Watkins v. J & S Oil Co., Inc., Civ. No. 96-217-B.

• Decision Date: 15 September 1997
• Docket Number: Civ. No. 96-217-B.
• Citation: 977 F.Supp. 520
• Court: U.S. District Court — District of Maine
• Parties: David WATKINS, Plaintiff, v. J & S OIL COMPANY, INC., Defendant.

Page 520

977 F.Supp. 520

David WATKINS, Plaintiff, v. J & S OIL COMPANY, INC., Defendant.

Civ. No. 96-217-B.

United States District Court, D. Maine.

September 15, 1997.

Francis Jackson, Portland, ME, for plaintiff.

Joseph J. Hahn, Bernstein, Shur, Sawyer, & Nelson, Portland, ME, for defendant.

ORDER AND MEMORANDUM OF DECISION

BRODY, District Judge.

Plaintiff, David Watkins ("Watkins"), brings this action against Defendant, J & S Oil Company, Inc. ("J & S"), for violation of the Family and Medical Leave Act ("FMLA") (Count I), 29 U.S.C. §§ 2601-2654, the Americans with Disabilities Act ("ADA") (Count II), 42 U.S.C. §§ 12101-12213, and for infliction of extreme emotional distress (Count III) in connection with Watkins' former employment with J & S. Before the Court is Defendant's Motion for Summary Judgment and Plaintiff's Motion for Partial Summary Judgment. For the reasons set forth below, the Court grants Defendant's Motion for Summary Judgment as to Counts II and III and denies Defendant's Motion for Summary Judgment as to Count I. In addition, the Court denies Plaintiff's Motion for Partial Summary Judgment.

I. SUMMARY JUDGMENT

Summary judgment is appropriate in the absence of a genuine issue as to any material fact and when the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). An issue is genuine for these purposes if "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). A material fact is one that has "the potential to affect the outcome of the suit under applicable law." Nereida-Gonzalez, v. Tirado-Delgado, 990 F.2d 701, 703 (1st Cir.1993). For the purposes of summary judgment the Court views the record in the light most favorable to the nonmoving party. See McCarthy v. Northwest Airlines, Inc., 56 F.3d 313, 315 (1st Cir.1995).

II. BACKGROUND

Watkins began working for J & S at its Farmingdale station in February 1993, and was promoted on August 2, 1993, to station manager, a position he retained until October 3, 1994. At the time Watkins was hired, J & S was aware that he suffered from heart problems. On July 23, 1994, Watkins suffered a heart attack that caused him to be out of work until August 28, 1994, when he returned to his position without restrictions. On September 17, 1994, Watkins suffered another heart attack and subsequently underwent surgery. Watkins was released from the hospital on September 26, 1994, and was granted unpaid leave from work by his employer through November 6, 1994.

On October 3, 1994, during Watkins' leave, J & S Human Resources Officer Wade Look ("Look") notified Watkins that J & S planned to replace him with another employee in his position as manager of the Farmingdale station. Watkins remained on the employment roll, however, and continued to receive insurance benefits from J & S until November 6, 1994. On several occasions Watkins was offered other positions with J & S. On November 7, 1994, Look telephoned Watkins to inform him that his leave period of twelve weeks had expired and that J & S would no longer be responsible for his health insurance premiums. Look inquired into Watkins' interest and ability to return to work, but Watkins, after learning that his position as station manager was no longer available, told Look that he and J & S "were going to part company." (Watkins Dep. at 45.)

On December 27, 1994, Watkins filed a complaint with the Maine Human Rights Commission ("MHRC") alleging that he was discriminated against in his employment on the basis of a physical disability (heart attack) by officials of J & S on October 3, 1994, when he was replaced in his position as manager. The MHRC concluded that there were no reasonable grounds to believe that Watkins was unlawfully discriminated against on the basis of a physical disability by J & S pursuant to the Maine Human Rights Act ("MHRA"), 5 M.R.S.A. §§ 4551-4632, and dismissed the complaint.

Watkins subsequently initiated this action, alleging in his Complaint that instead of holding his position open, J & S "terminated" him from his station manager position before the twelve week leave period mandated by the FMLA expired and failed to offer him an equivalent position in violation of the FMLA. In addition, Watkins claims that his replacement on October 3, 1994, was "due to the perception" of J & S that Watkins had a physical impairment, in violation of the ADA. Finally, Watkins alleges that he suffered "extreme emotional distress" as a result of the treatment he received from J & S. Watkins seeks back-pay with interest, reinstatement (or, in the alternative, front-pay), and money damages.

III. FAMILY AND MEDICAL LEAVE ACT

The Family and Medical Leave Act provides that "an eligible employee shall be entitled to a total of 12 workweeks of leave during any 12-month period ... [b]ecause of a serious health condition that makes the employee unable to perform the functions of the position of such employee." 29 U.S.C. § 2612(a)(1)(D). At the end of such leave, the FMLA requires an employer to restore the employee either to the position held by the employee when the leave commenced or to an equivalent position. 29 U.S.C. § 2614(a)(1)(A), (B).

In order to establish a prima facie case for a FMLA violation, Plaintiff must produce evidence that: (1) he is protected under the Act; (2) he suffered an adverse employment decision; and (3) either he was treated less favorably than an employee who had not requested FMLA leave or the adverse decision was made because of his request for leave. Oswalt v. Sara Lee Corp., 889 F.Supp. 253, 259 (N.D.Miss.1995), aff'd, 74 F.3d 91 (5th Cir.1996).

Because there remain genuine issues of material fact regarding Plaintiff's FMLA claim, Plaintiff's Motion for Partial Summary Judgment on Count I must be denied. It is undisputed that Plaintiff was an "eligible employee" entitled to FMLA leave. Plaintiff in his Motion for Partial Summary Judgment appears to argue that he suffered an adverse employment decision (1) when he was replaced in his position as manager of the Farmingdale station on October 3, 1994, and (2) when Defendant failed to reinstate him or offer him an equivalent position at the end of twelve weeks of leave.

The Court is persuaded that the October 3 replacement of Plaintiff does not necessarily constitute an adverse employment decision under the FMLA. The FMLA guarantees only that, on return from leave, an employee shall either be (a) restored to the position of employment held by the employee when the leave commenced; or (b) "restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment." 29 U.S.C. § 2614(a)(1). "[T]he FMLA does not require that an employee be returned to the exact position that he held prior to embarking on his leave." Brown v. J.C. Penney Corp., 924 F.Supp. 1158, 1163 (S.D.Fla.1996); see 29 C.F.R. § 825.214(a) (noting that an employee is entitled to reinstatement "even if the employee has been replaced").

Failure to offer Plaintiff an equivalent position at the end of his leave may, however, constitute an adverse employment decision. Plaintiff has produced evidence that the positions offered him, a third shift attendant position and a vaguely described office job, were not equivalent to the station manager position that he occupied before his FMLA leave. (Watkins Aff. ¶¶ 5, 8.) In addition, Plaintiff has presented some evidence that the failure to provide him with an equivalent position was due to the medical condition that necessitated his leave.

In its Motion for Summary Judgment, Defendant claims that Plaintiff was unable to return to any form of work at the end of the twelve week FMLA leave period and that, therefore, it was under no duty to provide him with equivalent employment. Indeed, if after twelve weeks of leave Plaintiff was unable to return to work, Defendant was thereafter under no duty to provide him with equivalent employment. If at the end of the FMLA leave period, "the employee is unable to perform an essential function of the position because of a physical or mental condition, including the continuation of a serious health condition, the employee has no right to restoration to another position under the FMLA." 29 C.F.R. § 825.214(b). However, viewing the evidence in a light most favorable to Plaintiff, the Court cannot conclude that Plaintiff was unable to perform the essential functions of his position. The twelve week FMLA protection period expired on November 6, 1994.¹ It is unclear from the record whether Plaintiff was capable at that time of returning to work.

Defendant also contends that Plaintiff, angry at being replaced, never provided it with a time frame for his expected return to work or with medical certification, and quit before Defendant had an opportunity to place him in an equivalent position. It is uncontroverted that at the end of the twelve week FMLA leave period, Plaintiff stated "we are going to part company." (Watkins Dep. at 45.) However, viewing the evidence in a light most favorable to Plaintiff, the Court cannot conclude as a matter of law that Plaintiff's actions absolved Defendant of its duties under the FMLA. Therefore, Defendant's Motion for Summary Judgment is denied as to the FMLA claim.

IV. AMERICANS WITH DISABILITIES ACT

The ADA prohibits discrimination "against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment." 42 U.S.C. § 12112(a). The ADA defines a "qualified individual with a disability" as "an individual with a disability, who, with or without reasonable accommodation, can perform the essential functions of the employment position that...