Mason v. Wyeth, Inc.

183 F. App'x 353
CourtCourt of Appeals for the Fourth Circuit
DecidedMay 31, 2006
Docket05-1145
StatusUnpublished
Cited by4 cases

This text of 183 F. App'x 353 (Mason v. Wyeth, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mason v. Wyeth, Inc., 183 F. App'x 353 (4th Cir. 2006).

Opinions

TRAXLER, Circuit Judge:

Ronald L. Mason appeals the district court’s order granting summary judgment to his employer, Wyeth, Inc., on his claims of discrimination and retaliation under the Americans with Disabilities Act (“ADA”), 42 U.S.C.A. § 12101 et seq. (West 2005) (“ADA”), and for intentional infliction of emotional distress under Virginia law. We affirm.

I.

Mason has been hearing impaired since early childhood, with a total hearing loss of approximately 80 percent. With hearing aids, his ability to hear is improved between 80 and 90 percent, and he can participate in normal conversations. However, in areas where there is substantial background noise, Mason does not wear his hearing aids because the noise causes him to experience dizziness and headaches.

In November 1989, Mason was hired by Wyeth’s predecessor in Richmond, Virginia, as an Offset Operator B in the Print Services Department (the “Department”). Wayne Samford was manager of the Department for the entire duration of Mason’s nearly fifteen years of employment with Wyeth. In 1991, Mason received a promotion to Offset Operator A and, by all accounts, was a successful employee and highly skilled press operator who consistently received good performance evaluations.

Throughout Mason’s employment, the employees in the Department got along very well on a personal level, and there was little turnover. When Mason was hired, there were seven employees in the Department — Mason, Samford, Nick Paravatti (supervisor), Otis Martin, Bill Branch, Allen Blankenship, and Rogers Jones. In the early to mid-1990s, Paravatti resigned, Martin was promoted to supervisor, and Ray Slaughter was transferred into the Department to operate the photocopiers. In January 2003, the employees in the Department consisted of six of the seven original employees (Mason, Samford, Martin, Branch, Blankenship, and Jones), plus Slaughter, who had been there for several years by that time. According to Mason, he considered these men to be his primary support network, he felt well-liked by his coworkers, and he felt that they always treated him as a person with normal hearing.

In approximately 1998 or 1999, the employees, and particularly Samford, began playing pranks on one another. One such prank involved Samford sneaking up behind the other employees to startle them, either by pinching or poking them, making hissing or loud noises, or blowing air on their hands with an air hose. Another involved Samford placing a toy rat in places where the employees would encounter it. It is undisputed that the pranks and tricks were not limited to those played by Samford on Mason. On the contrary, Samford played the same or similar pranks on nearly every employee in the [356]*356Department. Mason also admits participating in the prank-playing environment. For example, Mason admitted that he made everybody laugh by “mooning” traffic on Interstate 95 from the Wyeth parking lot on one occasion. He admitted placing a dead bug on top of a candy bar on Jones’s desk to startle him, and he admitted startling Jones on another occasion by putting a rubber snake in his breakfast bag. According to Mason, Samford witnessed the latter incident, got the snake from Mason, and put it in Jones’s sandwich box to startle him again. On yet another occasion, Mason attempted to pry open the door of a bathroom stall occupied by Jones. Mason testified that he was unsuccessful, but Jones realized that it was “me ... trying to tease him,” “caught me laughing and got me [the] next day.” J.A. 63.

Mason also has a history of mental health problems that preceded his employment with Wyeth. In the 1980s, Mason was diagnosed with severe depression and was hospitalized for depression and suicidal thoughts. He has been treated by a psychiatrist for a Schizoaffective Disorder since 1997. In December 2002, Mason told one of his coworkers that he was considering suicide. When Samford learned about this statement, he discussed the matter with Mason, and relayed his concern to Betty Allen, Samford’s immediate supervisor. Mason was placed in contact with Wyeth’s employee health department, and referred to the Employee Assistance Plan (“EAP”). Pursuant to the EAP, Mason was referred to a clinical psychologist, Nancy MacConnachie. At no time during this process did Mason attribute his depression and suicidal thoughts to his employment with Wyeth, or to the prank-playing environment in the Department.

Dr. MacConnachie first saw Mason on January 13, 2003. By letter dated January 22, 2003, Dr. MacConnachie advised Shirley Hess (Wyeth’s senior manager in Human Resources) that Mason was suffering from depression and post-traumatic stress disorder which Dr. MacConnachie attributed to the pranks that had been played by Samford on Mason. Dr. MacConnachie advised that “[b]ecause of his hearing impairment, Mr. Mason’s startle response has a low threshold and causes him great distress, breaking his concentration on his work” and suggested that “Mason’s coworkers would benefit from education regarding the impact of a hearing impairment on the startle response.” J.A. 9-10. This was the first time that Mason or anyone on his behalf requested that the prank-playing be stopped because of the alleged effect it was having on his emotional condition. It was also the first notice anyone at Wyeth received of Mason’s current claim that he considered Samford’s prank-playing (when directed at him) to be discriminatory conduct based upon his hearing disability and that Samford’s prank-playing was the cause of his escalating mental health problems.1

Upon receiving Dr. MacConnachie’s letter, Hess, Allen, and Ned Netherwood (Senior Director of Administrative Opera[357]*357tions in Wyeth’s Consumer Healthcare Division in Richmond), met with Mason and assured him that the prank-playing would stop. They then met with Samford and Martin, separately, regarding the matter. Both men readily admitted that the Department employees, including Mason, joked and played pranks on one another frequently. However, they stated that they were not aware of any negative or unusual impact the prank-playing was having on Mason, and they denied that the pranks were in any way directed at Mason because of his hearing disability. Both men stated that they had no idea that Mason was upset about the pranks, that Mason was, in fact, a participant in the play, and that they never intended to upset him or otherwise cause him harm. According to Allen, Samford appeared “very surprised” that Mason was claiming that the activity had this effect on him “since it was a situation where they all had participated in that type of activity,” Mason “had not said anything to them that it was bothering him,” and “he too, participated in some of the activity.” J.A. 176. Allen testified that she did not view the prank-playing “as singling Mr. Mason out particularly at that point,” J.A. 178, but instructed Samford to stop the activity in the Department.

It is undisputed that Samford played no further pranks on Mason after that meeting. In September 2003, however, nearly seven months later, Mason told Hess that he was having a nervous breakdown. Although Samford had admittedly played no further pranks on Mason, Mason claimed that Samford had continued to tease other employees which upset him. He also claimed that Martin had startled him on one occasion.2 Soon thereafter, Mason left employment on short-term disability and checked into a hospital for treatment. He never returned to active employment with Wyeth.

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