Stover v. Amazon.Com, LLC
| Decision Date | 04 March 2020 |
| Docket Number | Case No. 5:19-cv-054-JMH |
| Citation | 442 F.Supp.3d 971 |
| Parties | Nicholas STOVER, Plaintiff, v. AMAZON.COM, LLC, et al., Defendants. |
| Court | U.S. District Court — Eastern District of Kentucky |
Bart L. Greenwald, James Lee Adams, Duncan Galloway Egan Greenwald, PLLC, Louisville, KY, for Plaintiff.
Elizabeth C. Barrera, J. Andrew Inman, Littler Mendelson PSC, Sarah Elisabeth Laren, Dentons Bingham Greenebaum LLP, Lexington, KY, for Defendants.
This matter comes before the Court on Defendants Amazon.com, LLC, AMZN WACS, LLC, and Amazon.com, Inc.'s (collectively "Amazon") Motion for Summary Judgment. [DE 31]. Having considered the matter fully, and being otherwise sufficiently advised, Amazon's Motion for Summary Judgment [DE 31] will be granted.
From November 6, 2016 to December 21, 2017, Plaintiff Nicholas Stover worked at Amazon's call center in Winchester, Kentucky. [DE 31-1, at 3-14]. During the hiring process, Stover advised Amazon that he had Crohn's disease
. See id. at 3 (citing [DE 31-3, at 29-30] ). Knowing Stover had Crohn's disease, Amazon initially hired him for a short-term Customer Service Associate position. Id. at 3 (citing [DE 31-5] ).
On Stover's November 13, 2016, Voluntary Self-Identification of Disability Form [DE 31-4], instead of checking a box indicating he either had or previously had a disability, he checked a box that stated, "NO, I DON'T HAVE A DISABILITY." Also, on November 13, 2016, Stover participated in a new employee orientation and was provided copies of Amazon's Owner's Manual and Guide to Employment ("Owner's Manual"), Standards of Conduct, and Code of Business Conduct and Ethics. Id. (citing [DE 31-6] ). Additionally, Stover acknowledged that he understood "that if [he had] any concerns that [he was] being subjected to any form of discrimination, retaliation, or harassment in violation of Amazon's policies, [he] should immediately bring this to the attention" of one of several Amazon employees, Amazon's legal department, or Amazon's anonymous "Ethics Line." [DE 31-6]. Pursuant to the Owner's Manual, "Amazon complies with the Americans with Disabilities Act and applicable state and local laws prohibiting discrimination in employment based on a person's physical, mental or sensory disability." [DE 31-7, at 20]. Additionally, the Owner's Manual states, "Amazon also will provide reasonable accommodation for qualified individuals with a disability where medically necessary to perform one's job, except in cases in which the reasonable accommodation would create an undue hardship or a health or safety risk would exist." Id.
Throughout the course of Stover's employment, Amazon's Leave of Absence Accommodations ("LOAA") team handled decisions regarding employees' disability accommodation requests. [DE 31-1, at 4 (citing [DE 31-3, at 17-18; DE 31-8, at 2] ) ]. "Amazon requested ‘medical certification to verify the existence of a disability or work restrictions, to identify potential reasonable accommodations, or to determine any safety and health risks.’ " Id. (quoting [DE 31-7, at 21] ). Amazon provided Stover paid time off in the form of accrued vacation time that could be carried over from year to year, not to exceed 160 hours, and personal time off ("PTO") to be used " ‘in the event of illness or other personal business.’ " [DE 31-1, at 4 (quoting [DE 31-7, at 13-16] ) ]. Also, if needed, Stover could be eligible for medical leave and personal leave, and Amazon offered unpaid personal time ("UPT") that could be utilized for any reason. Id. Stover was permitted to use both PTO and UPT by entering it on his phone or computer and was not required to notify a manager or otherwise seek approval. Id. at 5 (citing [DE 31-9, at 13-14; DE 31-10, at 4-5; DE 31-11, at 9-10] ). Each day, Stover was given a one (1) hour lunch break, two (2) fifteen (15) minute breaks, and ten (10) minutes of personal time, which could not exceed twenty (20) minutes per week. [DE 31-1, at 5; DE 31-9, at 13; DE 35, at 5].
When working, Customer Service Associates, such as Stover, maintained an "aux" state that reflected their status, such as being on a call with a customer, conducting post-call work, attending team meetings, taking rest breaks, and utilizing PTO or UPT. [DE 31-1, at 5 (citing [DE 31-9, at 7-8, 17-18, 23; DE 31-10, at 8-9, 13-14] ) ]. Amazon's management could run reports and study the aux states Customer Service Associate used during shifts. Id. (citing [DE 31-9, at 6, 9; DE 31-10, at 8-9] ).
On November 17, 2016, Stover met with Amazon's Human Resources Business Partner ("HRBP"), Carly Peabody, who noted, [DE 31-12, at 3]; see also [DE 31-1, at 5]. Peabody informed Stover, [DE 31-12, at 3]. In the meantime, Peabody allegedly offered Stover the option to adjust his break schedule at his request. Id. However, Stover contends he was only told he was ineligible for an accommodation because he was not a permanent employee at that time, [DE 35, at 5-6 (citing [DE 35-5, at 2] ) ], but during his August 24, 2019 deposition, he asserted that " ‘[i]t's possible’ " that he received some of the November 2016 e-mail communications, [DE 39-1, at 5-9 (quoting [DE 39-1, at 45-46] ) ].
Also, on November 17, 2016, Peabody e-mailed Stover the required forms, including a Request for Medical Information ("RMI") form, and human resources ("HR") associate Doris Taylor hand-delivered physical copies of the forms to Stover. [DE 31-1, at 6 (citing [DE 31-12, at 9] ) ]. Stover admits he received the forms, but he reasserts that he believed he was ineligible for accommodations because he was not a permanent employee. [DE 35, at 6]. LOAA team member Elizabeth Russman was assigned to Stover's case. [DE 31-1, at 6 (citing [DE 31-12, at 2] ) ].
On November 25, 2016, having made no appointment with his doctor to complete the RMI, Stover requested Taylor grant him an extension, and Taylor extended Stover's deadline to return the completed RMI to November 30, 2016. Id. (citing [DE 31-12, at 10] ). On November 30, 2016, Taylor called Stover to remind him that the RMI was due. Id. (citing [DE 31-12, at 11] ). When Taylor did not receive the RMI, she closed Stover's accommodation request case. Id. Despite the case being closed, had Stover reached back out to provide the required information or let Taylor know he scheduled a doctor's appointment, it could have been reopened. Id. (citing [DE 31-12, at 11; DE 31-8, at 7-8] ).
On February 1, 2017, Stover met with his gastroenterologist, Dr. Stephen Schindler for the first time since June 14, 2016. [DE 31-1, at 6 (citing [DE 31-14] ) ]. Dr. Schindler noted that "Stover had been noncompliant with treatment, his weight was stable, he was having 2-3 mostly formed bowel movements per day, and he had no bleeding." Id. at 6-7 (citing [DE 31-14] ). During his appointment with Dr. Schindler, "Stover requested to resume a biologic medication for his Crohn's disease
." Id. at 7 (citing [DE 31-14] ).
On February 18, 2017, with the knowledge that Stover had Crohn's disease
and having already received a request for accommodation that was ultimately closed due to Stover's inaction, Amazon offered Stover a full-time, at-will Customer Service Associate position at the Winchester, Kentucky, call center, and on February 19, 2017, Stover accepted the offer. [DE 31-1, at 6 (citing [DE 31-13] ) ]. In or around March 2017, Stover was assigned to Amazon's " ‘Search and Rescue Team,’ " which "handled previously unresolved calls from customers, and these calls required assigned Associates to demonstrate problem-solving savvy and patience with customers," [DE 31-1, at 6 (citing [DE 31-3, at 6-7; DE 31-9, at 5, 24-25] ) ].
On March 7, 2017, Stover contacted HRBP Breah Abney to request that his accommodation case be reopened. Id. at 7 (citing [DE 31-15] ). Abney provided Stover with new copies of the required forms, including the RMI, with a March 20, 2017, deadline to return the completed documents. Id. Amazon asserts that on March 19, 2017, Stover requested an extension of time to submit the documents because he had been unable to meet with his physician. Id. (citing [DE 31-12] ). However, the exhibit cited by Amazon, [DE 31-12], does not support Amazon's statements regarding the March 19, 2017, request for an extension of time and Stover's alleged reasoning for needing an extension. "Stover recalls that in fact he did submit the paperwork prior to March 19, 2017, but Human Resources lost it." [DE 35, at 6]. Additionally, Stover insists, "This was the reason he requested an extension of time on March 19 in order to re-submit." Id.
On April 12, 2017, Stover completed an Associate Certificate of Fitness ("COF") form, which stated that he "had a ‘[g]astrointestinal’ issue that ‘impacts [his] ability to work as [he] require[s] more breaks for bathroom use ...’ " and would " ‘need to miss work or take time off for flare ups and to receive medication through infusion.’ " [DE 31-1, at 7 (quoting [DE 31-16] ) ]. While Stover listed no medications on his COF form, during his August 24, 2019, deposition, he asserted this was due to him not having enough space to list them and advised, "I was taking medications. I believe I was taking ENTYVIO, budesonide
. I was also taking prednisone and one other medicine...." [DE 35, at 6-7 (citing [DE 35-1, at 10] ) ].
On April 18, 2017, Stover...
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