Ronald Jeffrey Kiphart v. Saturn Corporation

251 F.3d 573, 11 Am. Disabilities Cas. (BNA) 1473, 2001 U.S. App. LEXIS 11235
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 31, 2001
Docket19-1135
StatusPublished
Cited by63 cases

This text of 251 F.3d 573 (Ronald Jeffrey Kiphart v. Saturn Corporation) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ronald Jeffrey Kiphart v. Saturn Corporation, 251 F.3d 573, 11 Am. Disabilities Cas. (BNA) 1473, 2001 U.S. App. LEXIS 11235 (6th Cir. 2001).

Opinion

*575 OPINION

COLLIER, District Judge.

Appellant Jeffrey Kiphart, an employee of Appellee Saturn Corporation, suffers various hand, arm, and neck impairments restricting his mobility. He sued Saturn, his local union, and his parent union under the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101 et seq. (1995), after he was removed from his work team, moved through a series of temporary jobs, and finally placed on involuntary medical leave for seven months. 1 Kiphart alleges Saturn improperly used, its concept of job rotation, under which each member of a work team rotates through each of the jobs assigned to the team, to justify its refusal to place him on any team assigned one or more tasks he could not perform. Kiphart bottoms his case on the gulf he says exists between the theory of job rotation and its practice at Saturn.

A jury found in favor of Kiphart. The district court, however, ordered the clerk not to enter the verdict. Six months later, the court granted Saturn’s in-trial motion for judgment as a matter of law. Kiphart v. Saturn Corp., 74 F.Supp.2d 769 (M.D.Tenn.1999). Kiphart appeals from the court’s order. Although this case touches on some fascinating issues concerning Saturn’s labor-management partnership and its team-based manufacturing process, Kiphart asks us to decide only whether he presented sufficient evidence to support the jury’s verdict in his favor. We hold he did. We therefore REVERSE the district court’s order and REMAND the case for calculation of post-judgment interest from March 19, 1999, the date the jury rendered its verdict, and for any other proceedings that may be necessary.

1. FACTS

In 1984, General Motors (“GM”) set out to create a “different kind of car company.” GM hoped to use the new company to produce small cars competitively in the United States. Working in cooperation with the International United Automobile, Aerospace, and Agricultural Implement Workers of America (“UAW”), the union representing its employees, GM formed a committee to develop the Saturn concept. The committee, known as the “Group of 99,” 2 evaluated the business practices of various successful organizations, ranging from other automobile manufacturers to academic institutions, with an eye toward adopting the best strategies for use by the new company. The Group of 99 documented the results of its evaluation in a memorandum entitled “Concepts of the Saturn Organization.” This memorandum, which is now known as the “Phase II Document,” outlines the mission and philosophy of the Saturn Corporation.

A. The Theory and Practice of the Job Rotation System

The Phase II Document discusses, among other topics, the concept of job rotation. This concept envisions the use of a system in which workers are grouped into teams, each of which is responsible for one step of the manufacturing process. Each team member would learn and perform each task required to accomplish the team’s responsibilities. The team members would rotate through the team tasks throughout the work day. The Group of 99 identified various benefits flowing from the use of the job rotation system, includ *576 ing enhanced quality control, improved employee motivation and communication, increased employee knowledge, and a more efficient allocation of human resources. One member of the committee, Ms. Danko, characterized job rotation as a “building block” of the Saturn Corporation. 3 Indeed, several long-time employees testified Saturn had touted the job rotation system as a benefit of employment during their orientation and training sessions.

The extent to which the job rotation system was manifest in the day-to-day operations of Saturn, and thus the extent to which job rotation constituted an “essential function” of the jobs of Saturn employees, is a central matter of contention between the parties. Saturn asserts the system is fundamental to its operation. Kiphart argues the system was neither fully implemented nor enforced, although he concedes its philosophy was widely known to Saturn employees. The trial record includes evidence supporting both positions. For example, some descriptions for job vacancies list as “required skills, abilities, and experience” the “willingness to rotate” or require that applicants “must rotate all jobs.” Other job descriptions are silent about rotation.

But numerous Saturn employees testified that team members frequently did not fully rotate and instead swapped tasks with other team members. These witnesses explained this practice grew out of either personal aversion to certain tasks or physical inability to perform some tasks. Robert “Jeep” Williams testified he knew of numerous teams, including his, that did not fully rotate. Gary Merryman went as far as to say he did not know of a single team in which each member rotated through each job. Darla Gall Farmiloe explained that on one team, the women disliked one particular job and the men disliked another, so they swapped to suit their preferences. Gary Goforth and Tony Kemplin each testified that within some teams, employees with 'physical limitations would occasionally trade tasks they could not perform in order to avoid being classified as medically restricted and thus possibly being placed on disability leave or losing their jobs. Furthermore, the record includes testimony that both Saturn and UAW supervisors knew team employees were not fully rotating among job tasks and that no employees had been disciplined for nonrotation.

The vice president of UAW Local 1853 testified a policy or procedure is not mandated unless it appears in the Memorandum of Agreement or in the company’s Guiding Principles. Nowhere in the Mem-oranda of Agreement executed between Saturn and the UAW in 1994 and again in 1996 is there a requirement that employees rotate through every job assigned to their teams. In 1997, Saturn circulated a new version of its “Guiding Principles,” its internal rules and policies, in which it introduced the requirement that all Saturn employees be “fully functional/fully rotational” (ie., be able to perform all the tasks assigned to the employee’s team).

B. Saturn’s Member Placement Program

Saturn classifies employees who report some physical limitation affecting work performance as “restricted.” Since January 1, 1995, Saturn has placed restricted employees in its Member Placement Pro *577 gram (“MPP”). 4 The MPP has four steps. In Step I, or “Work Unit Accommodations,” restricted employees continue to work on them assigned teams, rotating around those tasks they cannot accomplish. A restricted employee may remain in Step I for up to thirty days. In Step II, or “Module Accommodations,” restricted employees are removed from their teams and given temporary job assignments while Saturn searches for a permanent job opening within the workers’ “module.” 5

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251 F.3d 573, 11 Am. Disabilities Cas. (BNA) 1473, 2001 U.S. App. LEXIS 11235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ronald-jeffrey-kiphart-v-saturn-corporation-ca6-2001.