U.S. E.E.O.C. v. E.I. Du Pont De Nemours & Co.

• Decision Date: 06 June 2005
• Docket Number: No. Civ.A.03-1605.,Civ.A.03-1605.
• Citation: 406 F.Supp.2d 645
• Court: U.S. District Court — Eastern District of Louisiana
• Parties: U.S. EQUAL OPPORTUNITY EMPLOYMENT COMMISSION v. E.I. DU PONT DE NEMOURS & CO.

406 F.Supp.2d 645

U.S. EQUAL OPPORTUNITY EMPLOYMENT COMMISSION v. E.I. DU PONT DE NEMOURS & CO.

No. Civ.A.03-1605.

United States District Court, E.D. Louisiana.

June 6, 2005.

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Gregory T. Juge, Michelle T. Butler, Equal Employment Opportunity Commission New Orleans District Office, New Orleans, LA, for U.S. Equal Opportunity Employment Commission.

William David Aaron, Jr., Brian Eugene Sevin, Mark C. Carver, Goins Aaron, P.L.C., New Orleans, LA, for E.I. Du Pont De Nemours & Co.

ORDER AND REASONS

VANCE, District Judge.

The defendant moves the Court for renewed judgment as a matter of law or, alternatively, a new trial. The defendant also moves the Court to amend the judgment. For the following reasons, the Court DENIES DuPont's motion.

I. BACKGROUND

Laura Barrios is a 56 year-old woman with severe scoliosis of the lumbar spine, lumbar disc disease with sciatica, lumbar spinal stenosis with compression neuropathy, neurogenic bladder, cervical spondylosis, and previous cervical disc disease with surgical fusions. Barrios has considerable difficulty walking. Barrios began to work for E.I. DuPont de Nemours in its LaPlace chemical plant as a lab operator in 1981. In 1986, Barrios became a lab trainer/operator. In March of 1997, DuPont transferred Barrios to the sedentary position of lab clerk under a number of medical restrictions, such as no standing for more than ten minutes at a time and no walking more than 100 feet without rest.

In May of 1999, the DuPont plant physician ordered Barrios to undergo an functional capacity evaluation (FCE). On July 6, 1999, DuPont received the results of the FCE. On July 7, 1999, DuPont restricted Barrios from walking anywhere on the plant site. At that time, DuPont placed Barrios on short-term disability leave and ultimately discharged her on Total and Permanent disability.

On June 5, 2003, the Equal Employment Opportunity Commission sued DuPont on Barrios's behalf. The EEOC asserted that DuPont forced Barrios to undergo an FCE in violation of the Americans with Disabilities Act, and that DuPont discharged Barrios in violation of the ADA. Before trial, the parties filed cross motions for summary judgment. The Court granted the EEOC's motion for summary judgment in part and denied in part, and the Court denied DuPont's motion in all respects. Specifically, the Court found that DuPont regarded Barrios as disabled under the ADA, but the Court found that issues of fact existed as to whether Barrios was actually disabled under the ADA, whether the ability to evacuate was an essential function of Barrios's job, whether Barrios posed a direct threat to herself or others, and whether DuPont violated the ADA in ordering the FCE.

In October of 2004, the Court held a three-day jury trial in the matter. DuPont moved the Court for judgment as a matter of law at the close of the EEOC's evidence and at the close of all of the evidence. The Court denied both motions, and the case went to the jury. The jury found that DuPont discharged Barrios in violation of the ADA. As a result, the jury awarded Barrios $91,000.00 in back pay, $200,000.00 in front pay, and $1,000,000.00 in punitive damages. The Court later reduced the punitive damages award to the $300,000.00 statutory cap. The jury did not find that DuPont required Barrios to undergo an FCE in violation of the ADA.

DuPont moves the Court for post-trial relief on several grounds. First, DuPont contends that the Court's jury verdict form was defective. Second, DuPont argues that the Court erred in admitting the testimony of Joan Stein, the EEOC's expert on evacuation of individuals with disabilities. Third, DuPont asserts that the evidence is insufficient to establish that (1) Barrios is disabled from walking, (2) Barrios is disabled from working, (3) Barrios could perform the essential functions of her job, and (4) Barrios was not a direct threat. Finally, DuPont argues that the damages award is incorrect. The Court finds that DuPont's arguments are without merit.

II. DISCUSSION

A. Legal Standards

(1) Judgment as a Matter of Law

The Court will grant judgment as a matter of law under Rule 50 only when the facts and inferences point so strongly and overwhelmingly in favor of one party that reasonable jurors could not arrive at a different verdict. Arsement v. Spinnaker Exploration Co., L.L.C., 400 F.3d 238, 248-49 (5th Cir.2005). The Court will consider all of the evidence, and draw factual inferences in favor of the EEOC. DP Solutions, Inc. v. Rollins, Inc., 353 F.3d 421, 427 (5th Cir.2003). The Court, however, leaves credibility determinations, the weighing of the evidence, and the drawing of all legitimate inferences from the facts to the jury. Id. A mere scintilla of evidence, however, "`is insufficient to present a question for the jury'" as "`there must be a conflict in substantial evidence to create a jury question.'" Id. (quoting Foreman v. Babcock & Wilcox Co., 117 F.3d 800, 804 (5th Cir.1997)).

(2) New Trial

Rule 59(a) provides that the Court may grant a new trial "for any of the reasons for which new trials have heretofore been granted in actions at law in the courts of the United States." Fed. R. Civ. Proc. 59. Therefore, the Court may grant a new trial if it finds that the verdict is against the weight of the evidence, the damages awarded are excessive, the trial was unfair, or prejudicial error was committed in its course. See Smith v. Transworld Drilling Co., 773 F.2d 610, 613 (5th Cir.1985). When a party moves for a new trial on evidentiary grounds, the Court will not grant a new trial unless "the verdict is against the great weight of the evidence." Pryor v. Trane Co., 138 F.3d 1024, 1026 (5th Cir.1998).

(3) Alter of Amend the Judgment

The Court has considerable discretion to grant or to deny a motion to alter or amend the judgment under Rule 59(e). See Edward H. Bohlin Co., Inc. v. Banning Co., Inc., 6 F.3d 350, 355 (5th Cir. 1993). The Court, however, must "strike the proper balance between the need for finality and the need to render a just decision on the basis of all the facts." Id. at 355. Courts in this district hold that a moving party must satisfy at least one of the following criteria to prevail on a Rule 59(e) motion: (1) the motion is necessary to correct a manifest error of fact or law; (2) the movant presents newly discovered or previously unavailable evidence; (3) the motion is necessary in order to prevent manifest injustice; or (4) the motion is justified by an intervening change in the controlling law. See Scordill v. Louisville Ladder Group, L.L.C., NO. CIV. A. 02-2565, 2004 WL 1118302, at *3 (E.D.La. May 18, 2004).

B. The Jury Verdict Form

DuPont complains that the jury verdict form was defective because the Court did not submit separate interrogatories on DuPont's direct threat defense and on the elements of punitive damages. Instead, the form asked, "Do you find that DuPont discharged Laura Barrios in violation of the Americans with Disabilities Act?" and "Do you find that DuPont is liable for punitive damages?" At the outset, the EEOC contends that DuPont waived its objection to the form. The Court, however, noted DuPont's objection for the record. (R. at 525.) Accordingly, the Court rejects the EEOC's waiver argument, and the Court will address DuPont's position on the merits.

The Court first instructed the jury to consider whether the EEOC proved the essential elements of its case by a preponderance of the evidence. Specifically, the Court instructed the jury that the EEOC had to prove that (1) Barrios was disabled under the ADA; (2) that she was qualified to perform her job; and (3) that DuPont discharged her because of her disability. See 42 U.S.C. § 12112(a). See also Hamilton v. Southwestern Bell Telephone Co., 136 F.3d 1047, 1050 (5th Cir.1998). The Court explained to the jury that an employee may be disabled under the ADA in one of three ways. Specifically, the ADA defines "disability" as:

(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual;

(B) a record of such an impairment; or

(C) being regarded as having such an impairment.

42 U.S.C. § 12102(2). The Court also explained that "substantially limits" means:

(i) Unable to perform a major life activity that the average person in the general population population can perform; or

(ii) Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner or duration under which the average person in the general population can perform the same major life activity.

29 C.F.R. § 1630.2(j)(1). The Court instructed the jury to consider (1) the nature and severity of the impairment, (2) its duration or expected duration, and (3) its permanent or expected permanent longterm impact, when determining whether Barrios had a substantially limiting impairment. Id. at § 1630.2(j)(2); see also Hamilton, 136 F.3d at 1050 (citing the regulations).

The Court also instructed the jury that Barrios was "qualified" to do her job only if she could perform its essential functions, with or without reasonable accommodation. The Court instructed that the essential functions of a job are the fundamental duties of the position, and not the marginal duties of the position. 29 C.F.R. § 1630.2(n)(1). Additionally, the Court instructed that a reasonable accommodation is a modification to the work environment or the manner in which the employee customarily performs her job that allows a person with a disability to perform the essential functions of the job. 29 C.F.R. § 1630.2(o). The Court explained that under the ADA, a reasonable accommodation may include, but is not limited to, making existing facilities used by employees readily accessible to and usable by individuals with disabilities, job...