Thompson v. E.I. DuPont deNemours & Co.

70 F. App'x 332
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 23, 2003
DocketNo. 01-1854
StatusPublished
Cited by9 cases

This text of 70 F. App'x 332 (Thompson v. E.I. DuPont deNemours & Co.) 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
Thompson v. E.I. DuPont deNemours & Co., 70 F. App'x 332 (6th Cir. 2003).

Opinions

GIBBONS, Circuit Judge.

Plaintiff-appellant Mark Thompson brought suit asserting a claim of disability discrimination under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., and a retaliation claim under Michigan’s Elliott-Larsen Civil Rights Act, Mich. Comp. Laws § 37.2101 et seq. Thompson contends that he suffered from serious hip and back conditions in 1998, which prevented him from working for at least six months. According to Thompson, rather than seeking to accommodate his medical conditions, his employer, defendant-appellee E.I. DuPont deNemours & Co. (“DuPont”), forced him to retire under a reduced disability pension. The district court granted DuPont’s motion for summary judgment on both claims. Thompson appeals only the summary judgment ruling on his ADA claim, arguing that the district court erred in determining that Thompson failed to present evidence sufficient to create a genuine issue of material fact as to whether DuPont could have reasonably accommodated his permanent medical restrictions. For the reasons set forth below, we affirm the judgment of the district court.

I.

Thompson began working for DuPont as a limited service employee, through an employment agency, on February 18, 1993. Thompson later became a full service employee of DuPont with a seniority date of June 19,1993. From 1993 until the spring of 1998, Thompson was employed as a dispersion operator making paint at DuPont’s Mount Clemens facility. The process of making paint is a physically demanding job that requires lifting heavy batches of ingredients.

In January of 1998, Thompson, who was then age 32, began to experience severe pain in his left hip. Due to the pain in his hip, Thompson was absent from work on numerous occasions between January and March of 1998. In late March, Thompson presented DuPont with a note from his family physician, Dr. Clifford Curtis, indicating that Thompson would be absent from work until April 21, 1998, at which time Dr. Nathaniel Narten, Thompson’s orthopedic surgeon, would perform a total left hip replacement. Based on Curtis’ statement, DuPont’s plant physician, Dr. Aida Khalil, placed Thompson on sick and accident leave pending his surgery. Subsequent to Thompson’s hip replacement surgery, Narten had Thompson evaluated for complaints of back pain. Thompson was eventually referred to Dr. Mark Watts, a neurosurgeon, who diagnosed Thompson with a herniated disc. It is undisputed that, as a result of his medical conditions, Thompson is no longer able to work in his prior position as a dispersion operator.

During the months following his surgery, Thompson and his physicians were in regular contact with Thompson’s supervisors or Khalil regarding his inability to return to work. For example, Khalil’s records indicate that on June 25,1998, Narten told Khalil that Thompson was scheduled for an office visit on July 15, after which Thompson might be approved to return to “light duty” work, such as a sit-down job. However, Narten also expressed doubt that Thompson would be capable of per[334]*334forming a job involving heavy lifting in the future. After this discussion, Khalil understood that Thompson would require permanent restrictions upon his return to work.

On or about July 28, 1998, Khalil received a note from Narten advising that Thompson could return to work on August 1, 1998, but he would be subject to the following restrictions: (1) no lifting, pushing, or pulling of weight in excess of five pounds; (2) sitting down 100 percent of the time; (3) no climbing; and (4) no repetitive bending. Narten’s note stated that these restrictions would be in effect “forever.”

Khalil approved Thompson’s return to work subject to these restrictions. Thompson did not return to work on August 1, 1998. Instead, Thompson chose to remain off work, using some of his accrued vacation days and calling in sick. On August 17, 1998, Khalil received a fax from Watts excusing Thompson from work for several days. At the end of August, Thompson was approaching six months of medical leave. Therefore, DuPont believed that Thompson was close to exhausting his short-term disability benefits under the company’s sick and accident leave policy. Accordingly, Khalil began to confer with Thompson’s supervisor, Eugene Elwart, and DuPont’s employee relations specialist, Frank Mistretta, about identifying a reasonable job accommodation for Thompson in light of his impairments and medical restrictions, and Thompson’s possible eligibility for total and permanent disability retirement. Mistretta testified that he, along with Khalil, reviewed the production jobs available at DuPont’s Mount Clemens facility. They determined that, in light of the restrictions imposed by Thompson’s physician, Thompson would be unable to perform any of these jobs.

Instead of asking Thompson to report for work on September 1, 1998. DuPont requested that Thompson attend a meeting at the plant’s medical department. In addition to Thompson. Khalil. Mistretta, Elwart, Jon Passmore (Thompson’s other direct supervisor), and a union representative. Dean Teschler attended the meeting. DuPont did not inform Thompson or Teschler of the precise subject of the meeting. Rather, Thompson claims that he was advised only that the meeting concerned his disability status. In fact, the purpose of the meeting was to inform Thompson of DuPont’s decision to apply for total and permanent disability benefits on his behalf.

During the meeting, Mistretta informed Thompson that due to his medical conditions and the resulting restrictions, there were no positions available for him at the Mount Clemens facility. Mistretta stated that the only option was for company officials to prepare an application for total and permanent disability benefits and submit it on Thompson’s behalf. According to Thompson, Elwart told him that, in light of the information received from Thompson’s physicians, Thompson was “damaged goods” and was “no longer good as a dispersion operator.” Thompson and Teschler testified that they responded by inquiring as to whether there was some job that Thompson could perform, despite his medical restrictions. According to Teschler, he referred specifically to the position of BRP operator, which was a temporary sedentary position which came into existence in 1997 and involved inputting data as part of DuPont’s effort to computerize its inventory system. Thompson testified that he also asked about the BRP operator position as well as lab positions and other positions that involved primarily data entry. DuPont responded that, at least with respect to the BRP operator [335]*335position, it was not a permanent classification to which Thompson could be assigned.

Following the September 1, 1998, meeting. DuPont prepared the documentation necessary to apply for total and permanent disability retirement on Thompson’s behalf. This application was approved in November of 1998. Effective November 30, 1998, Thompson’s employment with DuPont terminated and he was placed into total and permanent disability retirement. Pursuant to this program, Thompson receives sixty percent of his most recent annual earnings, amounting to approximately $30,000 per year, for so long as he is unable to work. Thompson also received full medical benefits for two years from the date of his termination.

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70 F. App'x 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-ei-dupont-denemours-co-ca6-2003.