Mullenix v. Eastman Chemical Co.

237 F. Supp. 3d 695, 2017 WL 663130, 2017 U.S. Dist. LEXIS 21091
CourtDistrict Court, E.D. Tennessee
DecidedFebruary 15, 2017
DocketNo. 2:16-cv-04
StatusPublished
Cited by11 cases

This text of 237 F. Supp. 3d 695 (Mullenix v. Eastman Chemical Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mullenix v. Eastman Chemical Co., 237 F. Supp. 3d 695, 2017 WL 663130, 2017 U.S. Dist. LEXIS 21091 (E.D. Tenn. 2017).

Opinion

MEMORANDUM OPINION

Thomas W. Phillips, SENIOR UNITED STATES DISTRICT JUDGE

Plaintiff Judy Mullenix worked for defendant Eastman Chemical Company at its Kingsport, Tennessee facility for over 24 years. In October 2012, she" suffered a [699]*699broken- right arm in a workplace accident. One year and two surgeries later, plaintiff continued to have some physical restrictions and she was terminated. Plaintiff claims her termination was discriminatory in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101, et seq.

Eastman has filed a motion for summary judgment [Doc. 13], with supporting briefs, affidavits and exhibits [Docs. 14,15,16,17, 26], and the plaintiff has responded in opposition [Docs. 21, 22, 23]. Eastman has also moved to strike plaintiffs ■ affidavit [Docs. 25, 26] and plaintiff has responded [Doc. 27].- After careful consideration of the pending motions and all related pleadings, the defendant’s motion to strike will be DENIED and the motion for summary judgment will be GRANTED in part and DENIED in part. ¡

I. Relevant Facts

Ms. Mullenix began working for Eastman on March 6, 1989 [Doc. 14-1 at p. 4]. In 2000, she began working as a First Operator in the Film Esters Department [Id. at p. 5]. During the time period pertinent to -this case, plaintiff reported to Randy Britton, Principal Team Manager, who reported to Brian McCloud, the Area Manager of Film Esters [Id. at pp. 10—11].

The Film Esters Department chemically creates plastic pellets that Eastman’s customers can use to create a thin layer of plastic film for products such as LCD televisions [Doc. 15 at ¶3]. This is a multiphase process in which cellulose rolls are reacted with chemicals to create “dope” that is then processed into plastic pellets and packaged for the customer [Id.]. This process involves a significant amount of manual labor by the First Operators [Id.].

The Film Esters Department operates with four different crews that work 12-hour rotating shifts [Id. at ¶ 4]. During the time relevant to this case, plaintiff worked on Crew 3, which included one or two Utility Operators and six First Operators, including plaintiff [Id.]. The Utility Operator supports the Principal Team Manager and performs responsibilities such as scheduling, time entry, safety procedures, and other tasks [Id. at ¶ 5]. Eastman considers it critical that a Utility Operator be free to address the myriad issues that might arise during a shift [Id.]. Thus, while a Utility 'Operator may occasionally fill-in for or assist a First Operator, they could not consistently fulfill the essential duties of a First Operator [Id.].

First Operators in Film Esters are required to be certified and trained on at least three of the First Operator rotations to ensure coverage within the area in the event of absences for vacation, sick leave, etc. [Id. at ¶ 6]. During 2012 - 2013, the rotations in Film Esters included the following: Activation, Acetylation Control Room, Acetylation Field Operator, Precipitation, Wash Room, and Dryer & Water Softener [Id.]. The First Operator performing the Field Operator rotation during a shift was required to fill in for the Activation Operator, as needed, for meal and rest breaks [Id. at, ¶ 9].1 The Acetylation Control Room rotation primarily involved working with computers as the First Operator would control and monitor the process [Id. at ¶ 10].

On October 22, 2012, plaintiff tripped and fell at work and landed on her right [700]*700shoulder, breaking her arm [Doc. 14-1 at pp. 37—38]. The injury required surgery and plaintiff was out of work on Workers’ Compensation leave from October 23, 2012 through March 14, 2013 [Doc. 16 at ¶5]. Plaintiff returned to work on March 24, 2013, but was out again on Workers’ Compensation leave for a second surgery from April 26, 2013, through May 20, 2013 {Id.].

Per Eastman policy, when an employee returns to work with medical .restrictions, her supervisors are not privy to her medical records [Doc. 15 at .¶ 12]. The Eastman Medical Department receives and reviews all medical documentation and restrictions from an employee’s treating physicians and communicates with the employee’s, line management and Human Resources regarding any restrictions that are in place for purposes of determining whether the restrictions can be accommodated and the employee can be returned to work at that time [Id.; Doc. 16 at ¶3]. The Medical Department does not provide any medical information to line management—it'simply advises them of the applicable restrictions [Id.].

According' to Eastman’s Activity Restrictions and Accommodations Evaluation policy, an employee’s temporary activity restrictions can be temporarily accommodated with light duty assignments for up to four months, where such activity restrictions can be accommodated and light duty assignments are available [Doc. 16 at ¶ 4, Ex. 1]. If an employee’s temporary activity restrictions require light duty work in excess of this four-month period, one of two things may happen. First, there may be an assessment to determine whether the activity-restrictions can be reasonably accommodated in order for the employee to perform his/her essential job functions. Unlike light duty assignments that may be available during the four-month period covered by Eastman’s policy, this process considers longer term reasonable accommodations. If the activity restrictions cannot be accommodated, the employee may be placed on a leave of. absence, utilizing available short term disability (“STD”) benefits, vacation, or other leave benefits. If that option is not available (for example, if the employee has already exhausted his/ her available leave), the employee may apply for long term disability benefits (“LTD”) and their employment will be .administratively .terminated once all STD .benefits, vacation, or other leave options have been exhausted [Id.].

The policy of accommodating temporary activity restrictions for four months-typically applies on a continuous, calendar- basis [Doc. 16 at ¶ 7]. In other words, an employee may- be provided with light duty work to accommodate temporary activity restrictions for a continuous four-month period [Id.]. According to this policy, since plaintiff first returned to work on March 24,2013, in a light duty capacity due to her temporary restrictions, her four-month period of light duty work should have .expired on July 24,2013 [Id.]. However, upon consideration of the fact that plaintiff was unable to actually work during part of that period, Eastman recalculated the four-month period after plaintiff returned from her second surgery in May 2013 with temporary activity restrictions and did not count the time that plaintiff was off work for vacation or other leave. Thus, plaintiffs four-month period of light duty work was set to expire on October 11, 2013 [Id.].

When plaintiff returned to work on March 24,2013, Eastman Medical provided Mr. McCloud the following information regarding her. temporary activity restrictions: no lifting-above 2 pounds with right arm (including above and below shoulder level), no ladder climbing, reaching above shoulder level only occasionally, and no forceful grasping with her right .hand [Doc. 15 at ¶ 13]. Because these were temporary [701]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
237 F. Supp. 3d 695, 2017 WL 663130, 2017 U.S. Dist. LEXIS 21091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mullenix-v-eastman-chemical-co-tned-2017.