Lenzen v. Workers Compensation Reinsurance Ass'n

843 F. Supp. 2d 981, 2011 WL 6888701, 2011 U.S. Dist. LEXIS 149758
CourtDistrict Court, D. Minnesota
DecidedDecember 30, 2011
DocketCivil No. 10-2147 (JRT/FLN)
StatusPublished
Cited by2 cases

This text of 843 F. Supp. 2d 981 (Lenzen v. Workers Compensation Reinsurance Ass'n) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lenzen v. Workers Compensation Reinsurance Ass'n, 843 F. Supp. 2d 981, 2011 WL 6888701, 2011 U.S. Dist. LEXIS 149758 (mnd 2011).

Opinion

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

JOHN R. TUNHEIM, District Judge.

Plaintiff Jennifer Lenzen (“Lenzen”) worked for Workers’ Compensation Reinsurance Association (“WCRA”) as part of [985]*985its administrative support staff.' WCRA terminated her employment after thirteen years. Lenzen’s amended complaint alleges that WCRA engaged in disability discrimination, failed to accommodate her disability, and retaliatorily discharged her in violation of the Americans With Disabilities Act (“ADA”). She also alleges disability discrimination and creation of a hostile work environment under the Minnesota Human Rights Act (“MHRA”), and retaliatory discharge in violation of Minnesota Stat. § 181.932. The Court will grant WCRA’s summary judgment motion because WCRA has proffered legitimate business reasons for terminating Lenzen, and Lenzen has not demonstrated those reasons to be pretextual. More fundamentally, summary judgment is also warranted as to all but one of Lenzen’s claims because Lenzen has not made out a prima facie case.

BACKGROUND1

WCRA is a nonprofit association that provides reinsurance to carriers and employers that self-insure against workers’ compensation claims in Minnesota. (Aff. of Rhiannon C. Beckendorf, Ex. M, at 10-11, July 29, 2011, Docket No. 46 (“Cummins Dep.”).) WCRA hired Lenzen in 1995 as an administrative assistant; while her precise duties varied, Lenzen’s job functions always revolved around administrative and clerical tasks. (Id., Ex. O at 14-16 (“Smith Dep.”); Id., Ex. A at 68 (“Lenzen Dep.”).) Carl Cummins is the Chief Executive Officer who oversaw the daily operations of WCRA. (Cummins Dep. at 8.) Cindy Smith is one of four vice presidents who report directly to Cummins. (Smith Dep. at 9-10.) Smith became the VP of Operations in 2008. (Cummins Dep. at 11-12, 16; Decl. of Cynthia Smith ¶ 2, July 29, 2011, Docket No. 45.) Smith became Lenzen’s supervisor sometime in 2000. (See Lenzen Dep. at 69-71.)

1. LENZEN’S MEDICAL CONDITION AND WCRA’S ACCOMMODATIONS

In 2005 Lenzen’s physician notified WCRA that Lenzen was suffering from nausea, fatigue, and unexplained abdominal pain.2 (Smith Dep. at 21-22; Lenzen Dep. at 258, Ex. 30.) He requested that her work schedule be reduced, and that Lenzen be allowed to take a nap during the day as needed. (Smith Dep. at 22-23.) WCRA accommodated these work restric[986]*986tions. (Lenzen Dep. at 117-19; Smith Dep. at 21-24.) Lenzen also went on short term disability and, later, long term disability. (Smith Dep. at 21-22.) Lenzen remained on long-term disability until July 15, 2007. (Lenzen Dep. at 229.) Lenzen typically took naps over the lunch hour. (Id. at 117.) She made up the time later in the day, and never asked WCRA to pay for her nap time. (Id. at 285.)

Notwithstanding her decreased duties, Lenzen was unable adequately to process claims mail, a function comprising approximately 80% of her reduced schedule as of August 2006. (Lenzen Dep. at 225; Len-zen Ex. 25.) WCRA reassigned this duty to another employee to accommodate Len-zen, and memorialized this change in a memorandum, which also attached a revised job description. (Smith Dep. at 160-61; Lenzen Dep. at 225-227; Lenzen Ex. 25.) The memo warned Lenzen that since her reduced schedule began in April 2005:

WCRA has repeatedly reworked your position to accommodate your needs, but we have now reached a point where we are running out of major functions for you to perform. Please be aware that if the new configuration of functions is not successful, there may not be a position available for you at the WCRA.

(Lenzen Dep. at 225-27; Lenzen Ex. 25.) In October 2006, WCRA stated in another memorandum to Lenzen that “[i]f you become unable to consistently and/or successfully] perform the major functions of you[r] position ..., we will be forced to terminate your employment. Other staff members are unable to absorb your work functions on a frequent basis in addition[ ] to their own work.” (Lenzen Dep. at 229-31; Lenzen Ex. 26.) Lenzen viewed the October 2006 memo not as a warning, but rather as a one-year long-term disability anniversary review, which was largely positive. (Lenzen Dep. at 230.)

Lenzen’s physician issued a Work Ability Form in May 2007 that indicated Len-zen was able to continue part time work with daily naps. (Lenzen Dep. at 118; Len-zen Ex. 38.) WCRA complied with the rest requirement — the only medical restriction of any kind that remained after July 15, 2007, when Lenzen went off long-term disability. (Lenzen Dep. at 118-19, 229, 277-78, 552.) WCRA allowed Lenzen to take a nap whenever she saw fit for the rest of her employment; Lenzen napped nearly every day. (Id. at 117-19, 263-67, 276-79, 553; Smith Dep. at 21-24.) WCRA never interfered with Lenzen’s naptime. (Id. at 265.) Lenzen requested no further accommodation for the duration of her employment. (Id. at 280-87, 552.)

In January 2008, after Lenzen went back to work full-time, WCRA promoted Lenzen to an “Administrative Staff II” position — a promotion WCRA had previously considered, but put on hold when Lenzen went on disability. (Smith Dep. at 31-33; Lenzen Dep. at 390.) By March 2008, WCRA again removed a major responsibility from Lenzen’s job description because she was unable to keep up with her workload. (Lenzen Dep. at 234; Len-zen Ex. 28).3 Her main remaining job function following this reconfiguration was scanning documents, a project that was not time sensitive. (Lenzen Dep. at 234, 285.) Lenzen recognized this job reconfiguration as a “good thing” and an accommodation by WCRA to keep her employed. (Id. at 285-86.)

Lenzen’s performance review covering the period of January 2008-July 2008, [987]*987while mixed, is very positive overall. In the three categories comprising Lenzen’s major job functions, Lenzen received two marks of “development needed,” a mark of “strong performer,” and a mark of “key contributor.” Smith gave Lenzen an overall rating of “key contributor,” a category reserved for employees that “complete[] work accurately and in a timely manner,” “demonstrate[ ] ability to apply policies and procedures accurately,” and that “may exceed work expectations in some areas and fall short a bit in others, but overall position objectives and requirements are being met.” (Aff. of Michael Fondungallah, Ex. 25, Aug. 18, 2011, Docket No. 52.) Although Smith expressed some concerns about Lenzen’s job performance, neither Smith nor Cummins ever made a derogatory or critical comment about Lenzen’s medical situation. (Lenzen Dep. at 557-59.) Lenzen never complained to any of the WCRA management about discrimination based on her medical condition. (Id. at 571.)

II. LENZEN’S INTERACTIONS WITH SUPERVISOR CINDY SMITH AND THE NEUVEST INVESTIGATION

Lenzen alleges that after Smith was promoted to Vice President, Lenzen and other support staff became overworked, and the team-oriented atmosphere at the office disappeared. (Id. at 82-94, 384.) Lenzen claims that Smith gave her too much work, and was rude to her and other staff. Len-zen also claims that Smith, knowing that stress was detrimental to Lenzen’s health, intentionally inundated Lenzen with work in an effort to get rid of her.

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843 F. Supp. 2d 981, 2011 WL 6888701, 2011 U.S. Dist. LEXIS 149758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lenzen-v-workers-compensation-reinsurance-assn-mnd-2011.