James P. Smith v. Chrysler Corporation

155 F.3d 799, 8 Am. Disabilities Cas. (BNA) 1084, 1998 U.S. App. LEXIS 22396
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 15, 1998
Docket97-1572
StatusPublished
Cited by590 cases

This text of 155 F.3d 799 (James P. Smith v. Chrysler Corporation) 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
James P. Smith v. Chrysler Corporation, 155 F.3d 799, 8 Am. Disabilities Cas. (BNA) 1084, 1998 U.S. App. LEXIS 22396 (6th Cir. 1998).

Opinions

GILMAN, J., delivered the opinion of the court, in which MOORE, J., joined. CLAY, J. (pp. 809-810), delivered a separate concurring opinion.

OPINION

GILMAN, Circuit Judge.

Within a year after being hired as an electrician by Chrysler Corporation, James P. Smith was fired for failing to disclose that he suffered from a narcoleptic-like sleeping disorder on his job-related medical forms. Smith brought suit against Chrysler on the basis that the reason given for firing him was a pretext designed to mask unlawful discrimination in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101, et seq., and the Michigan Handicappers’ Civil Rights Act (“MHCRA”), Mich. Comp. Laws Ann. § 37.1101, et seq. (West 1997). The district court granted summary judgment in favor of Chrysler, finding that the latter’s good faith belief that Smith had lied on the medical forms shielded it from liability. For the reasons set forth below, we AFFIRM the judgment of the district court.

[802]*802I. BACKGROUND

Smith began experiencing symptoms relating to his sleeping disorder in 1989. While driving home late at night, Smith would suddenly find that he missed his turn off the road without being able to completely recall having driven, the last mile or so. After experiencing a number of these episodes, Smith went to Sleep and Respiratory Associates of Michigan, P.C. (“sleep disorder clinic”) in April of 1990 to determine their cause.

In conjunction with seeking treatment from the sleep disorder clinic, Smith completed a questionnaire titled “Clinical Data Base: History.” In this questionnaire, Smith noted that he was “falling asleep while driving,” had driven onto the shoulder of the road “many times” because of sleepiness, had experienced episodes of “fighting sleep” on his way home, and occasionally had hallucinations. Smith later testified that he used the words “sleep” and “sleepiness” for lack of a better word to describe his symptoms. As explained in his brief, “[these episodes] were not really like falling asleep, in that [I] did not feel drowsy or tired before the incident, but that they were not really like blacking out either, because immediately after the incidents, [I] thought about it, and could recall certain things that happened.”

At the sleep disorder clinic, Smith was treated by Steven Miller, a physician’s assistant working under the supervision of Dr. Harvey Organek. To help diagnose the type of sleep disorder from which Smith suffered, Miller had him undergo a polysomnography, a type of sleep proficiency test. The results of this test were inconclusive. Although Smith met some of the criteria associated with narcolepsy, he did not meet all of the disorder’s classic textbook symptoms. Narcolepsy is defined in Dorland’s Medical DICTIONARY as a sleeping disorder of unknown etiology characterized by “recurrent, uncontrollable, brief episodes of sleep, often associated with hypnagogic hallucinations, ca-taplexy, and sleep paralysis.” (28th ed.1994). After evaluating the results of the sleep proficiency test, Miller informed Smith that, although he did not have narcolepsy, he probably suffered from a variant of the disorder and, hence, would be treated as though he were narcoleptic. Miller then prescribed doses of Ritalin and Cylert to aid in treating Smith’s otherwise unspecified sleep disorder. Both drugs are typically used in the treatment of narcolepsy. The combined drug treatment was initially successful in alleviating Smith’s symptoms.

More than three years after first visiting the sleep disorder clinic, Smith applied for a job as an electrician at Chrysler’s Sterling Heights assembly plant. In completing his job application for the position, Smith was asked to fill out a “Self-Administered Medical History” form. On this form, Smith checked “no” to the question of “Have you ever had or have you now unusual tiredness or fatigue?” Smith later testified that he cheeked “no” because his brief episodes were never caused by fatigue or tiredness; rather, they would occur without warning whenever his mind was not completely focused on a task or activity.

Smith was also given a drug test as part of his job application. In taking this drug test, Smith was asked to complete a consent form titled “Pre-Employment Screening and Release of Liability.” On this form, Smith disclosed that he had used or ingested the drugs Cylert or Ritalin within the past ninety days. During the subsequent physical examination, Smith claims that he discussed one or both of these medications with Chrysler’s company doctor, Dr. Richard Rood. Smith also states that he told Dr. Rood that a doctor from the sleep disorder clinic said that Smith “might have had a mild case of narcolepsy.” Dr. Rood, however, had no recollection of discussing either medication or sleeping disorders with Smith during the physical exam.

After Smith completed these forms and a series of tests, Chrysler hired him as an electrician on August 10,1993. Smith was placed on the 4 p.m. to 12:30 a.m.'evening shift. By all accounts, Smith’s work while at Chrysler was exemplary. In February of 1994, Smith was told by his immediate supervisor to obtain a plant driver’s license so that he could use the company’s electric carts to get from one end of the plant to the other whenever the power was shut down. The license also entitled Smith to operate a wide variety of heavy machinery. In order to obtain the license, Smith was required to [803]*803complete a “Driver’s License Examination” form. On this form, Smith checked “no” to the question “Have you ever had narcolepsy?”

In the meantime, Smith’s narcoleptic-like episodes had resurfaced in November of 1993. Smith went to the sleep disorder clinic a few months later for help in controlling his symptoms. Upon- examining Smith, Miller concluded that a further sleep proficiency test as well as a multiple sleep latency test might prove useful in conclusively determining whether Smith suffered from narcolepsy. In order to validate the results of these tests and to help in treating Smith’s condition, Miller advised Smith that he needed to change his work hours to a regular daytime schedule. Dr. Organek wrote Dr. Rood a letter to that effect on May 11,1994, requesting that Smith be moved to a “regular day work shift” due to a “medical necessity.” Dr. Organek further explained that Smith was under his care “for a medical condition related to a sleep/wake disorder.”

After Dr. Rood received this letter, Smith met with him on May 18, 1994 at the plant’s medical facility to personally request a shift change. Dr. Rood made the following entry in his medical chart for that day:

Comes in wanting day shift — states narcoleptic since 1989 & before[.] Takes Ritalin — lives in Milford & worried regarding] drive home @ 1:30 am. Then has to get up @ 7 or 8 with kids or to do errands. Does OK as long as he’s busy. Diagnosed by Dr. Organek. Will bring in letter. No admission of this on NH [new hire] physical.

When Chrysler did not respond to his request that Smith’s work hours be changed, Dr. Organek sent another letter to Dr. Rood on June 16, 1994. The body of the letter reads as follows:

The above referenced patient is under my care for treatment of Narcolepsy. An important consideration in the care of these patients is a regular sleep and wake schedule.

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Bluebook (online)
155 F.3d 799, 8 Am. Disabilities Cas. (BNA) 1084, 1998 U.S. App. LEXIS 22396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-p-smith-v-chrysler-corporation-ca6-1998.