Zarzycki v. United Technologies Corp.

30 F. Supp. 2d 283, 1998 U.S. Dist. LEXIS 19984, 1998 WL 901542
CourtDistrict Court, D. Connecticut
DecidedDecember 18, 1998
Docket3:96-cv-01782
StatusPublished
Cited by15 cases

This text of 30 F. Supp. 2d 283 (Zarzycki v. United Technologies Corp.) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zarzycki v. United Technologies Corp., 30 F. Supp. 2d 283, 1998 U.S. Dist. LEXIS 19984, 1998 WL 901542 (D. Conn. 1998).

Opinion

MEMORANDUM DECISION

GOETTEL, District Judge.

Pursuant to Federal Rule of Civil Procedure 56, defendant United Technologies Corporation, Hamilton Standard Division (“Hamilton Standard”) moves for summary judgment. For the following reasons, we GRANT defendant’s motion (Doe. # 47).

BACKGROUND

Plaintiff Edward Zarzycki worked for Hamilton Standard for approximately thirteen years until he was laid off in November 1992. Before the layoff, plaintiff had been assembling and testing jet fuel controls, which are carburetors for helicopters and engines. In September 1995, plaintiff was recalled by Hamilton Standard for a different job, with a different job code and job ladder. Specifically, there was an opening in the job category of an “Assembly & Test Technician II” for a position as a starter tester which involved testing the starters of jet engines. 1 Although plaintiff was offered the job, he was aware that as a condition to being hired he was required to take and pass á medical examination.

In connection with the recall, plaintiff underwent a-routine medical examination which was conducted by staff at defendant’s medical center. He completed a “Preplaeement Assessment Examination” questionnaire in which he stated that he once had a herniated disc and back surgery. He had injured his back in July 1992 while working for defendant, and subsequently had surgery to repair a herniated disc. He was seen by his orthopedic surgeon, Dr. Aris D. Yannopoulos, several times afterwards including a visit in August 1995 due to a recurrence of back and leg pain.

As part of the exam, the staff checked his blood pressure, took x-rays, and tested his *286 urine, blood, hearing, and pulmonary functions. He then saw Joanne Sanborn, a physical therapist, who examined his back and extremities to check his stretching and bending abilities, among other things. She recommended placing plaintiff on a thirty to thirty-five pound lifting restriction. Next, plaintiff was given a general checkup by Dr. Walter J. Wiechetek (commonly known as “Dr. Wick”). He gave plaintiff the following restrictions: “1) limit lifting to 10-15 lbs. without assistance; 2) no repetitive lifting or bending, no pushing over 40 lbs.; 3) no prolonged standing; [and] 4) avoid exposure to jet fuel.” Def.’s Mem. Ex. K. On October 6, 1995, Dr. Wiechetek conferred with plaintiffs doctor, Dr. Yannopoulos, who agreed with these restrictions.

Dr. Wiechetek’s restrictions were forwarded to Thomas Bradley, Operations Manager at Hamilton Standard, the manager for whom plaintiff would have worked after the recall. Based on these restrictions, Bradley determined that plaintiff could not perform the requirements of the starter tester position. He then notified the Human Resources department that he had no work available for plaintiff within the restrictions. Plaintiff in turn was informed that he would not be offered the position because of the medical restrictions.

PROCEDURAL HISTORY

Plaintiff commenced this action on September 6, 1996. In the single count of his Third Amended Complaint, he alleges a violation of Title I of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101-12117. He claims that defendant discriminated against him because they refused to hire him during the recall based on his disability and based on Dr. Wiechetek’s restrictions. On June 12, 1997, this Court denied defendant’s motion to dismiss, which we converted to a motion for summary judgment, because we found that plaintiff was not precluded by a collective bargaining agreement from pursuing his statutory ADA claim in federal court. Defendant now moves for summary judgment on alternate grounds claiming that plaintiff is not a qualified individual with a disability under the ADA, that plaintiff was not disabled in September 1995 and thus is not entitled to the ADA’s protection, and that this Court lacks jurisdiction over the ADA claim because plaintiff failed to follow the grievance procedures and did not arbitrate his discrimination claim.

DISCUSSION

A court may grant summary judgment only if it determines that there is no genuine issue of material fact based on a review of the pleadings, depositions, answers to interrogatories, admissions on file, and affidavits. Fed.R.Civ.P. 56(c). The moving party bears the burden of demonstrating the absence of a genuine issue of material fact. Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). When ruling on a summary judgment motion, a court must construe the facts in a light most favorable to the nonmoving party and must resolve all ambiguities and draw all reasonable inferences against the moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). If there is no genuine issue of material fact, the moving party is entitled to summary judgment as a matter of law. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

Although the Second Circuit has approved the use of summary judgment in employment discrimination cases, Meiri v. Dacon, 759 F.2d 989, 998 (2d Cir.), cert. denied, 474 U.S. 829, 106 S.Ct. 91, 88 L.Ed.2d 74 (1985), it has cautioned against granting summary judgment in an employer’s favor because intent is often an issue. Gallo v. Prudential Residential Servs., Ltd., 22 F.3d 1219, 1224 (2d Cir. 1994). The Second Circuit has since reaffirmed its limited approach to summary judgment in discrimination cases. See Kerzer v. Kingly Mfg., 156 F.3d 396, 400 (2d Cir.1998); McLee v. Chrysler Corp., 109 F.3d 130, 135-37 (2d Cir.1997). Summary judgment, however, remains appropriate where there are no genuine issues of material fact. McLee, 109 F.3d at 135. Indeed, the Second Circuit has approved the its use in cases brought under Title I of the ADA where the plaintiff did not *287 meet the threshold burden of proving that he or she had a disability. See Reeves v. Johnson Controls World Servs., Inc.,

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Bluebook (online)
30 F. Supp. 2d 283, 1998 U.S. Dist. LEXIS 19984, 1998 WL 901542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zarzycki-v-united-technologies-corp-ctd-1998.