hager told him that the reason people called him “postal is because you act so crazy.” ( Id. at 133.) When Schwarzkopf asked Hager to put a stop to the comments, Hager paged all maintenance workers to his office for a meeting and told them “if anybody has anything they want to say about somebody, say it, have it out.” ( Id. at 132–35; Hager Dep. at 40–41.) At first no one spoke, but then Schwarzkopf, shaking and on the verge of crying, complained that being called postal “was the worst thing anybody could ever say about another worker. It was unimaginable and so hurtful.” (Schwarzkopf Dep. at 133; see also Hager Dep. at 41.) He told his co-workers that he had some “mental problems” and could “take some jokes and teasing,” but not being called postal or being referred to as “crazy.” (Schwarzkopf Dep. at 133; Hager Dep. at 42–43; Bauer Dep. at 16.) Hager then responded, “[d]on't be so paranoid. They're not talking about you.” (Schwarzkopf Dep. at 133.)

On February 14, 2007, Schwarzkopf e-mailed Mensing and Hager. (Gorajski Aff. Ex. B–2, at Ex. 34.) He reminded them about their meeting the...