Green v. Burton Rubber Processing, Inc.

30 F. App'x 466
Court of Appeals for the Sixth Circuit·Decided February 21, 2002·No. No. 00-5475·Published·Cited by 10 cases

Opinion

BATCHELDER, Circuit Judge.

Charles Green appeals the district court’s order granting his employer’s motion for summary judgment on Green’s claims of discrimination and retaliation under the Americans with Disabilities Act and the Family and Medical Leave Act. Green also appeals the dismissal without prejudice of his pendant state law claims. For the following reasons, we affirm the decision of the district court.

BACKGROUND

The defendant, Burton Rubber Processing, Inc.1 (“Burton Rubber”) employed the plaintiff, Charles Butch Green (“Green”), as a lab technician at its plant in Jonesborough, Tennessee. Green suffered from mental illness and frequently missed work because of his illness. Because of his inability to handle stress, he made numerous [468] requests for leave under the Family and Medical Leave Act (FMLA). Burton Rubber’s record in dealing with those requests prior to the termination of Green’s employment leaves a lot to be desired, but the record demonstrates that Green was able to obtain the leave to which he was entitled, albeit with some difficulty, and these requests for FMLA leave are not the subject of this appeal.

The nature of Burton Rubber’s business required that its employees work more than forty hours per week; the required overtime included weekends. Green obtained a letter from his psychiatrist advising that Green should be restricted to a work week of forty hours with weekends off. Burton Rubber accommodated the forty-hour restriction, but was not able always to accommodate the no-weekend restriction. Green then obtained a new letter from the psychiatrist, advising that Green’s work week should not exceed forty hours, and that out of every seven-day work week, he should have two consecutive days off.

This lawsuit arises out of the course of events that followed a meeting Green had with his supervisors during which he received a copy of his new work schedule. The schedule split his work week so that he would have to work some weekends in order to reach forty hours per week. Green angrily questioned this schedule. One of Green’s supervisors informed him that he (the supervisor) “had been told to break up [Green’s] work week.”

Green became very upset and following this meeting he met with his therapist and confided that he had had thoughts of shooting his supervisors. On his therapist’s advice, he checked himself into Woodridge Hospital. The evidence demonstrates that Green was visibly enraged and told doctors and nurses there that he was having thoughts of killing three of his supervisors. Green’s wife had reported that he was “pacing the floors and talking to himself,” and that “he was very agitated and that he voiced a desire to kill all of his employers.” The hospital was aware that Green owned several guns.

Unsatisfied with the treatment he was receiving at the hospital. Green left against his doctor’s advice. He did not tell anyone at the hospital where he was going. A nurse practitioner at the hospital called Burton Rubber to inform a manager or supervisor of Green’s threats. When Green’s supervisors were advised of the threats, they called Woodridge Hospital in an attempt to confirm the validity of the information. Hospital personnel refused to discuss the matter, but arranged to have one of the doctors call Burton Rubber. That doctor advised the Burton Rubber supervisors that he was breaching patient confidentiality requirements because he had a duty to notify them that Green had said he “wanted to kill the 3 supervisors who had confronted him that morning.” The doctor recommended calling the police, which the supervisors did. They also obtained a restraining order against Green.

Green came to work the following day. He claims that he was planning to request FMLA leave for four days. His supervisors asked him to leave the premises, and Green left without any confrontation. Two days later, Burton Rubber sent Green a letter terminating his employment. The letter stated that the company had no choice but to terminate Green because of his threats of physical violence against company employees.

Subsequently, Green filed this action against Burton Rubber in federal district court, alleging that Burton Rubber had violated his rights under the American with Disabilities Act (ADA) by engaging in discriminatory and retaliatory conduct because of his psychological disability, refusing to accommodate his psychological dis[469] ability, and discharging him because of his psychological disability. Green further claimed that Burton Rubber had violated his rights under the FMLA by denying him leave for his mental health condition and by discharging him in retaliation for his assertion of his rights pursuant to FMLA. Finally, Green brought state law-claims of handicap discrimination and retaliation under the Tennessee Human Rights Act and the Tennessee Public Protection Act.

Burton Rubber moved for summary judgment. The district court granted the motion. The court held that Green had failed to provide evidence that he was “qualified,” a necessary element of a discrimination claim under the ADA. The ADA protects only “otherwise qualified” employees. An employee who threatens other employees is not qualified, and the undisputed evidence established that Green had made threats against his supervisors. Because Green was not qualified for the job, Burton Rubber did not have to “reasonably accommodate” him under the ADA. The district court also stated that Burton Rubber was allowed to fire Green for unacceptable behavior, i.e., making threats, and that the fact that the behavior was precipitated by mental illness does not present an ADA issue. Regarding Green’s FMLA claims, the district court held that although Green had established a prima facie case, he failed to demonstrate that Burton Rubber’s legitimate, nondiseriminatory reason for terminating him-Green’s threats against the supervisors-was pretextual. The district court dismissed Green’s state law claims without prejudice. Green timely appealed.

ANALYSIS

A. Standard of Review

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Green v. Burton Rubber Processing, Inc., 30 F. App'x 466 (6th Cir. 2002).

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