Timmons v. General Motors Corp.

• Decision Date: 07 December 2006
• Docket Number: No. 05-3258.,05-3258.
• Citation: 469 F.3d 1122
• Parties: Dock TIMMONS, Plaintiff-Appellant, v. GENERAL MOTORS CORPORATION, Defendant-Appellee.
• Court: U.S. Court of Appeals — Seventh Circuit

Page 1122

469 F.3d 1122

Dock TIMMONS, Plaintiff-Appellant, v. GENERAL MOTORS CORPORATION, Defendant-Appellee.

No. 05-3258.

United States Court of Appeals, Seventh Circuit.

Argued March 29, 2006.

Decided December 7, 2006.

Mark D. Debofsky (argued), Daley, Debofsky & Bryant, Chicago, IL, for Plaintiff-Appellant.

David C. Vogel (argued), Heather R. Gill, Lathrop & Gage, Kansas City, MO, for Defendant-Appellee.

Alan M. Goldstein, Chicago, IL, for Amicus Curiae.

Before BAUER, KANNE, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

Dock Timmons ("Timmons"), who suffers from multiple sclerosis, sued General Motors ("GM") for violating the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., after GM involuntarily placed him on disability leave. The district court awarded summary judgment to GM and Timmons appeals. He claims the district court applied the wrong legal test to his case and the evidence establishes a material factual dispute regarding GM's reason for placing him on disability leave. We affirm.

I. Background

Timmons began working for GM in 1974, and by 1999 he had become one of only five Customer Activities Managers nationwide. As a Customer Activities Manager, Timmons handled (among other things) customer relations issues at GM dealerships within his region and at GM's customer call centers in Florida, Texas, and California. His job required a valid driver's license—Timmons has one, though he had not taken a driving test for at least four years before he was put on disability leave—and a willingness and ability to travel as much as fifty percent of the time. Timmons attended dealer meetings in Illinois and other states and represented GM at arbitrations and court hearings. He also attended monthly meetings at various locations around central and northern Illinois and in Wisconsin. From time to time Timmons's job also required him to drive to meetings in Ohio and Michigan and, as already mentioned, to attend to business in customer call centers in Florida, Texas, and California. When asked whether he could imagine performing his job without being able to drive, Timmons responded unequivocally, "No."

In 1992 Timmons was diagnosed with multiple sclerosis ("MS"), a disease of the central nervous system with a variety of symptoms, including visual and sensory impairments and muscle weakness. MS did not stop Timmons's ascent at GM, as evidenced by his 1999 promotion to Customer Activities Manager, but by 2002 it hampered his ability to walk. GM accommodated Timmons's condition, however. It provided Timmons with a motorized scooter and equipped his car with a lift to get the scooter in and out more easily. GM also paid for Timmons to rent scooters when on trips of longer distances. When Timmons told GM that a home office would help him on days when it was difficult for him to come to work, GM obliged. GM also provided Timmons with a modified computer monitor and keyboard and installed automatic door openers on its front door and restroom doors. On more than one occasion during 2002 and 2003, GM offered Timmons other jobs that required less travel yet maintained his employment level and salary. Timmons declined each one because he believed they would be considered demotions, despite GM's assurances to the contrary.

As Timmons's condition worsened through 2002, his supervisors became concerned about his ability to drive, which was integral to his job. Thomas Tyler, Timmons's supervisor from 1999 through January 2003, says he received reports from area service managers and field personnel that Timmons sometimes drove too slowly on the highways and held up traffic. Tyler discussed the situation in 2002 with Timmons and Joyce Saunders, a GM human resources manager. There was also concern because Timmons had, at least twice, fallen asleep on the job. Saunders shared the concerns with two medical doctors employed by GM, who in turn contacted some of Timmons's personal doctors to discuss their concerns. Two of Timmons's physicians, Drs. Frank and Yang, reassured GM that Timmons could drive safely. Dr. Yang agreed to adjust Timmons's medication in an effort to curtail Timmons's drowsiness. From that point forward there were no more problems with Timmons falling asleep at work.

Besides the driving concerns, GM also had reports of problems with Timmons's work performance. Timmons reportedly missed at least three dealer meetings and, on several occasions, was not in the field when he should have been. Tyler also received reports from service managers that Timmons was not returning their phone calls, though Timmons disputes that. Some of Timmons's superiors also felt he was not coming into the office as frequently as he should have been.

By February 2003 concerns about Timmons's driving abilities were heightened by an incident in which Timmons lost control of his scooter and crashed it in a parking lot.¹ Timmons's new supervisor, James Swinson, also saw Timmons driving too slowly on the expressways and "wandering" back and forth as he drove. In addition, Swinson had information that Timmons's assistant drove him to a meeting in Iowa because Timmons was not comfortable driving. Swinson talked with Timmons about his concerns during March and May 2003. The possibility of disability retirement was raised—Timmons says by Swinson. In fact, Timmons says Swinson had pressured him for several months to retire or go on disability leave.

During the May meeting, Timmons gave Swinson permission for GM to speak with his personal doctors. Timmons wrote Dr. Frank a letter requesting that the doctor release his medical records to a GM physician. Eight days after writing the letter, however, Timmons rescinded his permission. He was concerned GM was looking for a reason to get rid of him. As a result, GM was not given access to Timmons's medical records.

Accordingly, GM asked Timmons to undergo an evaluation by Dr. Roy Lacey, an occupational environmental medicine specialist employed by GM, and Timmons agreed. Dr. Lacey handled all GM issues pertaining to employee health and safety at work, including chronic illnesses, return-to-work evaluations, and fitness-for-duty evaluations; he also helped find suitable positions for employees with medical restrictions. Swinson met with Dr. Lacey alone before the examination to describe Timmons's job responsibilities. Following the examination, Dr. Lacey concluded Timmons had optic atrophy in both eyes, an ataxic gait, severely limited motion in his left arm, and an inability to grasp with or completely close his left hand, twitching in some muscles, a "dropped" left foot (indicating nerve damage in the spine and an increased likelihood that the right side may also be affected), and an inability to turn his neck more than forty degrees on the right and thirty-five degrees on the left (sixty degrees is the normal range of motion). Dr. Lacey also concluded Timmons had poor insight because he believed he had no problems that would prevent him from doing anything he wanted, including performing all aspects of his job. Dr. Lacey met again with Swinson after the examination to confirm Timmons's job required driving and travel and to find out whether GM had other suitable positions it could offer Timmons that did not require driving and travel. GM had no other positions. Timmons was put on disability leave that day.

In September 2004, over a year after Dr. Lacey's exam, Dr. Frank offered a sworn statement that Timmons was capable of driving provided the car was specially fitted with appropriate controls. Timmons remains in GM's employ on paid leave.

The district court granted GM's motion for summary judgment, concluding that Timmons had not presented evidence establishing a prima facie case of discrimination because he had not identified any similarly situated nondisabled employees who had been treated more favorably. The district court also concluded that Timmons had not presented evidence showing that the circumstances of GM's decision to place him on disability leave made it more likely than not that the decision was the result of discrimination in violation of the ADA.

II. Discussion

Timmons makes two arguments on appeal. First, he contends that the district court improperly required him to show that similarly situated employees received more favorable treatment in order to establish a prima facie disparate treatment claim under the McDonnell-Douglas burden-shifting method of proof. According to Timmons, he was required to show only that the circumstances suggest that his disability was more likely than not the reason for the adverse employment action. Second, Timmons maintains that summary judgment should not have been granted to GM because there was a genuine issue of material fact about the reason GM put him on leave.

Summary judgment standards are well-known. We review summary judgments de novo, construing all facts and reasonable inferences in favor of the nonmoving party. Harrell v. U.S. Postal Serv., 445 F.3d 913, 918 (7th Cir.2006). We will affirm a summary judgment when the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits, show there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. FED.R.CIV.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

The ADA prohibits employers from discriminating "against a qualified individual with a disability because of [his] disability." 42 U.S.C. § 12112(a). In addition to prohibiting adverse employment actions against disabled persons because of their disabilities, the ADA requires employers to make reasonable accommodations for the disabilities of qualified individuals. § 12112(b)(5)(A). It is important for plaintiffs to be clear about whether they are pressing disparate treatment or failure-to-accommodate claims (or both) because the two are analyzed differently. See, e.g., ...