Young v. Dayton Power & Light Co.
| Decision Date | 14 May 2012 |
| Docket Number | Case No. 1:11-cv-119 |
| Parties | WILLIAM YOUNG, Plaintiff, v. THE DAYTON POWER AND LIGHT COMPANY, Defendant. |
| Court | U.S. District Court — Southern District of Ohio |
This civil case is before the Court on the Motion of the Dayton Power and Light Company ("DP&L") for Summary Judgment. (Doc. 12). Plaintiff William Young ("Young") filed a Memorandum Contra DP&L's Motion. (Doc. 16). DP&L then filed a Reply Memorandum. (Doc. 18). DP&L's Motion for Summary Judgment is now ripe.
Plaintiff William Young ("Young") began employment with Defendant Dayton Power and Light ("DP&L") on January 14, 1980 as a Series B coal handing operator. Young continued in his employment with DP&L for over thirty years, until December 13,2010, when DP&L concluded that Young abandoned his position by failing to show for work. During his employment, Young worked on a crew that included anywhere from eight to twelve people working in rotating shifts, some day shifts and some night shifts. Young describes his relationship with his co-workers as "family" at times and "children" at other times. Young contends that he was subjected to harassment by many employees during his employment with DP&L.
In November 1995, Young was criminally prosecuted in Adams County, Ohio, on charges that he molested a little girl in his neighborhood. A jury acquitted Young of the criminal charges following trial. Shortly after the trial, Young became depressed, began taking Zoloft and was hospitalized some time in 1996 for mental health issues at Stoner Creek Counseling Centre in Paris, Kentucky. Upon returning to work, a particular coworker, G.L., began calling him names like "baby raping bitch." Young reported G.L.'s actions to a supervisor, who eventually resolved the issue.
At some unknown time before 2005, a co-worker, D.J., asked Young for oral sex at work. Young admitted that he never reported the incident to DP&L because it was "too embarrassing." In 2008, after Young told his co-workers that he was going to the hospital for hemorrhoid surgery, D.J. asked Young if he was going to a mental hospital.
Young contends that a co-worker, D.W., did "piddly" things to him, such as follow Young in his car and run his bright lights. D.W. also threw Young's tools away. D.W. and another co-worker, B.O., tried to convince Young to take a new MSO job classification by stating that they did not need anymore "worthless [Series] B [coalhandling] men."2 Young also testified that B.O. told DP&L maintenance employees that Young was
Young also testified that one day co-worker J.V. "[blew] up at [him]," "called [him] all kinds of names and stuff," and "shook her fist" at him; co-worker R.C. told Young that there was no use for Young to move to R.C.'s neighborhood because "they wouldn't even allow an old cocksucker like you down there;" co-worker E.C. told Young some time in 2008 that Young to run the loader one day, which Young did not want to do because Young felt that it was not his job.
Finally, in February 2009, Young reported to DP&L that unknown co-workers wrote phrases about him on walls and in coal dust throughout the DP&L facility. The record in this case shows that such writing stated: "Bill Bastard" "Bastard Bill Y" "B.Y. Bastard" "Bastard Bill Young" "Bill Y Child Molester" "Bill Young like my kids" "Grow up Bill Young big cry baby" "Bill Young loves little boys" "Bill Y pervert" "Cocksuck Bill Y" "Bill Young takes it in the ass" "Bill Young Rat." Young contends that such conduct had been occurring for years. After Young notified DP&L of the writing,DP&L's plant manager, Mark Guerriero, conducted a meeting and DP&L promptly made an effort to remove the writing.
After reporting the graffiti in February 2009, Young entered DP&L's Employee Assistance Program at the urging of his union representative. Young was off work for approximately four months. In March 2009, during his leave, Young went to DP&L headquarters in Dayton, and presented pictures of the coal dust graffiti to DP&L human resources employee Susan Spires. Spires informed Young that, when he was ready to return to work, he would be assigned to a different crew.
During leave and thereafter, Young saw John Swann with DP&L's Employee Assistance Program. On April 9, 2009, Swann sent a letter to DP&L stating that he had been seeing Young on a weekly basis since February 2009, that Young's Young agreed with the content of Swann's letter.
On May 6, 2009, Swann sent another letter to DP&L reporting that Young "has improved to the point that a return to work is now possible given that the stressors present at admission have been addressed and corrective action initiated." Young agreed that he was ready to return to work, and did so on May 22, 2009. As promised by Spires, Young was assigned to a different crew, this time working on "C" crew. On that same day and continuing into June, DP&L conducted workplace harassment training for its employees,which Young attended along with other DP&L employees.
Young enjoyed working with his new crew and the new crew accepted him well. During a meeting with Swann on July 7, 2009, Young reported that he experienced no harassment with his new co-workers and he was pleased with DP&L's efforts to educate the employees and prevent further incidents. Again, on August 11, 2009, Swann noted that Young continued to make good adjustments upon his return to DP&L, that he did not experience any harassment, and that Young was pleased with management's efforts to train employees on harassment and insure a safe work environment. Young believed that DP&L's human resources department was doing everything it could do to assist him.
In early 2010, Young began signing up to work overtime but failing to work the overtime shift. On January 15, 2010, Young accepted overtime work for January 16, but called in the evening of January 15 to say that he would not be working overtime due to "harassment." Young believed that he was being forced to work overtime when other employees were not being forced to work overtime. Again, on January 26, 2010, Young accepted overtime for January 27, then wrote on the overtime list on January 26 that he was not going to work the overtime shift.
On January 29, 2010, Young had a meeting with his supervisors about these overtime incidents. Young agreed that DP&L was reasonable in its request that Young should not accept overtime and then refuse to work. On February 5, 2010, Young had a follow-up meeting with his supervisors concerning the same issues regarding overtime. Young agreed that DP&L was correct in addressing the issue with him.
On June 2, 2010, Young testified that he came out of the shower at DP&L and could not locate his clean clothes. Young believed that somebody had taken them. Young reported the incident to Jerry Howard, his supervisor. Days later, on June 4, 2010, Young reported to work at DP&L at one in the morning despite not being scheduled to work. Young does not recall going to work that day. According to Young, he simply does not remember two or three whole days during that period of time. After this incident, DP&L suggested that Young see a physician for an evaluation.
On June 11, 2010, Young saw Dr. Mark Wallingford, who, upon evaluating Youngs' physical and mental health, opined that there were no physical, emotional, or psychiatric reasons Young could not perform his job. On July 8, 2010, Young met with Dr. Jean Cooper, who, based upon her evaluation of Young, recommended that Young could return to the same work environment if he increased his Zoloft medication. Despite Dr. Cooper's recommendation, Young did not return to work.
When Young failed to return to work pursuant to Dr. Cooper's recommendation, DP&L offered Young a disability package on or about October 8, 2010. The offer was presented as a "resolution of all contractual or other legal rights [Young had] concerning [his] employment with [DP&L]." The package would have paid Young disability until age 65 with an additional sum of $40,526.64, but required that Young "agree [to] never sue DP&L . . . or any people employed by the Company for any act that occurred on or before the effective date of [the] agreement." Wanting to return to work, Young rejected the disability package offer.
On December 2, 2010, when Young still had not returned to work pursuant to Dr. Cooper's recommendation, DP&L Station Manager Mark Guerriero sent Young a letter informing him that there had been no medical report indicating that he could not return to work, and that he would no longer be paid effective December 3, 2010. Guerriero told Young to report to his normal work location with "C" crew on December 8, 2010 at 7:00 p.m. Guerriero informed Young that if he did not report to work at that time, it would be deemed an abandonment of his job.
Notwithstanding his receipt of Guerriero's letter, Young decided not to return to work. On December 8, 2010, when he failed to return to work as directed, Guerriero sent Young another letter informing him that a transfer and day shift positions were not options at DP&L and, nevertheless, they were not mandatory recommendations set forth by Dr. Cooper. In keeping with Dr. Cooper's recommendations that Young could return to work upon an increase in his medication, DP&L extended the time by which Young had to report to work to December 13, 2010. Guerriero again noted that should Young fail to return to work by December 13, 2010, such failure would be deemed job abandonment.
Young failed...
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