Petersen v. Mabus

112 F. Supp. 3d 733, 2015 U.S. Dist. LEXIS 84282, 2015 WL 4038098
CourtDistrict Court, N.D. Illinois
DecidedJune 29, 2015
DocketNo. 13 C 4527
StatusPublished
Cited by3 cases

This text of 112 F. Supp. 3d 733 (Petersen v. Mabus) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Petersen v. Mabus, 112 F. Supp. 3d 733, 2015 U.S. Dist. LEXIS 84282, 2015 WL 4038098 (N.D. Ill. 2015).

Opinion

OPINION AND ORDER

SARA L. ELLIS, United States District Judge

After Plaintiff John Petersen was found permanently unable to perform his job as a firefighter/paramedic at the Great Lakes Naval Base (“Great Lakes”), the Department of the Navy (the “Navy”) reassigned him to a dispatch supervisor position. Unhappy with his treatment, Petersen filed suit against Defendant Ray Mabus, Secretary of the Navy, alleging failure to accommodate his disability in violation of the Rehabilitation Act of 1973, 29 U.S.C. § 791 et seq., retaliation in violation of Title VII, 42 U.S.C. § 2000e et seq., and the Rehabilitation Act, and age discrimination in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. 3 623 et seq. Before the Court is the Navy’s motion for summary judgment. Because Petersen has .raised genuine issues of material fact on' the failure to accommodate and retaliation claims, the Court denies summary judgment on those claims. But because no reasonable juror could infer age discrimination from the evidence before the Court, the Court grants summary judgment for the Navy on the age discrimination claim.

BACKGROUND1

1. Petersen’s Employment with the Navy

Petersen, who was born in 1968,2 began working at Great Lakes in its Fire Department as a firefighter/EMT in 2006. In 2008, the Navy promoted him to a firefighter/paramedic position. As a firefighter/paramedic, Petersen worked six days of every two-week period in 24-hour shifts. He received premium pay and was eligible for a special law enforcement officers (“LEO”) retirement benefit after he met specific age and service requirements.

In 2008 and 2009, Petersen suffered back injuries but was cleared to return to full-duty status as a firefighter/paramedic. [737]*737On July 17, 2010, he again injured his back while working. Petersen filed a claim with the Office of Workers’ Compensation Programs (“OWCP”), which is administered through the Department of Labor (“DOL”). The Navy placed him on light-duty status, which was typically reserved for employees who had sustained work-related injuries. On light-duty status, a firefighter/EMT performed the physical parts of Petersen’s paramedic job while Petersen provided medical assistance. Petersen also performed administrative duties in the office, responded to trouble alarms after hours, and received extra time to stretch. Petersen could not recall a time when he arrived for a shift and there was no light duty work for him. The Fire Chief, Mike Chaney, indicated that there was no limit to the length of time an injured employee could spend on light-duty status in the Fire Department as long as the Navy received some assurance that the employee would return to full duty as a firefighter.

In fall 2010, Petersen returned to full-duty work as a firefighter/paramedic but soon thereafter reinjured his back and resumed light-duty status. He was referred to Dr. David Zeman, an orthopedic specialist, who put Petersen through a work hardening program in spring 2011 that involved therapy, lifting, and the physical aspects of his firefighter/paramedic job. In June 2011, however, Dr. Zeman determined that Petersen’s back injury was permanent and that Petersen was unable to perform the essential functions of his job as a firefighter. Dr. • Zeman informed OWCP’s claims examiner Matthew Griffin of this conclusion in a June 24, 2011 letter.

Upon learning that Petersen was permanently unable to perform his firefighter/paramedic job, the Navy sought to place Petersen in an available position for which he was qualified and which accommodated his medical • restrictions. The Navy worked primarily with Suzanne Lambert and Bruce Burns, workers’ compensation coordinators in Great Lakes’ human resources department. Lambert and Petersen had spoken before June 2011 about possible reassignments, at which time Lambert identified a -vacant fire protection inspector role. At the time Petersen was in need of a new position, however, the fire inspector rolé was nú longer available. Petersen wanted a position equal in pay and benefits to those he received as a firefighter/paramedic, bút the only vacant position that the human resourcés department identified as vacant at that time was a public safety dispatch supervisor, which was not eligible for LEO benefits. The Navy proceeded to investigate this opportunity nonetheless, contacting Dr. Zeman on July 25 to determine whether Petersen could perform the job’s duties, which involved supervising and evaluating 911 call takers and emergency response equipment dispatchers. Dr. Zeman responded on August 22, indicating that the position, was suitable while suggesting that telecommuting or flexible scheduling would also be appropriate.

The Navy offered Petersen the public safety dispatch supervisor position on September 6 at the Grade 8/Step 1 level with an annual salary of $47,076! The job offer stated that if Petersen declined the position but OWCP determined that he could perform the job, his benefits, under the Federal .Employees’ Compensation Act, aside from medical benefits, would be terminated, but that if he accepted the position, information, related to loss of wage earning capacity would be provided to the OWCP claims examiner. But unlike job offers to other .injured firefighters, including Jeff Peters and Russ Staley, Petersen’s offer did not indicate that the job would remain available until OWCP made its determination as to the offer’s validity. Petersen was originally given until Sep[738]*738tember 25, 2011 to respond to the job qffer, which was then extended to October 5.. On September 23, Petersen wrote to OWCP’s Griffin, asking OWCP to verify whether the offer was valid and expressing concern oyer the salary and benefits,, as Petersen was at Grade 9/Step 4 as a firefighter/paramedic and earned $57,193 as his annual base salary with LEO benefits. Petersen then requested to have until December 10, to respond to the job offer, indicating he was. waiting for information from Griffin. Petersen testified that Griffin led him to believe that Great Lakes would send OWCP a list of open positions, that Griffin would then send those to Petersen, and that .after Petersen provided a list of his certifications, Griffin would select one of the positions from the list. But when. Petersen initially called Griffin to discuss the dispatch supervisor position, Petersen testified that Griffin claimed not to be aware of it, despite the fact that the DOL Claims Examiner and the OWCP district office in London, Kentucky, in which Griffin was based, were both copied on the September 6 job offer letter.

On October 8, Petersen received a revised job offer for the dispatch supervisor position at an increaséd grade/step level, Grade 8/Step 7, with an annual salary of $56,489. Petersen was given until October 20, 2011 to respond, but he signed the acceptance paperwork that day even though he' had not heard back from Griffin as to whether OWCP considered the offer valid. Petersen testified he did so because Andrew^ Arndt; the Assistant Fire Chief and his direct supervisor,’ ánd Burns told him that he would not receive an extension of time on this offer. Burns did, however, contact OWCP several times to ensure that Great Lakes was following the appropriate process in offering Petersen the position.

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112 F. Supp. 3d 733, 2015 U.S. Dist. LEXIS 84282, 2015 WL 4038098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petersen-v-mabus-ilnd-2015.