Jonathan Johnson v. Capstone Logistics, LLC

CourtCourt of Appeals of Texas
DecidedAugust 15, 2024
Docket01-23-00221-CV
StatusPublished

This text of Jonathan Johnson v. Capstone Logistics, LLC (Jonathan Johnson v. Capstone Logistics, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jonathan Johnson v. Capstone Logistics, LLC, (Tex. Ct. App. 2024).

Opinion

Opinion issued August 15, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00221-CV ——————————— JONATHAN JOHNSON, Appellant V. CAPSTONE LOGISTICS, LLC, Appellee

On Appeal from the 125th District Court Harris County, Texas Trial Court Case No. 2019-79901

MEMORANDUM OPINION

In this employment discrimination case, appellant Jonathan Johnson appeals

from the trial court’s grant of appellee Capstone Logistics, LLC’s (Capstone)

traditional and no-evidence motions for summary judgment. In three issues, Johnson challenges the trial court’s grant of summary judgment as to his disability

discrimination, harassment,1 and retaliation claims. We affirm.

Background

Johnson began working for Capstone in January 2018 as a shift supervisor.

Johnson contends that while working on May 15, 2018, he began experiencing

severe dizziness and a headache. He proceeded to the emergency room, where the

physician advised him that his blood pressure was extremely high and that he was at

risk for a stroke. After medication and monitoring, the physician released Johnson

with instructions to follow up with his primary care physician. He advised Johnson

not to return to work until his primary doctor made an assessment.

That same day, Johnson advised his supervisor, Jeff Javorsky, of the

physician’s instructions and requested time off. Johnson’s primary care physician

referred him to a cardiologist, who he saw a few days later. Ultimately, Johnson’s

cardiologist released him to return to work on May 24, 2018.

According to Johnson, when he returned to work, his coworkers advised him

that during a pre-shift meeting, a shift supervisor, Brian Polone, stated that “he

1 In the “Issues Presented” section of his principal brief, Johnson characterizes his second issue as challenging the trial court’s grant of summary judgment as to his age discrimination claim. However, the subsequent discussion concerns Johnson’s disability-based harassment claim, and the phrase “age discrimination” does not appear again in his briefing. Therefore, we construe Johnson’s second issue as challenging the trial court’s determination regarding the disability-based harassment claim. 2 planned to do whatever he had to do to make Mr. Johnson’s blood pressure go up so

high that he’d leave and not return.” Johnson contends he reported this to Javorsky,

who did nothing.

When Johnson continued to experience dizziness and headaches, he returned

to his primary doctor on June 7, 2018, who kept Johnson off work until he could see

his cardiologist on June 11, 2018. Johnson alleges that after providing his June 7,

2018 doctor’s note to Javorsky, Javorsky “told Mr. Johnson that he needed to figure

out how his shifts were going to be covered,” that he “was tired of dealing with his

issues,” and “abruptly hung up on Mr. Johnson.”

Johnson returned to work on June 11, 2018. He claims that on June 13, 2018,

he reported dizziness and headache to Javorsky “following a heated verbal

confrontation with Mr. Johnson’s subordinate employee and shift lead, Kenneth

Malveaux.” According to Johnson, Malveaux began “yelling,” “cursing,” and

“shouting” at him when he needed to leave a loud work area to speak with a client.

However, Johnson completed his shift that day.

On June 14, 2018, Johnson experienced “extremely high” blood pressure and

continued to experience severe dizziness and headache. He reported these concerns

to Javorsky and requested off work. The following day, Johnson notified Javorsky

that he was feeling better and would report to work that day. According to Johnson,

in response, Javorsky “told Mr. Johnson to stay home and that he was being

3 suspended for his medical absences.” Javorsky advised Johnson to call in to the

office the following Monday.

Johnson contends that he made complaints to Capstone’s human resources

department concerning Javorsky’s comments on June 15, 2018. Specifically,

Johnson alleges that he reported Javorsky’s “adverse comments and actions

regarding his medical condition, disability, and age” as well as “Javorsky’s

complaints about [Johnson’s] request to accommodate his medical condition and his

suspension for absences related to his medical condition.” Johnson also reported the

shift supervisor’s comments about his intent to increase Johnson’s blood pressure,

his report of that comment to Javorsky, and Javorsky’s inaction. Johnson outlined

these complaints in an e-mail titled “Statement” that he sent to human resources on

June 15, 2018.

On June 18, 2018, Johnson called Javorsky as instructed. According to

Johnson, Javorsky advised Johnson that he had been terminated for missing too

much work. Immediately thereafter, Johnson contacted human resources and spoke

with Patricia Boyd, who confirmed Johnson was terminated for excessive actions.

Johnson pointed out that his absences were due to his medical condition, which he

had previously reported to his supervisor and human resources. Johnson also noted

his prior complaints of “harassment, discrimination, and retaliation” from Javorsky,

which he contended were the result of his request for accommodation for his medical

4 condition. At that time, Johnson requested a transfer to another facility, but Boyd

advised that she needed to investigate such an option.

Johnson claims that Boyd compared attendance and medical records

submitted by Javorsky with Johnson’s records. She reinstated his employment and

requested that he provide further documentation from his medical provider. After

doing so, Johnson applied for and received four weeks of leave pursuant to the

Family and Medical Leave Act (FMLA).

When Johnson returned to work on July 19, 2018, he followed up with Boyd

regarding a possible transfer. Boyd instructed him to ask Javorsky, who denied the

request.

Johnson alleges that upon his return to work, Javorsky began excluding him

from pre-shift meetings, which Johnson previously conducted as part of his duties

as Shift Supervisor. Javorsky purportedly told Johnson not to attend these meetings

and then directed Malveaux, Johnson’s subordinate, to conduct the meetings.

Johnson contends that he used bereavement leave, per company policy, from

August 1, 2018 to August 3, 2018 following the death of his mother. On August 22,

2018, Johnson left work early for a family emergency. On August 23, 2018, Javorsky

advised Johnson he was fired.

Johnson filed a complaint with the Equal Employment Opportunity

Commission (EEOC), and the EEOC issued a right-to-sue letter on September 4,

5 2019.2 Johnson filed the instant suit against Capstone on November 1, 2019,

asserting claims for harassment, discrimination, and retaliation based on age and

disability pursuant to the Texas Commission on Human Rights Act (TCHRA). See

TEX. LAB. CODE §§ 21.051, 21.055, 21.056. Johnson further contended that

Capstone harassed, discriminated, and retaliated against him for exercising his rights

under the FMLA.3

Capstone filed an answer to Johnson’s suit on December 6, 2019, asserting a

general denial and raising various affirmative defenses. Capstone then filed a

combined traditional and no-evidence summary judgment motion on December 22,

2021 as to all of Johnson’s remaining causes of action. The trial court granted

Capstone’s motion on December 27, 2022, and this appeal followed.

Standard of Review

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