Linebarger v. Honda of America Mfg., Inc.

870 F. Supp. 2d 513, 2012 U.S. Dist. LEXIS 64229, 2012 WL 1606026
CourtDistrict Court, S.D. Ohio
DecidedMay 8, 2012
DocketCase No. 2:10-cv-176
StatusPublished
Cited by7 cases

This text of 870 F. Supp. 2d 513 (Linebarger v. Honda of America Mfg., Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Linebarger v. Honda of America Mfg., Inc., 870 F. Supp. 2d 513, 2012 U.S. Dist. LEXIS 64229, 2012 WL 1606026 (S.D. Ohio 2012).

Opinion

OPINION AND ORDER

GEORGE C. SMITH, District Judge.

This matter is before the Court on Defendant Honda of America Mfg., Inc.’s Motion for Summary Judgment (Doc. 49). This motion is fully briefed and ripe for disposition. For the reasons that follow, the Court GRANTS Defendant’s Motion for Summary Judgment.

I. Background

Plaintiff Thurgood Linebarger has worked for Defendant as a Production Associate at Defendant’s Marysville, Ohio, automobile assembly plant since 1988. As a Production Associate, Plaintiff worked on a continually moving assembly line. Each Production Associate performs certain job processes on the assembly line, and each worker’s ability to perform the assigned job processes is dependant on those before him properly completing their job processes. Therefore, when an assembly line worker leaves the moving line, such as to use the restroom, someone must step in and perform his job processes. Finding a replacement is the responsibility of the Team Leader, who either finds an associate to complete the job processes or completes them himself.

Defendant provides breaks to Production Associates during production. Plaintiff worked on the first shift, which begins at 6:30 a.m. At 8:30 a.m., all Production Associates take a ten-minute morning break. Two hours later, from 10:30 a.m. to 11:00 a.m., the associates take a thirty-minute lunch break. At 1:00 p.m., there is another ten-minute break. The first shift ends at 3:00 p.m. Restrooms for associates at the Marysville facility are located in the associate locker rooms, near, the lunchroom, and near the production floor. Plaintiff estimates that it takes approximately one minute to walk from his assigned production area to the nearest restroom.

Plaintiff was diagnosed with high blood pressure, or hypertension, in 1991. He takes medication for this condition. The medical evidence indicates that he needs to urinate more frequently than the average person because of this medication. This increased frequency in his need to urinate has created issues from Defendant’s perspective because of the nature of Plaintiffs assembly line work. Throughout the years of Plaintiffs employment with Defendant, Defendant has expressed its concerns to Plaintiff regarding the frequency he needs to use the restroom. In 1999, Plaintiff attended an independent medical examination conducted by a urologist, Dr. Paul Martin, who found no medical abnormality that would explain or require an increased need to use the restroom. Dr. Martin did find, however, that the diuretic taken by Plaintiff could require an additional one or two breaks during the work day. Dr. Martin also determined that Plaintiff could wait for a reasonable [517]*517amount of time to be replaced on the line before using the restroom. Based on Dr. Martin’s assessment, Defendant accommodated Plaintiff with two additional paid breaks per shift of up to ten minutes per break.

In 2000, 2006, and 2008, Plaintiff was counseled regarding excessive restroom breaks and at least one situation involving Plaintiff leaving his assigned position without getting a replacement, which caused five vehicles to pass without his assigned assembly processes being completed. Then, in late 2009, management formally met with Plaintiff to discuss their displeasure with the situation, in an attempt to get Plaintiff to limit his breaks to the regularly scheduled breaks and the two additional breaks. Plaintiff indicated to management that he would not proactively empty his bladder, as he would only use the restroom during breaks if he felt the physical urge to urinate.

In November 2009, Plaintiff submitted to Defendant a note from his treating physician, Dr. Charles May, that stated that he “suffers from urinary frequency as a result of the diuretic used to treat his hypertension” and therefore he needs “bathroom privileges 4 times per shift due to urinary frequency.” (Doc. 49-3). Because Defendant was already providing Plaintiff with five opportunities to use the restroom (two accommodation breaks in addition to the three regularly-scheduled breaks), Steva Dye, a registered nurse employed by Defendant, contacted Dr. May to seek clarification. Dr. May responded by essentially stating, in part, that Plaintiff needs restroom breaks when he has the urge to urinate, and that he has a need to urinate more frequently because of his medications necessary for treatment of his hypertension.

Ms. Dye interpreted Dr. May’s response as opining that Plaintiff should be permitted to leave the assembly line whenever he felt the urge to urinate, on an unlimited basis. Doug Bigler, the head of Defendant’s Restriction Placement Department, determined that a request for unlimited restroom breaks would require another associate to perform Plaintiffs job duties whenever he leaves for the restroom and could not reasonably be accommodated considering all of Defendant’s Production Associate positions are tied directly to the production line. Consequently, Defendant placed Plaintiff on medical leave of absence. Defendant informed Plaintiff that he could return to work when he is able to meet the accommodation offered by it.

On February 25, 2010, Plaintiff initiated this action against Defendant. Plaintiff alleges that Defendant discriminated against him on the basis of his disability in violation of Ohio law, that Defendant’s actions violate the Family and Medical Leave Act (“FMLA”), and that Defendant violated the Employee Retirement Income Security Act (“ERISA”).

After Plaintiff initiated this lawsuit, Ms. Dye sent a letter to Plaintiff offering to make an incontinence product such as DEPEND® for men available to him at work. Ms. Dye further indicated in the letter that Defendant viewed the availability of an incontinence product, in conjunction with the two additional breaks, as an effective accommodation to his alleged disability. Plaintiff did not return to work to try this proposed accommodation. A few weeks later, Defendant’s counsel sent an email to Plaintiffs counsel reiterating Defendant’s proposed accommodation. The email clarifies that Defendant was willing to provide the incontinence product, and permit Plaintiff to have two additional breaks, as an accommodation, provided Plaintiff agreed to use the restroom during the three regularly scheduled breaks.

Plaintiffs counsel sent an email to Defendant rejecting the accommodation. [518]*518The email indicates that Plaintiff would agree to four additional unscheduled breaks, and that the incontinence product would be inappropriate for someone like him who suffers from a frequent need to urinate, and not incontinence. The email further indicates that Plaintiff would agree to use his scheduled breaks to urinate as much as possible in order to reduce the need for unscheduled breaks to four per shift.

Defendant’s counsel again emailed Plaintiffs counsel regarding the accommodation issue. The email rejected Plaintiffs proposed accommodation, stating that there is no medical basis to support the position that Plaintiff needs four unscheduled restroom breaks, in addition to the three regularly scheduled breaks. The email also reiterated Defendant’s position on the reasonableness of its proposed accommodation, which had not changed. Plaintiffs counsel responded to this email, stating that Plaintiff would use the scheduled breaks to urinate as much as possible, but that he would still need four additional breaks.

On January 27, 2011, Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
870 F. Supp. 2d 513, 2012 U.S. Dist. LEXIS 64229, 2012 WL 1606026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/linebarger-v-honda-of-america-mfg-inc-ohsd-2012.