McWhorter v. Maynard, Inc.

802 F. Supp. 2d 990, 25 Am. Disabilities Cas. (BNA) 91, 2011 U.S. Dist. LEXIS 78678, 2011 WL 2882352
CourtDistrict Court, W.D. Arkansas
DecidedJuly 19, 2011
DocketCivil No. 10-5101
StatusPublished

This text of 802 F. Supp. 2d 990 (McWhorter v. Maynard, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McWhorter v. Maynard, Inc., 802 F. Supp. 2d 990, 25 Am. Disabilities Cas. (BNA) 91, 2011 U.S. Dist. LEXIS 78678, 2011 WL 2882352 (W.D. Ark. 2011).

Opinion

ORDER

JIMM LARRY HENDREN, District Judge.

Now on this 18th day of July 2011, comes on for consideration defendant’s [992]*992Motion for Summary Judgment, brief in support and statement of undisputed facts (Docs. 15, 16 and 17) and plaintiffs response, brief in opposition thereto and her responses to defendant’s statement of undisputed facts (Docs. 18, 19 and 20), and defendant’s reply (Doc. 21). The Court, being well and sufficiently advised, finds and orders as follows:

Background

Plaintiff, Jacki McWhorter, was employed by Maynard, Inc. (“Maynard”), for approximately ten and one-half years. On November 3, 2008, plaintiff suffered a brain aneurysm and a stroke.

On January 19, 2009, after spending time in a hospital and then a rehabilitation facility, plaintiff returned to work at Maynard.

Approximately two months later, on March 20, 2009, Maynard terminated plaintiffs employment. Plaintiff was fifty years old at that time.

Plaintiff commenced this action against Maynard on June 7, 2010, alleging violations of the Americans with Disabilities Act (“ADA”) and the Age Discrimination in Employment Act (“ADEA”).

In its Answer, Maynard denies that it violated either the ADA or the ADEA.

On June 20, 2011, Maynard moved for summary judgment on all of plaintiffs claims. Plaintiff has responded to the motion and it is ripe for consideration by the Court. A jury trial is set for August 1, 2011.

Material Facts

The Court finds the following material and undisputed facts:

* Plaintiff was hired by Maynard on August 3, 1998. She primarily worked in bookkeeping.
* Joe Maynard is the president of Maynard.
* On May 30, 2008, Joe Maynard held a meeting to discuss the future expectations of employees regarding retirement options at Maynard. Eleven people, including plaintiff, were invited to attend the meeting. All eleven people were over 49 years old.
* At the May 2008 meeting, Mr. Maynard said something to the effect that “when people get older, they tend to slow down ... but in order to stay employed at Maynard, you will need to give 100 percent.” (Plaintiffs depo. at 52-53). Plaintiff does not believe that he was directing his comment to any specific person.
* Mr. Maynard also told the attendees that he wanted to have a follow-up meeting so that people could bring ideas about what they expected from the company in terms of retirement packages.
* During the second follow-up meeting, Maynard employees shared their ideas about possible retirement options.
* On November 3, 2008, plaintiff suffered a brain aneurysm and a stroke. As a result of her medical condition, plaintiff could not return to work until January 19, 2009.
Although not required by company policies, Maynard paid plaintiff her full salary and benefits during the time she was absent from work due to her medical condition.
* On or before January 19, 2009, plaintiffs primary physician, Dr. Furlow, released her to return to work. Dr. Furlow did not place any restrictions on plaintiffs ability to return to work. Rather, he told her that he “would just leave it up to [her] [as to] how much [she] could work.” (Plaintiffs depo. at 25).
* Plaintiffs occupational therapist told her that she should not work more than 20 hours a week.
[993]*993* When plaintiff returned to work, she could not use her left hand at all, but she made adjustments using her right hand— although she was not able to do such things as typing at her prior speed.

In addition, plaintiff was limited in her driving abilities, she had trouble dressing herself when items of clothing had buttons or snaps, and she had some trouble with balancing when walking on uneven surfaces, such as gravel.

* When plaintiff returned to work, she advised her supervisor, Maria Smith, that she “was not strong enough to work full-time.”

* Ms. Smith responded in an e-mail to plaintiff in which she stated:

I’d like to keep you on full time rather than have you deal with part-time and cobra and 3 month wait for conversion back to full-time benefits.
In order to do this, you will need to use your PTO 1 hours to make up the difference b/n 32 hours2 and hours worked. As you build stamina and strength, it should be less and less ... but, you will probably have to go a few months without any PTO until your anniversary in August.
I believe that this approach is very considerate as well as sustainable.
Please let me know if you have any questions, Maria.

* Beginning in January 2009, Maynard began laying people off of work due to an operational short fall and decreased production orders.

* On March 20, 2009, Maynard terminated plaintiffs employment. At that time, Ms. Smith completed a “Termination of Employment” form on which there are several pre-preprinted reasons for termination, e.g., resignation, job abandonment, lay-off, unsatisfactory work, etc. Maynard indicated that the reason for plaintiffs termination was “Lay-Off’ — and both Ms. Smith and Mr. Maynard signed the form. (Plaintiff declined to sign the form).

* There is also space on the form for “additional remarks, and in that section Ms. Smith wrote “lack of business coupled with recent discovery of poor choices made in PRC manager capacity.”

* No one was hired to fill plaintiffs position. Rather, plaintiffs duties were redistributed to her former supervisor, Ms. Smith.

Legal Analysis

Summary judgment is appropriate when the evidence, viewed in the light most favorable to the nonmoving party, presents no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. See Fitzgerald v. Action, Inc., 521 F.3d 867, 871 (8th Cir.2008).

1. ADEA Claim — The ADEA prohibits discrimination against employees, age 40 and over, because of their age. See 29 U.S.C. §§ 623(a)(1), 631(a). Under the ADEA, a plaintiff may prove age discrimination based on disparate treatment. Here, plaintiff relies on circumstantial rather than direct evidence of age discrimination, and, thus, her case is considered under the burden-shifting framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). See Tusing v. Des Moines Indep. Cmty. Sch. Dist., 639 F.3d 507, 515 (8th Cir.2011).

Under the McDonnell Douglas framework, plaintiff must first establish a four-part prima facie case of age discrimination. See Chambers v. Metro. Prop. & Cas.

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802 F. Supp. 2d 990, 25 Am. Disabilities Cas. (BNA) 91, 2011 U.S. Dist. LEXIS 78678, 2011 WL 2882352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcwhorter-v-maynard-inc-arwd-2011.