Equal Employment Opportunity Commission v. Daimler Chrysler Corp.

111 F. App'x 394
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 15, 2004
DocketNo. 02-2361
StatusPublished
Cited by11 cases

This text of 111 F. App'x 394 (Equal Employment Opportunity Commission v. Daimler Chrysler Corp.) 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
Equal Employment Opportunity Commission v. Daimler Chrysler Corp., 111 F. App'x 394 (6th Cir. 2004).

Opinions

ROGERS, Circuit Judge.

Thomas Diem applied for a position as a mechanic with DaimlerChrysler Corporation (“DCC”), and DCC offered Diem a job contingent upon his passing a physical examination. Due to a miscommunication between Diem and the DCC physician who examined him, the DCC physician mistakenly concluded that Diem suffered from a hip injury that limited his ability to bend. As a result, DCC withdrew the job offer. Diem then filed a complaint with the Equal Employment Opportunity Commission, which sued DCC under the Americans with Disabilities Act, or ADA, 42 U.S.C. § 12101 et seq. The district court granted summary judgment in favor of DCC, ruling that the EEOC had not created a genuine issue of material fact as to whether DCC withdrew its job offer because it “regarded” Diem as disabled or because of Diem’s “record” of disability. Because the EEOC has not created a jury question as to whether DCC “regarded” Diem as “substantially limited” in the major life activities of moving or working, or as to whether DCC based its rescission of the job offer on Diem’s “record” of disability, we affirm the judgment of the district court.

BACKGROUND

Thomas Diem is a mechanic. From 1972 until 1996, Diem worked as a mobile [396]*396equipment mechanic for McLouth Steel in Trenton, Michigan, repairing generators, bulldozers, gasoline tankers, trucks, and jitneys (also known as hi-lows).1 At this job, Diem routinely climbed large vehicles such as gasoline tankers and bulldozers, and his position also required bending, stooping, squatting, and twisting of his body. According to his supervisor, Diem was a good worker who performed every job assigned to him.

In 1976, at age 29, Diem began experiencing pain in his left hip. The pain grew progressively worse. By 1981, Diem was in constant pain, and he could not sit for longer than 15 or 20 minutes, could stand for only two or three hours, and could walk for only 100 yards. Because of this condition, Diem took a medical leave of absence from McLouth Steel in March 1982.

Diem was diagnosed with severe aseptic necrosis — a non-infeetious breakdown and degeneration of the bone. In April 1982, Diem had hip replacement surgery. He returned to his job at McLouth Steel in July 1983, following a long recovery. Though he experienced mild pain in his left hip area, Diem was able to perform all of his job duties without accommodation.

In March 1996, McLouth Steel closed. Diem joined Friendly Ford as an auto mechanic, and he performed his job without any restrictions, even though the job required bending, stooping, and twisting. In February 1996, prior to McLouth Steel’s closure, Diem had applied for employment with DCC. In July 1996, he interviewed with Stephen Venglarcik, Maintenance Area Manager at DDC’s Detroit Axle Plant, and another supervisor for a position as a jitney repair mechanic. Diem was offered the job contingent upon his passing a physical examination.

Prior to the examination, Diem completed a “Self-Administered Medical History” form. On the form, Diem disclosed, among other things, that he had undergone hip replacement surgery and that, either presently or in the past, he suffered “hip, knee, ankle, or foot trouble or injury,” “hip, knee, ankle, or foot operation,” and “[p]ainful or swollen joints.” Additionally, a DCC employee prepared a “Preplacement Examination Insert” form, which stated that Diem had “left hip replacement due to arthritis in 1982” and walked “with limp due to hip replacement.”

Dr. Ajit Ray, then Plant .Physician for the Detroit Axle Plant, examined Diem. According to Diem, Ray performed “a normal physical.” However, Diem had difficulty understanding Ray because of Ray’s heavy accent, and he did not comply with what he later learned were Ray’s requests that he perform “physical tests,” including bending, stooping, and squatting. According to Diem, had he understood Ray’s instructions, he could have successfully completed the tests. Diem did understand Ray’s inquiry about a scar on his hip, and he informed Ray that the mark was from hip replacement surgery. Diem claims that he told Ray that he “did not understand what [Ray] was saying” two or three times. At his deposition, Ray testified that he could not remember the examination.

To Diem’s surprise, approximately 15 minutes after he left Ray’s office, a receptionist informed him that he had “failed” the examination. Ray completed an assessment form designating Diem as “Physically Qualified with [] specific restriction[s].” Specifically, Ray marked the following “Physical Qualification Codes” on the form: (1) “PQX 40” — “No Climbing. Permits ground level or platform work [397]*397and ordinary stair climbing”; and (2) “PQX 60” — “Minimal stooping, squatting, bending, or twisting of body.” Additionally, Ray wrote on the form, “No Squatting,” “No Climbing,” and “No Flexing of [Left] Hip [Greater Than] 90 .”

Ray forwarded his assessment to Christine Soukup, employment supervisor at the Detroit Axle Plant, and the pair discussed Ray’s conclusions. According to Soukup, Ray advised that, because of “something with the hip,” Diem could not “bend over into the jitney” without a risk of “significant harm.” Soukup then had several conversations with “operating management,” that is, Diem’s potential supervisors.2 Soukup explained the physical restrictions identified by Ray to the supervisors, and inquired whether they had a position available for Diem given his limitations. Soukup and the supervisors determined that Diem could not function as a jitney repair mechanic, a position requiring regular bending, but could perform “bench work.” Because a suitable position was not open at the Detroit Axle Plant, DCC rescinded its offer of employment.

The next month, Diem filed a charge with the EEOC. Approximately a year later, in the summer of 1997, DCC offered Diem a job at a different facility, which Diem declined based on the location and because he had scheduled a second hip replacement surgery for later that year. Finally, in January 1998, DCC hired Diem as a jitney repair mechanic at a third facility.

The EEOC filed suit against DCC in the United States District Court for the Eastern District of Michigan, charging that DCC “had failed to hire Diem as a Jitney Repairman at its Detroit Axle Plant on the basis of his disability (mobility impairment)” in violation of the ADA. The EEOC conceded that Diem was not actually disabled, but contended that DCC refused to hire Diem because it “regarded” him as disabled and because of Diem’s “record of’ disability.

The district court granted DCC’s motion for summary judgment. The court rejected the EEOC’s argument that DCC “regarded” Diem as having a “mobility” disability, reasoning that DCC simply believed that Diem lacked the mobility to perform a particular job rather than believing that Diem’s mobility was severely restricted in comparison to an average person in the general population. Further, the court dismissed the EEOC’s contention that DCC “regarded” Diem as having a “working” disability. It explained that, although DCC believed that Diem’s condition substantially limited his ability to work, this belief did not give rise to liability because it was based on Diem’s failure to perform the tests — itself the product of “miscommunication” — and not on “biases, ignorance, or unfounded fears” about Diem’s impairments.

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Bluebook (online)
111 F. App'x 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equal-employment-opportunity-commission-v-daimler-chrysler-corp-ca6-2004.