Wheaton v. Ogden Newspapers, Inc.
| Decision Date | 08 October 1999 |
| Docket Number | No. C98-3029MWB.,C98-3029MWB. |
| Parties | Margaret Gail WHEATON, Plaintiff, v. OGDEN NEWSPAPERS, INC. d/b/a Messenger Printing, a/k/a Messenger Printing Co., Defendant. |
| Court | U.S. District Court — Northern District of Iowa |
Mark D. Sherinian, Moranville, Jackson & Shernian, West Des Moines, IA, for Plaintiff.
Daniel L. Hartnett, Crary, Huff, Inkster, Hecht & Sheehan, Sioux City, IA, for Defendant.
This is an action for disability discrimination in employment, brought pursuant to the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., and the Iowa Civil Rights Act, Iowa Code (ICRA) Ch. 216. In its motion for summary judgment, the defendant has posed the following two questions: Whether plaintiff, who suffers from a back condition, is a disabled person within the meaning of the ADA, and the ICRA, and if so, whether that plaintiff is qualified and entitled to protection under these two provisions. The defendant asserts that it is entitled to judgment as a matter of law because plaintiff is not disabled, has no record of a disability, and the defendant did not regard plaintiff as disabled. In contrast, plaintiff asserts that her back condition renders her disabled, she has a record of a disability, and the defendant regarded her as disabled.
On April 20, 1998, Plaintiff Margaret Wheaton filed a complaint against her former employer, Ogden Newspapers, Inc. (Ogden), seeking damages resulting from her termination on July 30, 1997. In her complaint, Wheaton alleges two causes of action: (1) a claim of disability discrimination pursuant to the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq.; and a similar claim under Iowa Code Chapter 216 et seq. Ogden answered Wheaton's complaint on May 15, 1998, denying Wheaton's claims and asserting various defenses.
On August 13, 1999, Ogden filed a motion for summary judgment on both of Wheaton's claims. In its motion, Ogden claims that Wheaton is not "disabled" within the meaning of either the ADA, or Chapter 216 of the Iowa Code. Ogden asserts that Wheaton did not have a physical impairment that substantially limited one or more of her major life activities. In addition, Ogden contends that its management, namely Bob Howe and Larry Bushman, never perceived Wheaton to be disabled; rather, they simply regarded Wheaton as having back problems. Ogden claims that Wheaton's own alleged statement concerning her inability to do the work was the impetus behind her termination. Accordingly, Ogden claims that since Wheaton's back problems prevented her from performing the essential functions of her job as a bindery worker, the next query is whether Ogden provided Wheaton with reasonable accommodations. Ogden claims that it made genuine attempts to accommodate Wheaton, but Wheaton was unresponsive. Ogden therefore claims that Wheaton was the party responsible for the breakdown of the interactive process by which reasonable accommodation for Wheaton's disability could have been determined.
Wheaton resisted Ogden's motion on September 22, 1999, claiming that there are genuine issues of material facts in dispute regarding both of her claims. Wheaton argues that she has raised material fact questions pertaining to whether she has a disability, and whether she was terminated because of her disabling condition. Wheaton also contends that her superiors, Howe and Bushman, regarded her as having an impairment that substantially limits her major life activities. Wheaton avers that addressing the reasonable accommodation aspect of her claim is irrelevant because she has not alleged that her employer failed to reasonably accommodate her, but, instead, asserts that she was an individual with a disability who, with reasonable accommodation, could perform the essential functions of her job. On September 28, 1999, Ogden filed a supplemental brief in support of its motion for summary judgment.
On September 29, 1999, the court held oral arguments concerning Ogden's motion for summary judgment. Ogden was represented by Daniel L. Hartnett, Crary, Huff, Inkster, Hecht & Sheehan, Sioux City, Iowa. Wheaton was represented by Mark D. Sherinian, Moranville, Jackson & Sherinian, West Des Moines, Iowa. Before discussing the standards for Ogden's motion for summary judgment, the court will first consider the factual background of these proceedings.
The court will discuss here only the nucleus of undisputed facts pertinent to the present motion for summary judgment. In its legal analysis, the court will address, where necessary, Wheaton's assertion that genuine issues of material fact may preclude summary judgment on her disability discrimination claims.
The summary judgment record reveals that the following facts are undisputed. Ogden Newspapers, Inc. is a West Virginia corporation with its principal place of business in Wheeling, West Virginia. Ogden owns 32 newspapers and approximately 25 other properties. As part of this corporation, Ogden maintains a sheet-fed printing company in Fort Dodge, Iowa, known as "Messenger Printing". Larry Bushman is both the general manager and publisher of Messenger Printing. Bob Howe is the sales manager of Messenger Printing.
Wheaton was an employee of Ogden's "Messenger Printing" Company in Fort Dodge, Iowa, from 1982 until 1997, the year of her termination. In 1979, while performing household chores, specifically, operating the vacuum, she injured her back. She sought treatment from her physician, Dr. Hoyt Allen, and was hospitalized for ten days for an "acute, sub-acute, and chronic lumbosacral strain." Dr. Allen prescribed Valium and Motrin for her back condition. In 1981, Wheaton was hospitalized a second time for the same type of back pain, which was so severe that it rendered her unable to walk. She was treated with medical relaxants, muscle relaxants, and physical therapy. Upon her discharge, Wheaton continued to experience back pain. In 1982, Wheaton applied for a part-time position at Messenger Printing. However, before accepting this position, Wheaton indicated to Bob Gregerson, the hiring manager, that she had problems with her back. Nonetheless, Mr. Gregerson hired her on an "as needed" basis with no set hours. Mr. Gregerson indicated that her duties involved collating, stapling, and working on the "minibinda," which is a gluing machine, but assured her if any lifting needed to be done, she was to ask one of the other employees to do it. This she did and it worked satisfactorily. Between 1982 and 1993, Wheaton occasionally experienced flare-ups in her back, and was also bothered by standing for long periods of time doing continuous work. In order to ameliorate the pain, Wheaton took breaks. During this phase of her employment, the management of Messenger Printing was amenable to Wheaton's situation.
In 1993, Brad Lennon, the shop foreman at Messenger Printing, approached Wheaton about working in the front office full time. She discussed her capabilities with her superiors, and they determined that her qualifications rendered her suitable for the office position. Larry Bushman, the general manager, was aware of Wheaton's back condition, but believed that she could perform the functions of the job. Wheaton accepted the offer, and was transferred to the front office as a secretary, performing tasks such as filling out job tickets, taking phone orders, filing and writing reports, and general book work. Wheaton needed help occasionally with emptying file drawers, and recruited the help of a co-workers to complete this task. While doing this, she never encountered criticism from management. While in this secretarial position, Wheaton continued to experience back pain, and in an effort to alleviate the pain, she began to see a chiropractor, Dr. D.L. Musselman, in February of 1995.
In April 1997, Wheaton was diagnosed with breast cancer, which resulted in a complete mastectomy of her left breast. She underwent this surgical procedure on April 14, 1997, and returned to work in the front office, on a part time basis, on May 2, 1997. Later, she returned to full time work with a letter from her physician,...
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