Pulley v. United Health Group Inc.

945 F. Supp. 2d 1019, 2013 WL 1947552, 2013 U.S. Dist. LEXIS 66882
CourtDistrict Court, E.D. Arkansas
DecidedMay 10, 2013
DocketNo. 4:11CV00634 KGB
StatusPublished

This text of 945 F. Supp. 2d 1019 (Pulley v. United Health Group Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pulley v. United Health Group Inc., 945 F. Supp. 2d 1019, 2013 WL 1947552, 2013 U.S. Dist. LEXIS 66882 (E.D. Ark. 2013).

Opinion

OPINION AND ORDER

KRISTINE G. BAKER, District Judge.

Plaintiff Dwight Pulley filed suit against defendant UnitedHealth Group, Inc. (“UnitedHealth”), alleging violations of Title VII of the Civil Rights Act of 1964 and defamation. In his complaint, Mr. Pulley also cites the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”). Currently pending before the Court is United-Health’s motion for summary judgment (Dkt. No. 68). Mr. Pulley has responded (Dkt. No. 72), and UnitedHealth has replied (Dkt. No. 73). For the reasons set out below, the motion for summary judgment is granted.

I. FACTUAL BACKGROUND1

In his complaint, Mr. Pulley alleges that UnitedHealth denied him a promotion and [1023]*1023terminated his employment because of his race and in retaliation for making an internal complaint. Mr. Pulley is African American. In his complaint, he also alleges that UnitedHealth subjected him to a racially hostile work environment and that he was defamed. Although Mr. Pulley cites the ADA and the GINA, the record— including Mr. Pulley’s complaint, response to the motion for summary judgment, and pretrial papers — provides no factual basis for a claim pursuant to the ADA or the GINA. Further, Mr. Pulley’s charge filed with the Equal Employment Opportunity Commission (“EEOC”) did not contain claims or factual support for claims under the ADA or the GINA (Dkt. No. 2, at 23; Dkt. No. 2-1, at 9,13, '30-32, 35-38).

Mr. Pulley, now a resident of Little Rock, Arkansas, was employed by United-Health in Plymouth, Minnesota, from January 2008 until September 2009. He worked on the night shift ás Senior IT Systems Management Analyst. His direct supervisor was Stanley Berscheit, Shift Manager, and his second-level supervisor was Eric Reuteler, Director of IT Systems Operations. Mr. Pulley’s primary duties were to monitor UnitedHealth’s computer systems and to troubleshoot problems.

UnitedHealth has several corporate policies that relate to the claims and defenses in this case. UnitedHealth maintains a policy against harassment based on race which sets out a procedure by which an employee can report any alleged harassment. UnitedHealth also has a policy that prohibits discrimination in the workplace and provides an internal reporting procedure for employees to make complaints, if they believe they have been discriminated against. UnitedHealth has a non-retaliation policy covering employees who make good-faith reports of harassment or discrimination. UnitedHealth also has a violence-free workplace policy, and employees who violate it are subject to disciplinary action, up to and including termination. These’ policies are set forth in United-Health’s employee handbook, which Mr. Pulley acknowledged was available to him.

In approximately March 2009, there was an opening within Mr. Pulley’s department on the day shift. Mr. Pulley sought the day-shift position by expressing his interest to Mr. Berscheit. The parties agree that the day-shift position involved the same job duties and the same compensation; the only difference in the day and night shift positions was the working hours. Mr. Pulley was not awarded the shift change; rather, UnitedHealth awarded the shift change to Dan Heitke-Felbeck based on his seniority with the company. Mr. Heitke-Felbeck started with United-Health on November. 1, 2006, and he is Caucasian.

UnitedHealth asserts that, when an employee requests an internal shift change, as Mr. Pulley did, the company considers performance, seniority, skills, and business need. United Health requires employees to work within their current position for a minimum of 12 months before seeking a transfer into another position. That policy does not apply to intra-departmental shift changes that do not involve a change in the employee’s position, according to United-Health. Mr. Pulley believes that United-Health’s policy requires an employee to work within a department for at least six months before becoming eligible for a shift change. He maintains that Mr. Heitke-Felbeck was not eligible for the shift change because he did not meet the poli[1024]*1024c/s requirements. UnitedHealth asserts that Mr. Pulley is mistaken.

In late April 2009, Casey Mosher, also a Senior IT Systems Management Analyst, worked several nights per week on the same shift as Mr. Pulley. Mr. Mosher is Caucasian. In early May 2009, Mr. Mosh-er approached Mr. Pulley’s computer while Mr. Pulley was away from 'his desk, accessed the internet browser, and typed in the address for what is believed to be a pornographic store’s website. Mr. Pulley had not locked his computer when he stepped away from his desk before Mr. Mosher accessed it. When Mr. Pulley returned and discovered what Mr. Mosher had done, Mr. Pulley became angry because he feared disciplinary action. Mr. Pulley promptly reported Mr. Mosher’s conduct to Mr. Berscheit. Mr. Pulley did not mention race or discrimination in this complaint to Mr. Berscheit. Mr. Pulley met with Mr. Berscheit and Mr. Reuteler regarding the incident and, on May 18, 2009, complained about Mr. Mosher’s conduct to human resources. Mr. Pulley admits that he never complained to anyone at UnitedHealth that the incident was racially motivated (Dkt. No. 71-1, at 18-19). Mr. Mosher submits an affidavit stating that his conduct was not because of Mr. Pulley’s race but rather was intended as a joke (Dkt. No. 71-4, at 3).

UnitedHealth investigated Mr. Mosher’s conduct and found that he did inappropriately access Mr. Pulley’s computer. Mr. Berscheit advised Mr. Pulley and Mr. Mosher that they had both acted inappropriately — Mr. Mosher for typing an inappropriate address into Mr. Pulley’s computer and Mr. Pulley by not locking his computer when he stepped away from his desk. Mr. Mosher was placed on a corrective action plan; Mr. Pulley was not disciplined over this incident.

During the investigation of Mr. Mosh-er’s conduct, Mr. Mosher reported to Mr. Berscheit and Mr. Reuteler that Mr. Pulley had threatened Mr. Mosher with violence at work. Mr. Pulley denies he did this. UnitedHealth investigated this claim. Two employees, Jamie Dooley and Lisa Althaus, told Mr. Berscheit and Mr. Reuteler that they heard Mr. Pulley threaten Mr. Mosher with violence in the parking lot. On May 20, 2009, “based on independently verified information,” UnitedHealth placed Mr. Pulley on a final warning and corrective action plan for violations of the violence-free workplace policy (Dkt. No. 70, at 6).

Mr. Pulley last reported to work on May 25, 2009. Mr. Pulley requested and was approved for leave under the Family and Medical Leave Act (“FMLA”) for a serious medical condition. His leave was set to run from May 26, 2009, through July 20, 2009. Mr. Pulley stated at his deposition in this case that he does not recall the circumstances surrounding his FMLA leave. Specifically, he does not recall requesting FMLA leave (Dkt. No. 71-1, at 27-30). The record indicates that Mr. Pulley was mailed a detailed letter approving FMLA leave (See Dkt. No. 71-13, at 2-3). The letter indicates that a request for an extension of his leave based on a serious medical condition would require “an additional health care provider certification” (Dkt. No. 71-13, at 2). The letter goes on to state that, if the employee does not return to work at the end of his leave, and does not request an extension before the leave expires, the employee “may be terminated for job abandonment” (Dkt. No. 71-13, at 2). According to UnitedHealth, on July 22, 2009, Mr.

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Bluebook (online)
945 F. Supp. 2d 1019, 2013 WL 1947552, 2013 U.S. Dist. LEXIS 66882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pulley-v-united-health-group-inc-ared-2013.