Cartwright v. Lockheed Martin Utility Services, Inc.

40 F. App'x 147
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 3, 2002
DocketNo. 00-6671
StatusPublished
Cited by8 cases

This text of 40 F. App'x 147 (Cartwright v. Lockheed Martin Utility Services, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cartwright v. Lockheed Martin Utility Services, Inc., 40 F. App'x 147 (6th Cir. 2002).

Opinion

PER CURIAM.

Plaintiff, Richard D. Cartwright, appeals from entry of summary judgment in favor of his employer, Lockheed Martin Utility Services, Inc. (LMUS), with respect to his claims of race discrimination, disability discrimination, and retaliation for filing an EEOC charge, which were brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e), and the Americans with Disabilities Act (ADA) of 1990, 42 U.S.C. § 12112(a).1 Plaintiff argues that [149]*149the district court erred in finding (1) that he was not disabled as defined by the ADA; (2) that he did not suffer materially adverse employment actions culminating in his constructive discharge; (3) that he failed to establish a prima facie case of race discrimination; and (4) that he was unable to show a causal connection between protected activity and an adverse employment action. After review of the record and the arguments presented on appeal, we affirm.

I.

In 1974, plaintiff, an African-American male, began working at Paducah Gaseous Diffusion Plant, which enriches uranium for use in atomic reactors.2 A graduate of the Institute of Electronic Technology in Paducah, plaintiff quickly transferred into the instrument shop and worked as an instrument mechanic until he applied for short-term disability benefits in January 1999. The district court summarized the relevant facts as follows:

During most of the last decade, Plaintiff worked as an instrument mechanic operating photohelic instruments, which are flow gauges used to measure the flow of liquids involved in the processes at the plant. Plaintiff sat at a workbench to repair devices. He spent approximately half of his time at a bench and half of his time at other work stations in the instrument mechanic room. Plaintiffs immediate supervisor for several years ha[d] been Stan Jones, an African American. In 1996, Randy Cothron became Jones’s supervisor. Jones and Cothron shared offices close to Plaintiffs work station.

Plaintiff received a work-related injury in 1992. His condition became worse and he had neck surgery in June 1995. After the surgery, he worked with a 10 to 30 pound lifting restriction. At the present time, Plaintiff has no working restrictions related to his neck condition. He received a workers’ compensation settlement of 12% partial disability. In fall 1996, Plaintiff claims that he requested reasonable accommodations to assist him with his work. He claimed that his neck pain required him to raise his workbench and to obtain a special chair. Jones obtained a block of wood to raise Plaintiffs work station, but Plaintiff was not satisfied because the block of wood required some positioning [and was too heavy for him to comfortably move.] The company conducted an ergonomics test in 1996, which Plaintiff found unsatisfactory. Plaintiff claimed that he continued to work in pain, and his productivity declined. Supervisor Jones criticized Plaintiff for his poor productivity. However, Plaintiff did not receive any disciplinary action for the reduction in productivity. In 1998, the company performed a second ergonomics study for Plaintiff. Plaintiff received a specially ordered chair and a vise assembly that allowed Plaintiff to work comfortably at his station.

Plaintiff alleges that he is disabled and that the company refused [to] reasonably ... accommodate the Plaintiffs needs to take prescription medication necessary to control his neck pain. Plaintiff was taking Darvocet and Lor-tab. The company’s policy was not to allow employees to work around machinery when they were taking such medications. If Plaintiff needed to take the medications, the company would send him home and pay him for the rest of the day. Plaintiff cannot identify any [150]*150white employees who were allowed to work while taking similar medication.

Plaintiff claims that he suffers from sleep apnea. The company has no record of a doctor’s diagnosis of sleep apnea. Plaintiff has received two machines to help him with his nighttime breathing. There is no record of Plaintiff asking for any specific accommodation for sleep apnea.

Plaintiff complains of other instances of alleged discrimination. In May 1995 and May 1996, Plaintiff requested permission to take a computer course at company expense. The course, entitled “Learn to Use the PC with Multimedia” cost $2,489.00 and included a computer which the participant could keep. Plaintiff was not certain what the course was about, but he believed it would help him with future promotions. Dale Miles, a supervisor, and Cothorn denied the request without giving Plaintiff a reason. Plaintiff claims that white workers were able to take computer courses. In 1998, Plaintiff applied for another computer course which cost $680.00. The company approved the course, but Plaintiff did not attend, [and explained at deposition that] he was just testing the company.

Plaintiff claims that he was disciplined in 1996 for making a complaint about safety issues. Before the beginning of work, the supervisors of the instrument department held a meeting in the lunchroom for all employees to review safety issues and work assignments for the day. Plaintiff frequently missed these meetings. He often stood in the hall, outside the view of the supervisors. Sometimes he did not change into his work attire, as required. Plaintiff believed that the lunchroom was too small to hold the meeting. He complained to his supervisors about the occupancy level of the lunchroom. The supervisors believed that Plaintiff was using the concerns about occupancy as an excuse for not attending the meeting on time. Plaintiff received a “coaching and counseling” written reprimand for his failure to attend the safety meetings. The reprimand is a form of discipline, but it does not involve any job detriment. Plaintiff states that white and non-disabled employees also stood outside of the room because of safety concerns. Plaintiff filed a complaint with OSHA alleging that he was being discriminated against for making a safety complaint. OSHA dismissed the complaint and Plaintiff dropped the appeal.

On January [6], 1997, Plaintiff [signed] a charge with the EEOC. He alleged discrimination based on race and disability because the company denied him education assistance and refused to raise his workbench to accommodate him. On January 10, 1997, Plaintiffs supervisors, Cothorn and Jones, gave Plaintiff a written reminder discipline for his bad attitude and insubordination. On January 13, Cothorn and Jones found Plaintiff asleep at his work station. Sleeping on the job at any time was prohibited. Pursuant to the company’s no tolerance policy, Plaintiff was discharged. Plaintiff was reinstated later by an arbitrator. Plaintiff claimed that he was not sleeping, but reading the Bible and meditating. However, the arbitrator found the supervisors’ testimony regarding Plaintiffs sleeping credible. He felt the company’s zero tolerance policy was unfair. Plaintiff claims that the company found similarly-situated white and non-disabled employees sleeping on the job but did not terminate them.

After his reinstatement in December 1997, Plaintiff claims that he was mistreated. Security escorted him at the plant because he had lost his security [151]*151clearance after his discharge. It took six months to reinstate his security clearance.

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Bluebook (online)
40 F. App'x 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cartwright-v-lockheed-martin-utility-services-inc-ca6-2002.