Spears v. Delphi Automotive Systems Corporation, Cause No. IP 00-1653-C-T/K (S.D. Ind. 8/15/2002), Cause No. IP 00-1653-C-T/K.
| Decision Date | 15 August 2002 |
| Docket Number | Cause No. IP 00-1653-C-T/K. |
| Parties | MARK SPEARS, Plaintiff, v. DELPHI AUTOMOTIVE SYSTEMS CORPORATION, a corporation, and DOES 1 through 50 inclusive, Defendants. |
| Court | U.S. District Court — Southern District of Indiana |
In 1995, Plaintiff Mark Spears was diagnosed with multiple sclerosis ("MS"). In an effort to cope with the symptoms of his disease, Defendant Delphi Automotive Systems ("Delphi") granted a series of Spears' requests for personal and medical leaves of absence. For instance, in 1996 Spears took a personal leave of absence and left Kokomo. He returned to California to work another job and be with his wife and children who had moved there earlier that year. When Delphi learned that Spears worked for another employer while on personal leave, it placed him on a one-year probation. From 1997 until his termination in late 1999, Spears made numerous requests for a transfer to either California or Michigan. Spears claimed that granting these requests would have been a reasonable accommodation because being near family and/or friends mitigated the symptoms of his disease. However, Delphi refused his requests because of his erratic attendance record as a result of his numerous leaves of absence. In a twenty-month period between 1997 and 1999, Spears was on leave eleven months.
In June 1999, Spears made his last stand at Delphi when his treating physician requested that Spears be granted a transfer. Delphi again refused, and offered him part-time work. Spears declined the offer, returned to California, and collected long-term disability benefits from Delphi. When the disability benefits plan administrator suspected that Spears made a fraudulent claim for disability benefits, the administrator conducted an investigation. The investigation concluded that Spears violated company rules by working two jobs while receiving disability benefits. As a result, Delphi terminated Spears' employment.
Spears claims his rights under the Americans with Disabilities Act were violated because Delphi: (1) discriminated against him because of his MS; and (2) failed to accommodate him by denying his transfer requests.
Before the Court are two motions: (1) Delphi's motion to strike portions of Spears' affidavit and exhibits filed in opposition to Delphi's motion for summary judgment; and (2) Delphi's motion for summary judgment on all of Spears' claims. For the reasons set forth below, the Magistrate Judge recommends that Delphi's motion to strike be GRANTED in PART and DENIED in PART, and that Delphi's motion for summary judgment be GRANTED.1
The facts viewed in a light most favorable to Spears reveal the following. On or about March 1987, Spears began his employment with Delco Electronics, a division of General Motors, at its Santa Barbara, California facility. On January 1, 1999, Delco became a division of a new corporation, Delphi Automotive Systems, and began to operate independently of General Motors. [SOMF ¶¶ 1-3]. In 1994, Spears voluntarily transferred to Delphi's Kokomo facility as a quality assurance engineer and worked there continuously until his termination. Id. at ¶¶ 5-6.
In November 1995, Spears was diagnosed with MS. His symptoms included episodes of blurred vision, numbness and tingles in his arms and legs, as well as overall fatigue. Id. at ¶¶ 10-11. As a quality assurance engineer, Spears spent approximately eighty-five to ninety percent of the work day in front of a computer screen. He alleges that most of his episodes of blurred vision and numbness/tingling of his limbs occur while focusing on a television or computer screen for an extended period of time. He also has difficulty reading newspapers and books. Id. at ¶¶ 8, 12, 21, 112. In addition, Spears' disease affects his ability to safely walk down stairs and his ability to drive. Id. at ¶ 113.
Sometime prior to April 1996, Spears' wife decided she no longer wanted to live in Indiana and moved back to California with their children. She refused Spears' requests to return to Kokomo. Id. at ¶¶ 33, 35, 38. As a result, Spears went to California and took an unpaid leave of absence from May 1 to June 30, 1996 for health reasons. While on this leave, Spears worked as a quality engineer for Litton Corporation. Id. at ¶¶ 39-41.
After briefly returning to work at Delphi in July 1996, Spears requested and was granted a paid medical leave. Shortly thereafter, Delphi learned that Spears worked as a quality engineer for Litton while on personal leave in California. Id. at ¶¶ 42-43, 141.2 While Delphi does not have a written policy prohibiting its employees from working another job while on personal leave, it is not Delphi's usual policy to allow employees to use personal leave to pursue other employment opportunities. Delphi was "disturbed" upon learning that Spears used his personal leave in this manner, considering that he represented that he was utilizing the leave for health reasons. Id. at ¶¶ 44-45. Spears informed his then-supervisor George Johnson of his intention to work another job while on personal leave so he could evaluate whether he wanted to remain employed with Delphi. However, on October 21, 1996, Delphi placed Spears on a one-year probationary period claiming that Spears had deceived or misled the company about the nature of his personal leave. Id. at ¶¶ 46-47, 137, 139, 145. Spears returned to Delphi from medical leave shortly after the commencement of his probationary period.
Starting in 1997, Spears made several requests for a transfer to either California (to be with his wife and children), or Michigan, (where his mother and sibling resided). Spears stated the transfer would provide him with the support of family members which would help him cope with his illness. His transfer requests included conversations with Delphi management, human resources, and the company doctor, personally written letters to his supervisors, and letters sent to Delphi management from his personal physician. [SOMF ¶¶ 153-163; Exs. B, D, E, F]. On one occasion, on January 31, 1997, two members of Delphi management, William Geiger and Rick Sepeta, signed Spears' request for transfer. However, on March 20, 1997, Geiger informed Spears that he was no longer eligible for a transfer. Id. at ¶¶ 155-156. Delphi informed him that it was not in a position to assist him in a transfer at the time of his requests, but if he proved to be dependable, it would revisit the issue in the future. Id. at ¶¶ 53-55, 164. In addition, Delphi would not consider Spears for a transfer while he was on a leave of absence. Id. at ¶ 165.
In 1999, Spears took a paid medical leave from January to March. After working a short time in March, he took another leave on April 1, 1999. Id. at ¶¶ 64-65. From August 1, 1997 to April 1, 1999, Spears was on leave eleven of twenty months. Id. at ¶ 49. In a letter dated May 24, 1999, Spears' neurologist, Dr. Margaret Frazer, advised Delphi that Spears was released to return to work for 20 hours per week to increase incrementally to a maximum of 38 to 45 hours per week. Id. at ¶ 67. A week later, Delphi received another letter from Dr. Frazer dated June 1, 1999, informing the company that Spears' "best chance to remain in remission and to continue to lead his career productively would be to work . . . in a surrounding that allows him to be close to family/close friends...." [SOMF ¶¶ 70, 159; Exs. D, 28].
On June 28, 1999, Spears and members of Delphi management met regarding his employment status and a possible return to work. Pursuant to his doctor's recommendations, Delphi offered Spears an opportunity to return to work for 20 hours per week. Spears rejected this offer because: (1) he did not want to work part-time; (2) he thought he would lose benefits if he worked part-time; and (3) he believed he would have the same health problems that plagued him in the past (i.e. blurred vision fatigue). [SOMF ¶¶ 72-74]. Delphi again rejected Spears' request for a transfer. Spears made no other accommodation requests at this meeting other than a transfer to either California or Michigan, and continued to make similar requests until his termination. Id. at ¶¶ 76-77. When Spears began to realize that his requests for a transfer would not be granted, he requested an internal transfer within the Kokomo facility. Id. at ¶ 153.
After exhausting his twelve months of "Sickness and Accident" benefits, Spears applied to receive "Extended Disability Benefits ("EDB")." To receive these benefits, Delphi requires that an employee be: (1) totally disabled and unable to engage in any regular employment with Delphi at the location last worked; and (2) not working elsewhere. . On June 29, 1999, Spears completed an EDB application, representing that he was not "engaged in any regular employment or occupation." [Ex. 25]. On an EDB form dated October 3, 1999, Spears indicated that he had not "engaged in any work or business since [he] became disabled." [Ex. 31].
In the meantime, after National Benefit Center (the administrator of the EDB) conducted an independent medical examination, it employed Pinkerton Security to investigate Spears' disability claim. [SOMF ¶¶ 90-92]. The National Benefit Center provided regular updates of the Spears investigation to Mike Parker, Delphi's Manager of Salaried Personnel, and written reports to Bruce Parkinson, Director of Salaried Personnel Administration. Id. at ¶¶ 98-100.
The Pinkerton investigation revealed that while Spears was on disability leave, he was working for two employers in California: Sunset Limousine and Express Rooter. However, Spears only worked sporadic and isolated instances for Sunset and was not paid for any services he provided. Id. at ¶¶ 99, 101-103, 133, 135, 182-183, 191. Express Rooter, a company owned by his friends, paid Spears on four different occasions for a total of about $400. [Short...
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