Backhaus v. General Motors LLC

54 F. Supp. 3d 741, 30 Am. Disabilities Cas. (BNA) 1204, 2014 U.S. Dist. LEXIS 132266, 2014 WL 4705111
CourtDistrict Court, E.D. Michigan
DecidedSeptember 22, 2014
DocketCase No. 12-13698
StatusPublished
Cited by5 cases

This text of 54 F. Supp. 3d 741 (Backhaus v. General Motors LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Backhaus v. General Motors LLC, 54 F. Supp. 3d 741, 30 Am. Disabilities Cas. (BNA) 1204, 2014 U.S. Dist. LEXIS 132266, 2014 WL 4705111 (E.D. Mich. 2014).

Opinion

ORDER

JULIAN ABELE COOK, JR., District Judge.

The Plaintiff, Bruce Backhaus, filed this action against the Defendant, General Motors LLC (“GM”), alleging that it had violated his rights under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101, and Michigan’s Persons With Disabilities Civil Rights Act, Mich. Comp. Laws § 37.1101 (“PWDCRA”). His amended complaint alleges that GM (1) refused to provide him with reasonable employment accommodations, (2) failed to conduct an individualized assessment of his ability to work, (3) improperly restricted him from performing certain jobs, (4) constructively terminated his employment, (5) did not allow him to return to his previous employment^ and (6) severely curtailed his disability benefits in an act of retaliation for this lawsuit. Currently before the Court is the GM’s motion for summary judgment.

I.

Since approximately May 6, 1985, Back-haus has worked at various GM plants in a variety of positions, including his service as a forklift driver. He has been legally blind in his left eye since birth.

While working at GM’s engine plant in Livonia, Michigan, he — notwithstanding having been declared to be legally blind— applied for' a job opening at the Milford plant. He received a response from GM; however, the parties disagree as to whether Backhaus had applied to work as a test track driver or as a fork lift driver. According to GM, Backhaus received an offer to work as a test track driver, subject to certain conditions, including a requirement that he pass the medical exam. According to Backhaus, a number of positions were available, including those of forklift driver and shuttle bus driver. (Backhaus Dep. 98:21,115:19, Mar. 7, 2013).

Following the customary procedure for all transfers between plants, the physician at the Milford facility, Dr. Rex Brown, reviewed Backhaus’ medical records and discovered that he was blind in one eye. It was Dr. Brown’s conclusion that Back-haus would not pass the requisite vision test for a test track driver.1

As a result1 of Dr. Brown’s conclusion, the Milford offer was rescinded, and Back-haus remained at the Livonia plant. Feeling aggrieved, he filed a discrimination claim with the Equal Employment Opportunity Commission (“EEOC”). ■ The EEOC investigated his claim and notified Backhaus that it did not find a violation of any federal regulation. Rather, the EEOC determined that his transfer had been denied because Backhaus had been offered a test track driver position, which he could not perform safely.

At the same time that he filed his claim with the EEOC, Backhaus also filed a grievance with GM. While his grievance against GM was pending, the Livonia engine plant closed its operations. As a [745]*745result of the closure, Backhaus accepted a transfer to the GM transmission assembly plant in Toledo, Ohio. While at the Toledo plant, he was notified that he (1) had won his grievance, and (2) would be transferred to the GM facility at Milford, Michigan. A letter memorializing the disposition of his case read in part that,

[t]he grievant will be extended an offer to transfer to the GM Milford Proving Grounds site as soon as practicable following ratification of the 2011 National Agreement, subject to the normal placement process. The parties discussed the fact that the grievant’s restrictions may prevent him from performing available jobs, as discussed during bargaining, but GM reiterated its commitment to providing reasonable accommodations.

(Letter to Brian Rivet, Sep. 13, 2011, ECF No. 17-1). Backhaus claims he did not see this letter until after he transferred to Milford. Timothy McNamara, the human resources labor relations manager for Milford, stated that when Backhaus transferred to Milford after winning his grievance, he was only considered for a test •track driver position. (McNamara Dep. 12:21, May 21, 2013). The stated reasons for this conclusion were that (1) his new transfer was simply a reinstatement of an original offer in 2009, which was for a test track driver, and (2) no other positions were open at the time. Id. at 13. Prior to starting work at the Milford plant, Back-haus participated in the usual hiring process, which included a vision examination. At this time, there was no standard vision test that was enforced by the GM nationwide. (Brown Dep. 37:7, May 21, 2013). Each facility conducted its own examinations by its own standards. Id. Thus, an employee, who is cleared to drive at one facility, will not necessarily be cleared to drive at another facility. Id. at 38:8. It was the policy of the Milford plant to follow the Department of Transportation (“DOT”) regulations for commercial drivers, which requires 20/30 or better vision in each eye on the acuity test and a minimum of seventy degrees on the peripheral vision test. Id. at 43:2-10. In addition to the tests required by DOT regulations, the Milford plant also requires a score of at least four out of nine on a depth perception test. Id. at 43:13-19. On the acuity test, Backhaus received a score of 20/13 in his right eye and for both eyes together, indicating vision that is better than normal. Id. at 44:11-24. However, he scored zero in his left eye, which is the limit of the testing machine and considered legally blind. Id. On the peripheral vision test, he scored 85 degrees with his right eye but only 55 degrees with his left eye. Id. at 49:10-14. He scored seven out of nine correct answers on the depth perception test. Id. at 45:6. As a result of the scores he received with his left eye, he failed the acuity and peripheral vision tests. He passed the depth perception test. Dr. Brown maintains that the vision requirements at the Milford facility are higher than at the other GM plants because the physical layout of the plant makes driving difficult. He insists that the environment at Milford is very different from the environment at other GM plants. Id. at 67:25-68:18. The forklift drivers do not operate in an open warehouse with low pedestrian traffic. Rather, “[the] warehouse is lined with ... racks and narrow aisle ways and people walking around getting parts because the people going to get parts are using these same aisle ways as the [forklift] drivers. Normally in a GM plant, the [forklift] drivers are in one area, they’re operating ... on one side and the people are working on the other side of the rack.” Id. at 68:21-69:3. According to Dr. Brown, Backhaus’ poor visual acuity and [746]*746depth perception would be a concern in the “dark, dimly-lit aisleways.” Id. at 55:9.

Notwithstanding Dr. Brown’s medical assessment, Backhaus claims that he is able to adequately compensate for his blind left eye by constantly turning his head to make up for his lack of peripheral vision. (Backhaus Dep. 43:13, 44:25-45:3). Backhaus’ family physician, Dr. Mary Greiner, wrote the following note which affirmed her patient’s ability to compensate for his monocular vision. In part, her note read: “[Backhaus] explains to me that he is a marksman rifle shooter and has long been accomplished at baseball. Due to his mastery of these sports, I have to conclude that he effectively compensates for his monocular vision using other clues to accurately perceive distances.” (PL’s Resp., Ex. 15, Mary Greiner, D.O. Assessment of Backhaus, EOF No. 20-15).

After receiving the note, Dr. Brown called Dr.

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54 F. Supp. 3d 741, 30 Am. Disabilities Cas. (BNA) 1204, 2014 U.S. Dist. LEXIS 132266, 2014 WL 4705111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/backhaus-v-general-motors-llc-mied-2014.