Kenneth Tyler v. Ispat Inland Inc.

245 F.3d 969, 11 Am. Disabilities Cas. (BNA) 1136, 2001 U.S. App. LEXIS 6007, 2001 WL 355663
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 5, 2001
Docket00-2279
StatusPublished
Cited by34 cases

This text of 245 F.3d 969 (Kenneth Tyler v. Ispat Inland Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kenneth Tyler v. Ispat Inland Inc., 245 F.3d 969, 11 Am. Disabilities Cas. (BNA) 1136, 2001 U.S. App. LEXIS 6007, 2001 WL 355663 (7th Cir. 2001).

Opinion

TERENCE T. EVANS, Circuit Judge.

A plaintiff seeking damages and injunc-tive relief under the Americans with Disabilities Act by virtue of a mental illness faces a treacherous road to recovery. If he submits insufficient proof of the symptoms of his illness, a trier of fact might well conclude that he is not “disabled,” and is, therefore, outside the protective scope of the Act. On the other hand, if his mental illness manifests itself in the form of delusions or hallucinations, it is difficult to argue that an employer should have accommodated the disability by addressing working conditions that are the product of the employee’s imagination. Kenneth Tyler, the plaintiff in this case, was tripped up by this second hurdle at the summary judgment stage. We review de novo the district court’s decision dismissing the case. Moore v. J.B. Hunt Transp., Inc., 221 F.3d 944, 950 (7th Cir.2000).

Tyler has worked for Ispat Inland Inc. since 1979, most recently as an electrician. In the early 1990’s, while working at Is-pat’s Plant 2 Blast Furnaces Department, Tyler began to feel threatened by his coworkers. Specifically, he alleged that they *971 sabotaged his work, falsely accused Mm of stealing a computer, and threatened to burn his house down and poison him by putting asbestos in his food. Only the allegations concerning the computer theft were ever substantiated: A coworker at Ispat did accuse Tyler of stealing the computer, but an investigation revealed that it had not been stolen, and no action was taken against Tyler or anyone else.

In December 1994 Tyler’s doctor concluded that he was “unable psychologically to handle stress.” The doctor restricted Tyler to the day shift and referred him to a psychiatrist. Ispat complied with the doctor’s restrictions by limiting Tyler’s work schedule to the day shift. The psychiatrist to whom Tyler was referred, Dr. Suhayl Nasr, concluded that Tyler suffered from “Atypical Depression R/O Delusional Disorder Persecutory.” Dr. Nasr prescribed antidepressant medication for Tyler, and he was taken off work indefinitely.

Tyler returned to work in November 1995 and was reassigned to Plant 7, where he would be separated from the individuals who allegedly harassed and threatened him in Plant 2. Tyler received the same wages and benefits at Plant 7 as he had at Plant 2. Sadly, Tyler soon came to believe that his coworkers at Plant 7 were harassing him as well. For example, when one of his car tires fell off on his way home from work, Tyler became convinced that his coworkers had loosened its lug nuts. This was only a “belief’ on Tyler’s part, as no evidence substantiating the event wás ever presented. Tyler also asked that he be permitted to park his car in a parking lot reserved for office personnel, but Ispat denied his request.

Unable to resolve his fears, Tyler eventually decided he wanted to be transferred back to Plant 2. At Tyler’s request, Dr. Nasr sent a letter to Ispat stating that Tyler “has been feeling stressed by his current location at work” and recommending that he be returned to Plant 2. Ispat did not transfer him back. On August 27, 1997, Dr. Nasr suggested that Tyler take 2 months off work and offered him an anti-psychotic medication. Tyler refused to take the medication because it was “for people who are seeing things,” and Tyler believed his fear of his coworkers was justified.

Dr. Nasr released Tyler to return to work in late December 1997. Prior to reporting for work in January 1998, Tyler complained that the company had done nothing to prevent his former coworkers at Plant 2 from applying for transfers to Plant 7 so they could continue to harass him. Frank Wright, Tyler’s brother-in-law and the Plant 7 furnace maintenance planner, assured Tyler that if anyone from Plant 2 requested a transfer (and nothing indicates that anyone did), Ispat would deal with the issue at that time. In addition, Tyler spoke with Ron Allen of the company’s Personnel Services Department and informed him that the only thing that would make him feel safe at work would be to confront the Plant 2 employees who had accused him of computer theft in 1991, and for the company to make a full investigation of that incident. In an effort to evaluate the propriety of these requested “accommodations” and develop further appropriate accommodations, Ispat asked to examine Tyler’s medical records, but he refused to release them. Dr. Nasr subsequently diagnosed Tyler with a “paranoid disorder,” a diagnosis Tyler disputes.

Ispat ultimately refused to transfer Tyler back to Plant 2. He then brought this suit under the ADA, 42 U.S.C. § 12101 et seq., alleging that the company failed reasonably to accommodate his disability of mental illness. The district court granted summary judgment in favor of Ispat, finding that Tyler suffered no adverse employ *972 ment action and that the company had reasonably accommodated him.

The ADA prohibits employers from discriminating against “a qualified individual with a disability because of the disability of such individual in regard to ... [the] terms, conditions, and privileges of employment.” 42 U.S.C. § 12112(a). Where there is no direct evidence of disability discrimination, a plaintiff may prove his case indirectly by employing the burden-shifting approach set out in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 804, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Under the McDonnell Douglas method of proof, the plaintiff bears the initial burden of establishing a prima facie case of discrimination. Bekker v. Humana Health Plan, Inc., 229 F.3d 662, 672 (7th Cir.2000), ce rt. denied, 121 S.Ct. 1603. The burden of production then shifts to the employer to articulate a legitimate, nondiscriminatory reason for the employment action. Id. Finally, the burden shifts back to the plaintiff to prove that the employer’s articulated reason for the employment action was a pretext for discrimination and that the decision was in fact motivated by an unlawful factor. Id. Although the burden of production rests on the employer for the second stage of the McDonnell Douglas inquiry, “[t]he ultimate burden of persuading the trier of fact that the defendant intentionally discriminated against the plaintiff remains at all times with the plaintiff.” Texas Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 253, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981).

Because Tyler lacks direct evidence of discrimination, our analysis starts with the elements of a prima facie case. In order to establish a prima facie

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Bluebook (online)
245 F.3d 969, 11 Am. Disabilities Cas. (BNA) 1136, 2001 U.S. App. LEXIS 6007, 2001 WL 355663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenneth-tyler-v-ispat-inland-inc-ca7-2001.