Kim A. Mason v. United Parcel Service Co Inc.

674 F. App'x 943
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 10, 2017
Docket16-10560 Non-Argument Calendar
StatusUnpublished
Cited by4 cases

This text of 674 F. App'x 943 (Kim A. Mason v. United Parcel Service Co Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kim A. Mason v. United Parcel Service Co Inc., 674 F. App'x 943 (11th Cir. 2017).

Opinion

PER CURIAM:

Plaintiff-Appellant Kim Mason appeals the district court’s grant of summary judgment in favor of Defendant-Appellee United Parcel Service, Inc. (“UPS”) in her employment discrimination suit filed pursuant to the Americans with Disabilities Act (“ADA”). Mason also claims that the district court erred in denying her motion to strike certain errata sheets. After review, we affirm. 1

After Mason was injured on the job, her doctor imposed certain lifting restrictions that made her ineligible for the delivery truck driver position she held with UPS at the time of her injury. This case involves whether Mason, as a union member, could *945 have, with or without reasonable accommodation, performed the essential functions of certain other union positions within UPS, all of which also had lifting requirements. Therefore, we begin by setting forth a detailed account of the undisputed evidence.

I. BACKGROUND

A.UPS’s Operations

UPS is a package delivery company, moving millions of packages each day. UPS runs its operations through a network of package centers. UPS’s larger package centers are automated, but “conventional” package centers—like the one in Huntsville, Alabama where Mason worked—are not fully automated, meaning that some operations are done manually. The nearest automated building to Huntsville is in Memphis, Tennessee.

The majority of UPS employees, especially those working at package centers, are covered by a collective bargaining agreement (“CBA”) between UPS and the International Brotherhood of Teamsters. When a union position becomes available at a package center, UPS will put up a bid sheet. Union employees who are interested in the position sign the bid sheet. The position is then offered to the employee on the bid sheet with the highest seniority. If that employee refuses the position, it is offered to the employee with the second-highest seniority, and so on. All union positions are filled through this bidding process.

Seniority for purposes of bidding on open union positions is determined by the employee’s seniority date within their package center. In other words, if a union employee like Mason were to move to a new package center, she would enter as the employee with least seniority. The CBA prohibits employees from bumping or displacing other employees from the union jobs they occupy. While there is an exception to UPS’s bidding-seniority system for accommodations under the ADA, Mason told UPS that she only wanted to be considered for positions in and around Huntsville.

B. The MAPP Process

At all relevant times, employees who sought management positions at UPS were required to go through the company’s “Management Assessment and Promotion Process” or “MAPP.” To start the process, the employee was required to submit a written letter of interest to UPS, and this letter had to be submitted for every year that an employee wished to be considered for a management position. Letters of interest expired every December 31.

After an employee submitted a letter, the employee’s supervisor would conduct an initial assessment, which involved scoring the employee’s performance in a number of relevant areas. If an employee passed the initial assessment, the employee would progress through a number of steps in the MAPP process. Only employees who successfully completed the MAPP process could be placed in the “promotion pool for that calendar year” and be eligible for consideration for promotion from a union position to a non-union management position.

C. Mason’s Employment with UPS

In 1994, Mason began working for UPS as a “pre-loader,” a part-time position that entails loading packages onto UPS’s delivery trucks. Mason always worked at UPS’s Huntsville Package Center and was always a union employee. In the early 2000s, Mason became a full-time delivery truck driver. Mason has never held a management position at UPS.

*946 On March 22, 2011, Mason fell off the back of her delivery truck and injured her wrist. Dr. James Martens, the doctor who performed surgery on Mason’s wrist, concluded that she reached maximum medical improvement (“MMI”) in October 2011.

D. ADA-Accommodation Process

In early 2012, at UPS’s invitation, Mason requested accommodation for her alleged disability under the ADA. 2 In January 2012, Dr. Martens completed a “Request for Medical Information” form, which indicated that Mason was not able to perform all the functions of her current driver position. Dr. Martens’s form noted that Mason was unable to: “(1) lift, lower, push, pull, leverage and manipulate equipment and or packages weighing up to 70 pounds!,] (2) [ajssist in moving packages weighing up to 150 pounds[, and] (3) [l]ift packages to heights above the shoulder and lower to foot level.” Dr. Martens determined that Mason had a permanent 25-pound lifting restriction, but that she could lift 10 pounds occasionally. Those restrictions have not changed.

On February 10, 2012, as part of UPS’s ADA-accommodation process, Mason met with Tammy Butler and Doreen Ingle, both from UPS’s Human Resources (“HR”) department, and Lois Forsmo, an occupational health nurse with UPS. This is commonly known as a “checklist meeting” because the employee is asked to complete an accommodation checklist form.

As part of that meeting, Mason filled out Part A of UPS’s “Accommodation Checklist.” On that form, Mason stated that she could be accommodated by obtaining a position without the requirement of lifting “heavy” packages, specifically noting management, training, and package center supervisor positions. As to other jobs Mason believed she could do with or without accommodation, Mason identified the following: “air driver, customer counter, clerk, office, safety, preload, spa, decap, dispatch, local sort smalls, overgoods, office clerk, porter[,] car wash, misloads, hazmat.” Mason described her prior 17-year work experience at UPS and noted she had previously done most of the jobs listed.

On behalf of UPS, Ingle 3 filled out Part B of the Accommodation Checklist form. 4 With respect to Mason’s current job as a delivery truck driver, Ingle identified the “proposed accommodation[s]” of (1) no lifting of packages weighing more than 25 pounds, (2) no lifting above the shoulder, and (3) no lifting or lowering packages weighing up to 70 pounds. Ingle indicated that, for these restrictions, no means existed to make the requested accommodation.

Next, Ingle identified these potential positions, to which Mason could be reassigned, as an accommodation: air driver, customer counter, preload, smalls, porter, carwash, office, and clerk. Ingle noted that (1) Mason had the “education, skills, and experience” (“ESE”) for all of the positions, but (2) none of these positions were currently open or would be vacant within a reasonable period of time. The form asked:

*947

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674 F. App'x 943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kim-a-mason-v-united-parcel-service-co-inc-ca11-2017.