Kratzer v. Collins

295 F. Supp. 2d 1005, 15 Am. Disabilities Cas. (BNA) 1023, 2003 U.S. Dist. LEXIS 22130, 2003 WL 22931326
CourtDistrict Court, N.D. Iowa
DecidedDecember 8, 2003
DocketC02-0110
StatusPublished

This text of 295 F. Supp. 2d 1005 (Kratzer v. Collins) is published on Counsel Stack Legal Research, covering District Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kratzer v. Collins, 295 F. Supp. 2d 1005, 15 Am. Disabilities Cas. (BNA) 1023, 2003 U.S. Dist. LEXIS 22130, 2003 WL 22931326 (N.D. Iowa 2003).

Opinion

ORDER

JARVEY, United States Magistrate Judge.

This matter comes before the court pursuant to the defendants’ September 19, 2003, motion for summary judgment (docket number 22). The parties have consented to the exercise of jurisdiction by a United States Magistrate Judge. For the reasons set forth below, the defendants’ motion is granted.

Statement of Material Facts Taken in a Light Most Favorable to the Plaintiff

Nancy Kratzer, a 54-year-old woman, brought this employment discrimination action against Rockwell International Corporation, a Delaware corporation with its avionics and communications business unit in Cedar Rapids, IA. The plaintiff claims that the defendants subjected her to sexual harassment and refused to allow her to train and test for a promotion commencing on or about May, 2000 to the present because of her age, sex, and disability status in violation of the Americans With Disabilities Act of 1990(ADA), Title VII of the Civil Rights Act of 1964 (Title VII), Age Discrimination in Employment Act (ADEA), and Iowa Code Chapter 216. The plaintiff also alleges that the defendants retaliated against her for filing her discrimination complaint.

The plaintiff has been employed by Rockwell Collins since July 20, 1972 and has worked in a number of positions. From September, 1997 until January 1, 2002, the plaintiff was employed as a sheet metal fabricator, working mostly as a “straightener” within the fabrication department. The plaintiff is a member of the International Brotherhood of Electrical Workers (IBEW) Local Number 1362. Consequently, her employment with the defendants is subject to the terms of the union’s collective bargaining agreement.

In 1994, the plaintiff suffered a work-related injury to her knee, resulting in work restrictions specifying that she could not sit for more than an hour without getting up periodically and should not use a foot pedal. To accommodate her work-related restrictions, the plaintiff obtained an electrical cart which the defendants permitted her to use to get from the parking lot to her work station and from her work station to the restroom. The defendants also allowed the plaintiff to use an adjustable chair and to lock it up during non-work hours to prevent use or tampering by other employees.

. As a straightener, the plaintiff had a job classification of 407B. In April of 2000, the plaintiff pursued a promotion to a job classification of 408B. As a member of the IBEW 1362, the plaintiff had the right to seek training and testing for the 408B classification at any time. Pursuant to the collective bargaining agreement between IBEW 1362 and Rockwell, testing for union members seeking a 408B classification consists of passing both a written test and a four-part mechanical test. The mechanical portion of the promotion test requires employees to produce sheet metal parts on each of four different machines.

In the latter part of April, 2000, the plaintiff passed the written portion of the promotion test. Sometime in early May, 2000, the plaintiff notified Mr. Bellendier, Manager of Industrial Relations, that she wished to proceed with the mechanical portions of the test. The plaintiff also relayed to Mr. Bellendier that, due to her work-related restrictions, she could not train or test on the four machines without modifications. Mr. Bellendier scheduled a meeting, to be held at one of the four machines, for the purpose of discussing *1010 with the plaintiff what potential modifications might be made to the machines to accommodate her restrictions so that she could train and test for the 408B classification.

The meeting was held on May 8, 2000. Present were the plaintiff, Mike Scott (Plaintiffs union representative), John Frasher (Plaintiffs union steward and safety representative), Charlotte DeSotel (Defendant’s nursing department), Mr. Bellendier, Jacalyn Daboll (Defendant’s human resources department), and Drew Bossen (Defendant’s occupational ergonomics therapist). Mr. Bossen had worked with the plaintiff as she recovered from her knee injury, and as such, was familiar with the plaintiffs medical condition as documented in her medical file. Mr. Bossen suggested that the machine might be modified by moving the foot pedal to knee level so that the plaintiff could operate it without using her foot. The plaintiff indicated that such a modification would not adequately accommodate her restrictions. She went on to explain that she had additional restrictions which would require accommodations. These additional restrictions were in addition to those recorded in her medical file. The plaintiff expressed that she did not want to attempt to operate the machines until she had a new physical evaluation done and was confident that she could operate the machines without injuring herself. At the conclusion of the meeting, the plaintiff agreed that her restrictions needed to be updated, and that the necessary medical evaluation would be scheduled and paid for by the plaintiff. The plaintiff knew that she needed to see her doctor for this and claims she made such an appointment. The plaintiffs effort to avoid summary judgment on her disability claim hinges on her claim that Rockwell suddenly abandoned the concern of May 8, 2000 about accommodation. On or about June 6, 2000, Mr. Bellendier called the plaintiff into his office and told her that she had to pick a machine and test that very day.

At some time prior to and again on or about July 5, 2000, Mr. Scott and Ms. Daboll notified the plaintiff of the defendants’ official position, that she could train and test for the 408B classification based on the physical restrictions then documented in her file with reasonable accommodations or she could obtain an updated restrictions evaluation at her own expense and initiative and test accordingly. The plaintiff did not provide an updated restrictions evaluation to the defendants until late in July, 2002.

Several other female employees have testified by affidavit that they experienced sex discrimination throughout their employment with the defendants. Six women testified to having been subjected to sexual harassment at unspecified times in the form of derogatory name-calling, staring, glaring, and intimidating speech or gesturing my male co-employees. Some of this testimony indicates that some male employees in the machine shop “routinely refer to the women using derogatory terms,” such as “bitches,” “sluts,” “whores,” and “cunts.” The testimony of many of these women is that their complaints to management about the harassing behavior have gone unanswered. The plaintiff testified to learning of one derogatory comment in July, 2000, made by male co-employees, two months prior, which she perceived to be about her. Specifically, the plaintiff testified that one male employee stated to another, “they better not give her that labor grade 8” and called her a “fat whore and a fat fucking bitch.” Upon learning of the comment, the plaintiff complained to management. In response to her complaint, management verbally warned the harasser, and the behavior has not recurred.

*1011 Three female employees, other than the plaintiff, have testified that they experienced varying impediments to completion of the testing process when seeking to train or test for promotions to 408B or higher classifications.

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Bluebook (online)
295 F. Supp. 2d 1005, 15 Am. Disabilities Cas. (BNA) 1023, 2003 U.S. Dist. LEXIS 22130, 2003 WL 22931326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kratzer-v-collins-iand-2003.