Sherri L. Helfter v. United Parcel Service, Inc.

115 F.3d 613, 6 Am. Disabilities Cas. (BNA) 1499, 1997 U.S. App. LEXIS 13590, 1997 WL 307016
CourtCourt of Appeals for the Eighth Circuit
DecidedJune 10, 1997
Docket96-2334
StatusPublished
Cited by170 cases

This text of 115 F.3d 613 (Sherri L. Helfter v. United Parcel Service, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sherri L. Helfter v. United Parcel Service, Inc., 115 F.3d 613, 6 Am. Disabilities Cas. (BNA) 1499, 1997 U.S. App. LEXIS 13590, 1997 WL 307016 (8th Cir. 1997).

Opinion

GEORGE F. GUNN, Jr., Senior District Judge.

Sherri L. Helfter appeals the District Court’s 2 order granting United Parcel Services (“UPS”) summary judgment on her claims of (1) disability discrimination, (2) age discrimination, and (3) failure to disclose medical information. For the reasons set forth below, we affirm.

I. Background

The undisputed facts reveal that Ms. Helfter, a 46-year-old female, began working for UPS at its Davenport facility in 1977 as a part-time sorter. The job entailed sorting packages by city, state and zip code. Over the years, Ms. Helfter developed a number of problems with her hands, arms, neck, and shoulders. She sought treatment as early as 1986. She was diagnosed with chronic, recurrent overuse syndrome in her hands, neck, and shoulders, carpal tunnel syndrome of the right wrist and chronic tenosynovitis of the left hand. In 1989, upon Ms. Helfter’s request for an accommodation, UPS assigned her to “small-sort” work. This involves the sorting and lifting of packages under five pounds.

As a result of a perceived reduction in performance, UPS removed Ms. Helfter from active employment on March 3, 1993, to evaluate her physical condition. On August 11, 1993, Ms. Helfter was given permanent medical restrictions which included a restriction as to sustained, highly repetitive activities using either hand, and a lift limit of ten pounds frequently and twenty pounds occasionally. Because of these restrictions, Ms. Helfter cannot return to her job as a sorter.

On UPS’s motion for summary judgment, the District Court determined that Ms. Helfter failed to submit evidence sufficient to create a genuine issue of material fact on whether she is disabled under the Iowa Civil Rights Act (“ICRA”). On her claim of age discrimination under the ICRA and the Age Discrimination in Employment Act (“ADEA”), the District Court ruled that Ms. Helfter failed to submit evidence showing that she is qualified for the job of sorter, that UPS articulated a legitimate, non-discriminatory reason for placing Ms. Helfter on inactive status — her physical inability to perform her job — and that Ms. Helfter failed to create a genuine issue of fact as to pretext. Finally, the District Court held Ms. Helfter’s claim that UPS breached a duty to disclose medical information it had regarding her work-related injury failed as a matter of law.

On appeal, Ms. Helfter argues that (1) she produced sufficient evidence to create a genuine issue of fact as to whether she is disabled; (2) she produced sufficient evidence to create a genuine issue of fact as to whether UPS discriminated against her due to her age; and (3) the District Court erred by concluding that her claim for breach of duty to disclose medical information failed as a matter of law. We address each of these contentions below.

II. Discussion

A. Standard of Review

We review the District Court’s grant of summary judgment de novo, applying the same standard as the District Court and examining the record in the fight most favorable to the nonmoving party. Lang v. Star Herald, 107 F.3d 1308, 1311 (8th Cir.1997). Summary judgment is appropriate if the evidence demonstrates “that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c); see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986). Although we have stated that “summary judgment should seldom be granted in employment discrimination eases,” Crawford v. Runyon, 37 F.3d 1338, 1341 (8th Cir.1994), *616 summary judgment is proper when a plaintiff fails to establish a factual dispute on an essential element of her case. See Bialas v. Greyhound Lines, Inc., 59 F.3d 759, 762 (8th Cir.1995).

B. Disability Discrimination

Ms. Helfter raises two arguments with respect to the District Court’s ruling on her disability discrimination claim. First, she contends that the District Court improperly discounted her affidavit and deposition testimony in determining that she failed to present sufficient evidence to create an issue of fact as to whether she is substantially limited in major life activities other than work. Second, Ms. Helfter maintains that the District Court erred by concluding the medical evidence and her own testimony does not raise an issue of fact as to whether she is substantially limited in the major life activity of work.

Iowa courts are guided by federal standards in applying the ICRA. Probasco v. Iowa Civil Rights Comm’n, 420 N.W.2d 432, 435 (Iowa 1988). Federal courts analyze disability discrimination claims by using the burden-shifting framework established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). See Price v. S-B Power Tool, 75 F.3d 362, 364-65 (8th Cir.), cert. denied, — U.S. -, 117 S.Ct. 274, 136 L.Ed.2d 197 (1996). Under that approach, Ms. Helfter has the initial burden of establishing a prima facie case. Price, 75 F.3d at 365. A prima facie case consists of the following elements: (1) plaintiff is disabled; (2) plaintiff was qualified for her position; and (3) plaintiff suffered an adverse employment action because of her disability. See Boelman v. Manson State Bank, 522 N.W.2d 73, 79 (Iowa 1994).

The presence or absence of a disability is a threshold question. Falczynski v. Amoco Oil Co., 533 N.W.2d 226, 234 (Iowa 1995). A person is disabled if she has a physical or mental impairment which substantially limits one or more major life activities. Probasco, 420 N.W.2d at 434. Major life activities include caring for one’s self, performing manual tasks, walking, seeing, hearing, breathing, learning, and working. Id. Sitting, standing, lifting, and reaching are also considered major life activities. 29 C.F.R. § 1630.2(i).

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

Related

Jelsma v. City of Sioux Falls
744 F. Supp. 2d 997 (D. South Dakota, 2010)
Haviland v. Catholic Health Initiatives-Iowa, Corp.
729 F. Supp. 2d 1038 (S.D. Iowa, 2010)
Rodgers v. HY-VEE, INC.
707 F. Supp. 2d 916 (S.D. Iowa, 2010)
Questar Data Systems, Inc. v. Service Management Group, Inc.
502 F. Supp. 2d 960 (D. Minnesota, 2007)
Husinga v. Federal-Mogul Ignition Co.
519 F. Supp. 2d 929 (S.D. Iowa, 2007)
Meier v. Family Dollar Services, Inc.
443 F. Supp. 2d 1036 (N.D. Iowa, 2006)
Ross v. Alegent Health
380 F. Supp. 2d 1029 (S.D. Iowa, 2005)
Robinson v. Potter
394 F. Supp. 2d 1116 (D. South Dakota, 2005)
Van Arkel v. Warren County
365 F. Supp. 2d 979 (S.D. Iowa, 2005)
Willemssen v. Conveyor Co.
359 F. Supp. 2d 813 (N.D. Iowa, 2005)
Wilson v. City of Des Moines
338 F. Supp. 2d 1008 (S.D. Iowa, 2004)
Nelson v. Long Lines Ltd.
335 F. Supp. 2d 944 (N.D. Iowa, 2004)
Nuzum v. Ozark Automotive Distributors, Inc.
320 F. Supp. 2d 852 (S.D. Iowa, 2004)
Henderson v. International Union
263 F. Supp. 2d 1245 (D. Kansas, 2003)
Wiemann v. Indianola Community School District
278 F. Supp. 2d 968 (S.D. Iowa, 2003)
Banks v. Potter
253 F. Supp. 2d 335 (D. Connecticut, 2003)
Miller v. Wells Dairy, Inc.
252 F. Supp. 2d 799 (N.D. Iowa, 2003)
Coleman v. Arkansas Department of Correction, Varner Unit
54 F. App'x 251 (Eighth Circuit, 2003)
Inglis v. Buena Vista University
235 F. Supp. 2d 1009 (N.D. Iowa, 2002)
Barnes v. Northwest Iowa Health Center
238 F. Supp. 2d 1053 (N.D. Iowa, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
115 F.3d 613, 6 Am. Disabilities Cas. (BNA) 1499, 1997 U.S. App. LEXIS 13590, 1997 WL 307016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherri-l-helfter-v-united-parcel-service-inc-ca8-1997.