Howard v. United Parcel Service, Inc.

48 F. App'x 920
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 15, 2002
DocketNo. 01-5296
StatusPublished

This text of 48 F. App'x 920 (Howard v. United Parcel Service, 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
Howard v. United Parcel Service, Inc., 48 F. App'x 920 (6th Cir. 2002).

Opinion

SILER, Circuit Judge.

Helen L. Howard filed this action against her long-time employer, United Parcel Service, Inc. (“UPS”), alleging claims of discrimination under the Tennessee Human Rights Act (“THRA”), Tenn. Code Ann. § 4-21-101 et seq., and a claim of retaliation for filing a workers’ compensation claim under Tennessee common law. Specifically, she challenges UPS’s decision to offer her reinstatement to her former position as a feeder driver rather than temporary alternate work after she suffered an on-the-job injury. She now appeals from the district court’s grant of summary judgment in favor of UPS on her gender discrimination and workers’ compensation retaliation claims.1 Because [921]*921Howard’s claims are time-barred, we AFFIRM.

FACTUAL BACKGROUND

Helen Howard began working for UPS in 1981. She obtained a full-time position as a feeder (tractor-trailer) driver in 1991. The feeder driver position requires the employee to lift a minimum of seventy pounds when hooking up the trailers.

On November 8, 1996, Howard was involved in an on-the-job accident in which she sustained injuries to her head, right shoulder, neck, and back. Within a few days of the accident, she was informed that her injury would be covered under workers’ compensation, and she received benefits for between six and nine months without filing a claim.

In the months following the accident, Howard underwent treatment from several doctors. She initially sought treatment from Dr. Stephen Natelson, who was not a panel physician regularly used for UPS cases by Liberty Mutual, UPS’s workers’ compensation insurer (“panel physician”). Howard was then referred to four other doctors, all of whom were panel physicians. Not one of the four panel physicians ever assigned her any restrictions. One panel physician, Dr. Howard Brown, released Howard to return to her regular job duties with no restrictions, while another, Dr. Merrill White, expressly noted that he saw no reason to assign limitations.

Subsequently, Howard went back to Dr. Natelson. On June 2, 1997, Dr. Natelson released her to return to work but recommended that she be restricted to lifting twenty-five pounds. After Dr. Natelson released her, Howard returned to UPS and worked a few days as a washer/fueler at the direction of her feeder supervisor.

In June 1997, Jennifer Molyneaux, occupational safety supervisor for UPS’s Tennessee district, realized that Howard had been released to return to work without any restrictions by Drs. Brown and White. She concluded that Howard was able to return to her position as a feeder driver and that the collective bargaining agreement between UPS and her union (“Union”) prevented UPS from placing Howard in a temporary alternate work position. Molyneaux instructed Howard’s supervisor accordingly. UPS then offered Howard reinstatement to her former position as a feeder driver.

Howard disagreed with the panel physicians’ conclusions and refused to return to her former job as a feeder driver because of the position’s lifting requirement. Without UPS’s approval, Howard sought the opinions of physicians not on the workers’ compensation panel for UPS cases and obtained restrictions conflicting with the prior complete releases from the panel physicians.

When UPS would not alter its decision to follow the panel physicians over those she chose, Howard took several courses of action. She complained to the Tennessee Department of Labor, filed a grievance with the Union, and filed a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”). In her EEOC charge, she alleged that UPS denied her temporary alternate work due to either her gender or disability. On June 30,1998, the EEOC issued a right-to-sue letter.

On May 11, 1998, Howard filed a complaint against UPS challenging the discontinuation of her workers’ compensation benefits. On March 3, 1999, the state court determined that Howard sustained a permanent partial disability of forty percent to the body as a whole and a medical impairment of eleven percent to the body as a whole.

[922]*922Howard filed this action in state court on March 13, 2000. Three months later, in June 2000, she returned to her job at UPS as a feeder driver.

STANDARD OF REVIEW

The district court’s grant of summary judgment is reviewed de novo. Newman v. Fed. Express Corp., 266 F.3d 401, 404 (6th Cir.2001). Summary judgment is proper “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c).

DISCUSSION

1. Whether Howard’s gender discrimination claim is barred by the statute of limitations.

An action under the THRA must be brought “within one (1) year after the alleged discriminatory practice ceases.” Tenn.Code Ann. § 4-21-311(d). Howard filed her complaint in this action on March 13, 2000. Therefore, her gender discrimination claim is barred if it accrued before March 13, 1999.

The first step in determining whether Howard’s claim is timely is identifying the alleged discriminatory practice. Weber v. Moses, 938 S.W.2d 387, 390 (Tenn.1996). Howard challenges UPS’s decision to offer her reinstatement to her former position as a feeder driver rather than temporary alternate work, claiming that UPS treated male drivers more favorably by providing them with temporary alternate work.

Having identified the discriminatory practice, we must next determine the date on which the discriminatory practice ended. Id. In determining when a discriminatory practice ends, the Tennessee Supreme Court has adopted the Supreme Court’s analysis in Delaware State College v. Ricks, 449 U.S. 250, 101 S.Ct. 498, 66 L.Ed.2d 431 (1980), and Chardon v. Fernandez, 454 U.S. 6, 102 S.Ct. 28, 70 L.Ed.2d 6 (1981). See Weber, 938 S.W.2d at 390-91. Under this analysis, “a discriminatory [practice] ceases and is complete, when the plaintiff is given unequivocal notice of the employer’s ... decision.” Id. at 391-92.

The issue, then, is when did Howard receive “unequivocal notice” of UPS’s decision not to provide her with temporary alternate work. In or around June 1997, Howard’s supervisor informed her that she would be offered full reinstatement to her former job as a feeder driver rather than temporary alternate work. On January 23,1998, Howard filed a grievance with the Union seeking an alternate position, by which time she admittedly felt that she had been wronged. On March 4, 1998, Howard filed a charge of discrimination with the EEOC.

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Related

Delaware State College v. Ricks
449 U.S. 250 (Supreme Court, 1980)
Chardon v. Fernandez
454 U.S. 6 (Supreme Court, 1982)
Robert Newman v. Federal Express Corporation
266 F.3d 401 (Sixth Circuit, 2001)
Spicer v. Beaman Bottling Co.
937 S.W.2d 884 (Tennessee Supreme Court, 1996)
Weber v. Moses
938 S.W.2d 387 (Tennessee Supreme Court, 1996)
Headrick v. Union Carbide Corp.
825 S.W.2d 424 (Court of Appeals of Tennessee, 1991)

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48 F. App'x 920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-united-parcel-service-inc-ca6-2002.