White v. A.J.M. Packaging Corp.
| Decision Date | 18 May 2023 |
| Docket Number | 2:21-cv-11848 |
| Parties | TYTUS WHITE, Plaintiff, v. A.J.M. PACKING CORPORATION, Defendant. |
| Court | U.S. District Court — Eastern District of Michigan |
ORDER RESOLVING PLAINTIFF'S PENDING MOTIONS (ECF Nos. 54, 55, 56, 58, 60, 61, 62, 63) [1]
This is an employment case. Plaintiff Tytus White (White) is suing Defendant A.J.M. Packing Corporation (AJM) alleging that his termination constituted unlawful disability discrimination under the Americans with Disabilities Act (ADA). See ECF No. 12. Under 28 U.S.C. § 636(b)(1), all pretrial matters were referred to the undersigned. (ECF No. 6).
Before the Court are AJM's motion for summary judgment, (ECF No. 27), as well as numerous motions filed by White, (ECF Nos. 54, 55, 56, 58, 60, 61, 62, 63),[2] asking the Court to take judicial notice and/or requesting to amend his complaint. AJM's motion is fully briefed. (ECF Nos. 43, 51, 57).[3]For the reasons set forth below, it is RECOMMENDED that AJM's motion for summary judgment be GRANTED and the case be DISMISSED.
This lawsuit arises out of White's brief period of employment with AJM. The material facts as gleaned from the parties' papers follow.
AJM manufactures “paper plates, cups, bowls, and bags for commercial and retail customers.” (Guy Miele Sworn Statement, ECF No. 27-1, PageID.129). It does so at “several production facilities across the country, including in Southfield, Michigan.” (Id.). White was hired as a Packer in the Plate Department at this facility. (Id.). Someone in this position must “gather plates from a conveyor belt and then package and seal the plates securely.” (Id.). The individual then stacks the plates in preparation for delivery. (Id.). A Packer must be able to lift “up to 25 pounds” and perform all of his job duties “on a repetitive basis.” (Id.).
Additionally, a Packer must “continually use hands to finger, handle, and grab; and reach with hands and arms.” (Pack Job Description, ECF No. 27-2, PageID.136).
Guy Miele (Miele), AJM's long-serving Director of Human Resources (HR), stated in a sworn statement that White's first day of work was Thursday, March 12, 2020. (ECF No. 27-1, PageID.129-130; White Deposition, ECF No. 27-8, PageID.175). On that date, White “completed new employee paperwork and began orientation.” (ECF No. 27-1, PageID.130). HR employee Ciara Voran nee Antowiak (Voran) oversaw White's orientation and her responsibilities included “explaining what people were signing and how to fill out new hire forms.” (Voran Deposition, ECF No. 27-5, PageID.144). The orientation was a group orientation for approximately a half dozen new AJM employees. (Id.).
During orientation, the group “was shown several training films.” (ECF No. 27-1, PageID.130; ECF No. 27-8, PageID.175). Voran testified that while watching the last film, White pulled her aside to let her know “that he was having some cramps in his hand and wanted to take a break.” (ECF No. 27-1, PageID.130; ECF No. 27-5, PageID.144-145). Voran permitted White to take a break and notified HR Manager Lisa Collum (Collum) about White's comments. (ECF No. 27-1, PageID.130; Collum Deposition, ECF No. 27-6, PageID.154).
Collum recalled Voran telling her that White said “that his hand had fallen asleep and that he brought up that that happens sometimes, that he had a hand that would go numb if he was in any type of repetitive motion job or work[.]” (ECF No. 27-6, PageID.154). Voran also reported that White asked her about the job's lifting requirements. (Id.).
White, however, testified that he never initiated a conversation with Voran or talked to her about his hand at all. (ECF No. 27-8, PageID.176). He explained that he told a fellow orientation attendee that “[his] hand fell asleep because [he] was leaning on it,” and that Voran appeared to have overheard this remark. (Id.). After hearing White mention his hand falling asleep, Voran left the room and when she returned, Collum was with her. (Id.).
Collum then held a meeting in her office attended by her, Plant Manager Robert Conchola (Conchola), and White, where she asked White about his alleged comments to Voran. (Id., PageID.176-177; ECF No. 27-1, PageID.130). According to Collum, White explained “that his hand sometimes goes numb in repetitive motion situations” requiring him to take a break. (ECF No. 27-1, PageID.130; ECF No. 27-6, PageID.155). He “also asked about the lifting requirements of the Packer position.” (ECF No. 27-1, PageID.130; ECF No. 27-6, PageID.156). “Collum reminded [White] that the job of Packer required repetitive motion and some heavy lifting, and stated that she wanted to make sure the Packer position was the right one for him.” (ECF No. 27-1, PageID.130; ECF No. 27-6, PageID.155).
Collum testified that at first, White attempted to reassure her that his hand would not be an issue, but about 15 minutes into the meeting appeared to change his mind. (ECF No. 27-6, PageID.155). In the end, Collum told White that he may need to have his hand evaluated by a doctor to make sure “he could perform the essential functions of the Packer position with or without accommodations, or if a different job would be a better fit.” (ECF No. 27-1, PageID.130; ECF No. 276, PageID.156). Collum also reassured White numerous times that he was not being fired. (ECF No. 27-6, PageID.156).
White's account of the meeting differs significantly from Collum's. (ECF No. 27-8, PageID.177). White testified that Collum questioned him about a prior hand surgery. (Id.). He told her that he had cut himself cooking two years prior, but that there was currently “nothing wrong with [his] hand.” (Id.). Conchola then said, “We can't allow you to work here.” (Id.). Collum repeated this statement back to White. (Id.). At no point did White mention his hand bothering him during periods of repetitive motion. (Id.). Neither Conchola nor Collum mentioned “that the job was very repetitive and required heavy lifting[.]” (Id.).
After the meeting, White was advised by his roommate to call an attorney about experiencing discrimination. (Id., PageID.178). White called a few attorneys. (Id.). White does not remember the names of any of the attorneys he called. (Id.). One of the attorneys “told [White] that [he] had been discriminated against.” (Id.). He suggested that White call AJM and say he would file a complaint if he was not allowed to work there. (Id.).
On Friday, March 13, 2020, the day after White's orientation and his meeting with Collum and Conchola, he called Miele to complain.[4](ECF No. 27-1, PageID.131; PageID.27-8, PageID.179). White told Miele that he was being discriminated against because AJM employees perceived him to have a disability and that he had been scheduled for an illegal medical examination. (ECF No. 27-1, PageID.131; PageID.27-8, PageID.179-180, 192). He also told Miele that he had to discuss his hand in a meeting with Collum and a “chunky Mexican,” which Miele presumed to be a reference to Conchola.[5](ECF No. 27-1, PageID.131; PageID.27-8, PageID.179). Miele, who had previously been unaware of the developing situation regarding White, said that he told White, he “would look into the situation,” (ECF No. 27-1, PageID.131), while White said that Miele told him, “that's not how we do things” and that he would call Collum, (ECF No. 27-8, PageID.180, 184).
White testified that he only spoke to Miele once that day, (id.), however, Miele testified that they spoke twice, (ECF No. 27-1, PageID.131). During their second conversation, Miele told White that he had investigated the matter and learned that White “was not being discriminated against but that, because of his comments regarding being unable to work when his hand cramped up, he was being scheduled for a medical examination to determine whether he could perform the essential functions of the Packer position with or without accommodation.” (Id.).
White testified that at some point on March 13, 2020, Collum called him to ask if he would be willing to undergo a physical examination. (ECF No. 27-8, PageID.178, 192). She apologized for what occurred during their meeting and expressed “that it was a misunderstanding on all of our parts.” (Id.).
Although Collum could not recall whether it occurred on March 13 or March 16, 2020, she stated that White called her to ask for more detail regarding what would occur during the medical examination. (ECF No. 27-6, PageID.157). White was upset and said that they “were discriminating against him.” (Id., PageID.158). Collum reexplained why AJM was requiring him to undergo a medical examination and that its decision was “based on the conversations that he had had with [A]M employees].” (Id.). At some point, White also emailed “several copies of something he pulled from the internet about discrimination and orientation and onboarding.” (Id.).
(ECF No. 27-3, PageID.138; ECF No. 27-7, PageID.168).
Miele testified that after the weekend, on Monday, March 16,...
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