Johnson v. JPMorgan Chase & Co.

922 F. Supp. 2d 658, 2013 WL 485796, 2013 U.S. Dist. LEXIS 16312
CourtDistrict Court, S.D. Ohio
DecidedFebruary 6, 2013
DocketCase No. 2:11-CV-00373
StatusPublished
Cited by11 cases

This text of 922 F. Supp. 2d 658 (Johnson v. JPMorgan Chase & Co.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. JPMorgan Chase & Co., 922 F. Supp. 2d 658, 2013 WL 485796, 2013 U.S. Dist. LEXIS 16312 (S.D. Ohio 2013).

Opinion

OPINION AND ORDER

EDMUND A. SARGUS, JR., District Judge.

Plaintiff, William R. Johnson, brings this action against Defendant, Chase Bankcard Services, alleging disability discrimination in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”) and Ohio’s anti-discrimination statute, Ohio Revised Code, § 4112.01 et seq. Additionally, Plaintiff brings a claim of wrongful adverse action in violation of Ohio public policy. This matter is currently before the Court for consideration of Defendant’s Motion for Summary Judgment. (ECF No. 25.) For the reasons [662]*662that follow, Defendant’s Motion is GRANTED.

I. BACKGROUND

This employment dispute centers around Plaintiffs requests concerning working conditions and his supervisor’s responses to those requests. Plaintiff is a large man, standing 6'11" inches tall and weighing well over 300 pounds. (Id. at 83-84.) He began working for Defendant in September 2002 as a financial services advisor.1 (PL Dep. 145, 154, ECF No. 19.) Plaintiffs work involves speaking with customers in a seated position. (Id. at 151.) Plaintiff initially worked ten-hour shifts. (Id. at 150-51.)

Plaintiff contends that he is disabled due to chronic pain associated with a neck injury. (See Pl. Dep. 208, 211, 222.) Plaintiff states that in addition to neck pain, he experiences pain in his left shoulder and upper back. (Id. at 211.) According to Plaintiff, his employment conditions caused, or at least increased the severity of, his neck pain. (See, e.g., id. at 210.) Plaintiff states that he began experiencing neck pain in September 2002 during training for his position. (Id. at 240.) During his deposition, Plaintiff stated that he is unable to perform many household duties due to his condition. (Id. at 144.) Plaintiff also averred that the only cooking he does is with a microwave or deep fryer. (Id.) Additionally, Plaintiff stated that he suffers from memory lapses because he is unable to sleep because of his neck pain. (Id. at 70-71.)

A. Pre-2009 Working Conditions and Requests2

Plaintiff maintains that he first brought his neck pain to the attention of his supervisor, at that time Rachel White, in January 2003. (Id.) According to Plaintiff, he informed Ms. White that he was having “tremendous pain in [his] neck and upper shoulder” and that he needed a larger chair. (Id. at 210.) In response, Ms. White arranged for Plaintiff to receive a new chair with the assistance of Operations Manager Bruce Ostermeyer. (See id. at 215; White Dep. 10-11, ECF No. 20; Ostermeyer Dep. 8-9, ECF No. 21.) According to Ms. White, Plaintiff pointed out to her the specific chair that he wanted. (White Dep. 10-11.) Although the timing of events is somewhat unclear, a June 2003 note from Ms. White indicates that it took approximately seven months for Plaintiffs chair to arrive.3 (White Dep. 26-27; White Dep. Ex. 4, ECF No. 20-1.)

[663]*663Plaintiff was not satisfied with the chair he received in 2003 because he felt that it was suited for an overweight person, but not a tall person. (Pl. Dep. 243.) Plaintiff states that he told Ms. White that the chair was inadequate and she told him to speak with Mr. Ostermeyer. (Id. at 251.) Plaintiff asserts that he spoke to Mr. Ostermeyer about his need for a different chair fifteen to twenty times between May 2003 and February 2009. (Id. at 252.) Plaintiff states that he specifically informed Mr. Ostermeyer that he required additional back and neck support. (Id. at 251.) According to Plaintiff, on one occasion Mr. Ostermeyer asked him “do you want a recliner with a beer cooler and a TV attached to it?” (Id.) Plaintiff avers that, on a different occasion, Mr. Ostermeyer voiced concerns that if Plaintiff received a new chair he would have to get new chairs for everyone. (Id. at 252.) Plaintiff also states that Mr. Ostermeyer repeatedly told him, with regard to the chair request, that he was “looking into it.” (Id. at 251-52.) Plaintiff maintains that during this period he repeatedly went to Mr. Ostermeyer with his requests because Mr. Ostermeyer was the site manager and Plaintiff “didn’t feel comfortable going around him.” (Id. at 252.)

In addition to his chair requests, Plaintiff also made requests involving his computer monitor. Specifically, Plaintiff asserts that in January 2004 he requested a larger computer monitor. (Pl. Dep. 260.) Plaintiff admits that this request was due to his vision, but he also states that his trouble viewing the monitor caused him to lean back and forth during the day, further aggravating his neck problems. (Id. at 220-22.) Although Ms. White recalls Plaintiff making a request concerning his computer monitor, she does not recall him indicating that he needed to lean forward to see his computer screen. (White Dep. 12.) Rather, Ms. White generally recalls Plaintiff having trouble seeing his computer due to glare. (See id.) In May 2005, having not received a larger monitor, Plaintiff states that he submitted medical documentation from an optometrist to support his request for a larger monitor. (Pl. Dep. 262.) With his supervisor’s permission, Plaintiff was able to temporarily gain a larger monitor around the fall of 2005, and he was able to permanently obtain a larger monitor by trading with a coworker in the spring of 2006. (Id. at 263, 269-70.)

During the same general time frame, Plaintiff also began requesting a monitor riser for his computer screen because his current riser did not work.4 (Pl. Dep. 224-25, 27172.) According to Plaintiff, he required a monitor riser so that he could stand, stretch, and move around while working. (Id. at 222-23.) Moreover, Plaintiff suggests that monitor risers were common company equipment. (Id. at 224.)

Beginning in or around 2006, Melissa Blair became Plaintiffs team manager and supervisor. (Blair Dep. 9, ECF No. 22.) Plaintiff maintains that when he spoke to Ms. Blair about his need for a monitor riser, she told him that she would submit a request. (Pl. Dep. 271-72.) Plaintiff indicates that he followed up on this request with Ms. Blair, but did not receive a monitor riser. (See id. at 276-77.) As discussed further below, Plaintiff asserts that he did not receive a functioning monitor riser until February 2011. (Id. at 272.) According to Ms. Blair, Plaintiff made a [664]*664request to her for a new chair in 2008. (Blair Dep. 22-23.) Ms. Blair states that she transferred Plaintiffs request to her immediate supervisor, Amanda Queen. (Id. at 24.) Ms. Blair avers that, at least in 2009, Plaintiff expressed that his back and neck were bothering him. (Id. at 38.) Additionally, Ms. Blair states that although she did not find that Plaintiffs back and neck problems were impacting the quality of his work, she was aware that he took leave under the Family Medical Leave Act (“FMLA”) due to his back and neck condition. (Id.)

B. FMLA Leave, Work Assessment Request, and Disability Leave

The record reflects that Plaintiff received chiropractic treatment in mid-2006. (See PI. Dep.

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Bluebook (online)
922 F. Supp. 2d 658, 2013 WL 485796, 2013 U.S. Dist. LEXIS 16312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-jpmorgan-chase-co-ohsd-2013.