Stermer v. Caterpillar Inc.

102 F. Supp. 3d 959, 2015 U.S. Dist. LEXIS 53039, 2015 WL 1880156
CourtDistrict Court, N.D. Illinois
DecidedApril 16, 2015
DocketNo. 12 CV 10033
StatusPublished
Cited by2 cases

This text of 102 F. Supp. 3d 959 (Stermer v. Caterpillar Inc.) 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
Stermer v. Caterpillar Inc., 102 F. Supp. 3d 959, 2015 U.S. Dist. LEXIS 53039, 2015 WL 1880156 (N.D. Ill. 2015).

Opinion

OPINION AND ORDER

CHARLES RONALD NORGLE, Judge, United States District Court

Plaintiff Richard Scott Stermer (“Plaintiff’) sues Defendant Caterpillar Inc. (“Defendant”) for discrimination and retaliation in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101, et seq. Before the,Court is Defendant’s,Motion for Summary Judgment. For the following reasons, the motion is granted. .

I. BACKGROUND1

In May of 2011, Plaintiff applied for a welding position with Defendant. After interviewing Plaintiff, Defendant offered him the job on July 12, 2011, with a projected start date of July .25, 2011. Prior to starting work, Plaintiff had to complete a “Post-Offer Questionnaire” and medical exam. On the medical questionnaire, Plaintiff reported that he was currently being treated for ADHD (attention deficit hyperactivity disorder), anxiety, and depression, and that he was taking the following medications: Adderall, Venlafaxine, Propranolol, Xanax, and Seroquel. Plaintiff also marked “yes” when asked whether he had ever had depression, panic attacks, anxiety, fear of heights, or confined spaces.

When Plaintiff returned the completed questionnaire to a nurse for Defendant, he also presented a doctor’s note dated July 20, 2009 from his psychiatrist, Dr. Kohn, stating that “[Plaintiff] has 'been under my care since March of 2001. He is currently taking the following medications: Adderall, Propranolol, Seroquel, Venlafaxine, and Xanax.” Defi’s Rule 56.1(A) Statement of Material Undisputed Facts ¶7. After presenting the doctor’s note, Plaintiff met with a counselor for Defendant. During this meeting, Plaintiff informed'the counselor that he had run out of some of his prescribed medications because he had lost his health insurance. The counselor asked Plaintiff about the two-year old note. Defendant alleges that Plaintiff became aggressive and inappropriate when ques[962]*962tioned about the note. ■ Plaintiff denies that he acted inappropriately.

Next, Plaintiff' met with Dr. Matthew Thomas Neu (“Dr.'Neu”), Defendant’s Regional Managing Director. Plaintiff told Dr. Neu that he hoped that no one would notice the date on his doctor’s note. Plaintiff stated at his deposition that he-was frustrated by being asked the same questions and that he was merely joking. Plaintiff also told Dr. Neu that he had not seen his psychiatrist, Dr. Kohn, since January of 2011, and that he had cancelled his most recent appointment in July of 2011. Dr. Neu stated that he thought that Plaintiff was acting overly aggressive in trying to reach a resolution" of the matter. Ultimately, Dr.. Neu was concerned that Plaintiff was only taking certain medication intermittently, and told Plaintiff that he needed more information from his psychiatrist before he- cleared him for work. Plaintiffs start date was delayed accordingly.

On July 19, 2011, Dr. Neu sent Plaintiff a letter requesting additional information and a letter from his psychiatrist. The letter stated:

After review of your pre-placement medical examination, I note you have a medical related problem that may impact your ability to safely perform the essential functions of the open position. Caterpillar is very interested in trying to be certain that your new position will not cause you any harm and that you are able to perform it without risk to yourself.
We noted on your history and physical exam that you have a history of depression, anxiety, and attention deficit disorder and that you have taken Yenlafaxine, Seroquel, Xanax, Propranolol, and Adderall. You indicated that these problems are still active and you are intermittently taking Adderall and Venlafaxine. Please contact Dr. Kohn, your psychiatrist, and ask that a letter detailing your current active treatment, frequency, of treatment, current medications, when you have eventually attained a stable psychiatric status, and Dr. Kohn’s opinion on your fitness for work.

IdU 12. Dr. Kohn responded to Dr. Neu by letter. Dr. Neu reviewed the letter on August 1, 2011 and felt that there was a mismatch between the letter and what Plaintiff had previously reported to him. Dr. Neu called Dr. Kohn on August 1, 2011 to discuss the matter. Dr. Kohn indicated that he would return Dr. Neu’s call in approximately one month. Dr. Kohn called Dr. Neu in mid-September of 2011, and Dr. Neu returned his call on September 20, 2011, but he was unable to reach Dr. Kohn.

In the interim, on October 12, 2011, Plaintiff filed an Equal Employment Opportunity Commission (“EEOC”) charge against Defendant, alleging that it was discriminating against him on the basis of disability by delaying his start date. Finally, on October 31, 2011, Dr. Neu called Dr. Kohn, at which time Dr. Kohn reported that Plaintiff was stable and able to return to work. On November 1, 2011, Dr. Kohn sent Dr. Neu a follow-up letter, which stated:

Mr. Stermer was seen for a follow-up risit in the past four weeks. He has stabilized with regard to his underlying anxiety and impulsive behavior. As you and I discussed, his behavior at his first interview was inappropriate with a decreased regard for social expectations regarding patience and impulsivity. I reviewed this with him and modified his medications. Currently, he is - prescribed and takes the following meds:
1. Adderall 30 mg up to 3 tabs daily
2. Propranolol 20 mg bid
[963]*9632. [sic] Alprazolam 1 mg up to twice daily or as needed for anxiety.
His social anxiety and panic disorder seems to be better controlled with this combination. He has an essential tremor and ADHD. The stimulant increases his tremor. He was emotionally stable at his last visit and in my opinion is ready for a job interview with your company.

Pl.’s Resp. to Def.’s Rule 56.1(A) Statement of Material Undisputed Facts ¶ 17. Subsequently, on November 4, 2011, Dr. Neu contacted Plaintiff and informed him that he was cleared to work.

Plaintiff began working for- Defendant on November 14, 2011. Upon starting his employment, Plaintiff received weld training that lasted a series of weeks. Once his training was complete, Plaintiff was sent to the production floor. ■ Although initially placed on the “hex line,” Plaintiff was reassigned to the “boom and stick -line’’ where he received on-the-job training from an assigned trainer, Skyler Williams (“Williams”). While on the production floor, Plaintiff struggled- with a certain type of weld known as - “stack passes.” Plaintiff’s trainer notified Brandon Krueger (“Krueger”), Plaintiff’s supervisor* that Plaintiff was struggling with the welds. Inspectors in that area also informed Krueger that they had found defects in Plaintiffs welds. As a result, Plaintiff was sent back to training for approximately one week.

Once Plaintiff completed his second round of training, he was sent back to the production line and assigned to another individual trainer, Roy Storey (“Storey”). Storey informed Krueger that he had to fix some of Plaintiff’s welds. Indeed, Plaintiff admits that Storey had to fix his welds. Plaintiff also admits that he had problems welding when he returned to the production floor, and that his welds “didn’t really look nice.” Id. ¶ 24.

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Bluebook (online)
102 F. Supp. 3d 959, 2015 U.S. Dist. LEXIS 53039, 2015 WL 1880156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stermer-v-caterpillar-inc-ilnd-2015.