Sloan v. Repacorp, Inc.
Sloan v. Repacorp, Inc.
Opinion of the Court
This civil consent case is before the Court on the motion for summary judgment filed by Defendant Repacorp, Inc. ("Repacorp"). Doc. 25. Plaintiff Robert Sloan ("Sloan") filed a memorandum in opposition. Doc. 28. Thereafter, Repacorp filed a reply. Doc. 31. The Court has carefully considered all of the foregoing, as well as all Rule 56 evidence submitted by the parties on summary judgment. Accordingly, Defendant's motion is ripe for decision.
I.
A motion for summary judgment should be granted if the evidence submitted to the Court demonstrates that there is no genuine issue as to any material fact and that the movant is entitled to summary judgment as a matter of law. Fed. R. Civ. P. 56 ; see also Celotex Corp. v. Catrett ,
Once "a motion for summary judgment is properly made and supported, an opposing party may not rely merely on allegations or denials in its own pleading[.]" Viergutz v. Lucent Techs., Inc. ,
Finally, "there is no duty imposed upon the trial court to 'search the entire record to establish that it is bereft of a genuine issue of material fact.' " Guarino v. Brookfield Twp. Trustees ,
II.
In support of their arguments on summary judgment, the parties rely on the deposition testimony of Sloan; the deposition testimony of Repacorp's President, Tony Heinl; and exhibits attached thereto. Docs. 23-24. In addition to deposition testimony, the parties also rely on testimony taken under oath and elicited from Sloan, Heinl, and Repacorp Plant Manager Gary Parrott during an appeals hearing before the Ohio Unemployment Compensation Review Commission on July 25, 2014. Doc. 25-1. The Court has carefully considered all of the foregoing Rule 56 evidence. See Fed. R. Civ. P. 56(c)(1)(A). Unless otherwise stated, the following are the undisputed facts of the case.
This action arises from Sloan's employment with Repacorp. See generally doc. 1. Repacorp is a company that manufactures labels for other companies and uses heavy machinery for the printing of such labels. Doc. 25 at PageID 245-46. Sloan worked for Repacorp from March 7, 2007 until February 28, 2014. Doc. 24-1 at PageID 74. The parties have different perspectives at to why Sloan's employment ended; Sloan contends he was fired (id. at PageID 84), whereas Repacorp contends that Sloan abandoned his job (doc. 23-1 at PageID 53-54).
Throughout his employment with Repacorp, Sloan worked as a production manager. Doc. 25-1 at PageID 269. In that role, Sloan worked with, and around, Repacorp's heavy machinery, which included presses and rewinders.
Because of the dangerous work environment at the Repacorp facility, Repacorp maintains an employee handbook that requires all employees to notify management if they are taking nonprescription or prescription medication.
Before his employment with Repacorp began, Sloan experienced significant pain in his back and neck. Doc. 24-1 at PageID 70. Between 2006, i.e. , the year prior to his *896hiring, and the time of his termination in 2014, Sloan took prescription medication to cope with his neck and back pain. Doc. 24-1 at PageID 70-74, 80-81. Beginning in approximately June or July 2013, Sloan started taking prescription morphine medication. Doc. 25-1 at PageID 273. Specifically, Sloan was then prescribed 30 mg of time-released morphine, and 15 mg of instant release morphine he took twice a day.
Without dispute, Sloan did not tell his supervisors at Repacorp that he was taking prescription morphine until the day of his termination.
In addition to taking prescription morphine, Sloan also admitted to taking non-prescribed Vicodin, an opiate pain medication, on at least two occasions at work. See infra. In 2013, Sloan received a non-prescribed Vicodin pill from a co-worker and took it during work hours. Doc. 24-1 at PageID 80, 113-15. In February 2014, Sloan also disclosed in an email to a co-worker that he took one of his mother's Vicodin pills for which he had no prescription. Doc. 24-1 at PageID 80-81. On February 10, 2014, an employee allegedly told Sloan's immediate supervisor, Gary Parrott,
Upon hearing the allegation that Sloan solicited Vicodin from a co-worker, Parrott informed Repacorp's President, Tony Heinl, about the employee's alleged statement. Heinl immediately removed Sloan from the manufacturing floor and sent him for a drug test that same day, i.e. , February 10, 2014. Doc. 25-2 at PageID 363. Sloan voluntarily submitted to the drug test,
Sloan was not immediately terminated for testing positive for non-prescription Vicodin
*897[B]ecause I'm too damn nice. That's the reason. I should have said no, but I was trying to keep, let him keep his job because we had invested a lot of time in [Sloan] and [Sloan] ha[d] invested a lot of time in the company, so I tried to work with him as much as I could[.]
Doc. 25-1 at PageID 293. Repacorp referred Sloan to its Employee Assistance Program ("EAP") on February 17, 2014. Doc. 24-1 at PageID 83-84, 110; doc. 25-1 at PageID 270.
Upon referral, Sloan's EAP coordinator requested that he provide certain information from his physician, namely: whether he was permitted to work as a production manager as a result of his medical condition; whether there were any limitations on his ability to work after receiving treatment for his condition; a list of his current medications; and whether the medications prescribed impact Sloan's ability to concentrate on the job. Doc. 24-1 at PageID 110. On that same day (February 17, 2014), Repacorp placed Sloan on paid leave pending receipt of information from his physician.
This letter is regarding Robert [Sloan] working as production manager on MS Contin, MSIR, and Relafen. He is able to work full time without any restrictions.
Doc. 28-1 at PageID 439. Repacorp contends that it did not receive this information from Dr. Gupta until March 19, 2014, i.e. , nearly three weeks after Sloan's employment ended. Doc. 25-8 at PageID 414.
From the beginning of his leave on February 17, 2014 until his termination less than two weeks later on February 28, 2014, Sloan remained in constant contact with Repacorp, specifically Heinl. See
Heinl asked Sloan to consult with his doctor to determine if there were any alternative medications or treatment for his pain condition that did not include opiates. Doc. 23-1 at PageID 53, 55; see also doc. 25-1 at PageID 283-84, 290. According to Heinl, "I guess what I was hoping to see is some doctor saying that they'll take full liability to put him on the floor taking Vicodin, popping Vicodin without a prescription, and taking [m]orphine." Doc. 23-1 at PageID 55. From Sloan's perspective, he felt that Heinl was only concerned with the fact that he was taking prescription morphine, and that Heinl had no concern with the fact that he also took non-prescribed *898Vicodin. Doc. 25-1 at PageID 273, 275.
Sloan, in response to Heinl's request, attempted to contact Dr. Gupta, but he was unable to speak with him. Doc. 24-1 at PageID 84. Without having directly consulted with Dr. Gupta, and after considering his situation, Sloan determined that he needed "to stay on my medication" and told Heinl that he "wouldn't stop taking it."
On April 25, 2016, Sloan filed a complaint in this Court pleading a number of claims against Repacorp. Doc. 1 at PageID 1-5. Specifically, Sloan alleges: (1) disability discrimination in violation of Ohio Rev. Code § 4112.02(A) and the Americans with Disabilities Act ("ADA"), as amended by the ADA Amendments Act ("ADAAA"); (2) retaliation in violation of Ohio Rev. Code § 4112.02 and the ADA; (3) intentional infliction of emotional distress ("IIED") under Ohio law; and (4) entitlement to punitive damages.
III.
The Court first addresses Sloan's disability discrimination claims. Initially, the Court notes that Sloan makes arguments only in support of his discrimination claim under federal law, namely, the ADA,
Under the ADA, employers are prohibited from discriminating against individuals on the basis of a person's "disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment."
*899Michael v. City of Troy Police Dep't ,
In this case, Sloan alleges that he is disabled as a result of "degenerative disc disease and arthritis in his neck and back," and that he was fired on the basis of such disability. Doc. 1 at PageID 2-3. Sloan alleges that his "disability requir[es] him to take prescribed medication" (i.e. , morphine ) and that he "requested [a] reasonable accommodation before he was fired."
A qualified individual is one "who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires."
"The employer shoulders the burden of proving the job relatedness and business necessity justifying a medical examination or disability-related inquiry." Bates v. Dura Automotive Systems, Inc. ,
Initially, the Court notes that Sloan offers no argument in opposition to Repacorp's contention that it made proper medical inquiries of him under § 12112(d)(4)(A) when Repacorp (1) requested information from his treating physician on February 17, 2014 and (2) when Heinl sought information as to whether Sloan's pain could be managed by medication other than opiates. Accordingly, in the absence of any specific opposition by Sloan, the undersigned finds that Repacorp's medical inquiries were appropriate under § 12112(d)(4)(A).
Even absent Sloan's concession in this regard, the undersigned would nevertheless find Repacorp had reason to believe that Sloan could not perform the essential functions of his job and/or posed a danger to himself or others in light of *900the undisputed fact that, inter alia , Sloan's job required use of dangerous equipment and the supervision of others using such equipment; he failed a drug test after admittedly taking non-prescribed Vicodin ; he admittedly took non-prescribed Vicodin while also taking prescription morphine ; and he, in the past, had abused his prescribed slow release morphine at work by "cutting" it for immediate relief. In addition, Repacorp's inquiry, as to whether non-opiate drugs could reasonably accommodate Sloan's disability, was proper under § 12112(d)(4)(A) because, from the Court's perspective, it was made in response to Sloan's request for an accommodation-i.e. , to be permitted to use prescription morphine in the workplace. Kroll ,
While Sloan argues that Repacorp discriminated against him for terminating his employment without properly determining that he posed a "direct threat" while under the influence of morphine, see doc. 28 at PageID 432-34, Sloan overlooks Repacorp's main point, i.e. , that Sloan's employment ended not because Repacorp concluded he was a direct threat to himself or others, but because Sloan impeded its ability to investigate the extent of his disability and determine whether his disabling pain required use of prescription morphine, or whether a non-opiate medication could reasonably accommodate his disability. See doc. 25 at PageID 254; doc. 31 at PageID 443. In other words, Sloan failed to cooperate and/or participate in the interactive process required of all employees requesting accommodations under the ADA. See infra. The Court agrees with Repacorp, and concludes that summary judgment is proper on that basis.
As noted by the Sixth Circuit, an "employer need not take the employee's word for it that the employee has an illness that may require special accommodation" and, "[i]nstead, the employer has the ability to confirm or disprove the employee's statement" under 42 U.S.C. 12112(d)(4)(A). E.E.O.C. v. Prevo's Family Mkt., Inc. ,
Here, there is no dispute that Heinl requested Sloan consult with his physician to determine whether opiate medication was required to control the pain arising from his neck and back disability-a proper inquiry under Prevo's Family Mkt. ,
*901From Sloan's perspective, Heinl's statement-that he could not remain employed if taking morphine -evidences that he was fired for his morphine use. See doc. 28 at PageID 430 (arguing that "the fact Sloan was taking morphine medication was the crux of why he was fired"). However, Sloan's alleges disability as a result of his degenerative disc disease in his neck and back, not his use of drugs. See doc. 1 at PageID 2; see also doc. 28 at PageID 424. He does not contend that his drug use "substantially limits one or more major life activities[.]" See
Accordingly, based on the foregoing, the Court GRANTS Repacorp's motion for summary judgment on Sloan's disability discrimination claim. Accord Prevo's Family Mkt. ,
IV.
The Court next addresses Sloan's claim of retaliation. Retaliation against an individual who exercises his or her rights under the ADA is prohibited by
Here, Sloan argues that he engaged in protected conduct when he "tried to convince Heinl he could do his job on the medications." Doc. 28 at PageID 435. However, as set forth above, "the purpose of the ADA was not to create impediments for such employer-employee co-operation, but to promote an interactive dialogue between an employer and employee to discover to what extent the employee is disabled and how the employee may be accommodated, if at all, in the workplace." Prevo's Family Mkt. ,
A retaliation claim cannot stand where an employee refuses a proper request for a medical exam or medical inquiry under
Based on the foregoing, the undersigned finds summary judgment appropriate on Sloan's retaliation claim. Accordingly, Repacorp's motion for summary judgment in this regard is GRANTED.
V.
Repacorp moves for summary judgment on Sloan's IIED claim arguing that its alleged conduct-i.e. , terminating Sloan for supposedly discriminatory reasons-is insufficient to support such a claim as a matter of law. Doc. 25 at PageID 261-62. Repacorp also argues that summary judgment is proper on Sloan's IIED claim because his allegations of severe emotional distress are supported by nothing other than his own testimony.
Even absent forfeiture of the IIED claim, summary judgment would be appropriate on the merits for the reasons advanced by Repacorp. An intentional infliction of emotional distress claim under Ohio law requires proof that:
(1) the defendant intended to cause, or knew or should have known that his actions would result in serious emotional distress; (2) the defendant's conduct was so extreme and outrageous that it went beyond all possible bounds of decency and can be considered completely intolerable in a civilized community; (3) the defendant's actions proximately caused psychological injury to the plaintiff; and (4) the plaintiff suffered serious mental anguish of a nature no reasonable person could be expected to endure.
Shugart v. Ocwen Loan Servicing, LLC ,
As noted by Repacorp, "simply terminating an employee, in and of itself ... is insufficient conduct upon which one can base" an IIED claim.
Further, as also argued by Repacorp, "a plaintiff must at least provide some evidence beyond his or her own testimony" to support the assertion that he or she suffered severe emotional distress.
Accordingly, Repacorp's motion for summary judgment is GRANTED with regard to Sloan's IIED claim.
VI.
Finally, Repacorp moves for summary judgment on Sloan's request for punitive damages. Finding summary judgment proper on all of Sloan's substantive claims, he is therefore not entitled to recover any damages, including punitive damages. Accordingly, Repacorp's motion is well-taken and summary judgment is GRANTED on Sloan's request for punitive damages.
VII.
Based on all of the foregoing, Repacorp' motion for summary judgment (doc. 25) is GRANTED in its entirety. Judgment shall issue forthwith in favor of Repacorp and this case shall be TERMINATED on the Court's docket.
IT IS SO ORDERED.
Notably, Sloan presents no allegation or argument that such a provision itself violates the Americans with Disabilities Act,
Parrott became Sloan's immediate supervisor in 2012. Doc. 24-1 at PageID 76. Sloan testified that Parrott "had a problem with [him] since the day [he] started" at Repacorp. Doc. 24-1 at PageID 76. According to Sloan, Parrott treated him "like [he] was an idiot, that [he] didn't deserve the position that [he] had." Doc. 24-1 at PageID 76.
Notably, Sloan makes no allegation that Repacorp discriminated against him on the basis of his disability (or perceived disability) by requiring he take the drug test or removing him from the manufacturing floor. "[A] test to determine the illegal use of drugs shall not be considered a medical examination."
"The ADA does not exempt disabled individuals from reasonable rules of conduct." Dockery v. City of Chattanooga ,
Notably, Sloan does not allege any discrimination claim arising from Repacorp's decision to remove him from the manufacturing floor and place him on paid leave.
The discovery deadline in this case is set for March 5, 2018. Doc. 22 at PageID 47. Although discovery has not yet expired, the Court held a discovery status conference with counsel on February 13, 2018 and, although the parties represented that discovery was ongoing, it appeared to the Court that the discovery remaining related to Plaintiff's alleged damages only. Doc. 33. Absent a Rule 56(d) motion by Plaintiff, the undersigned considers Repacorp's motion ripe for decision.
Reference
- Full Case Name
- Robert SLOAN v. REPACORP, INC.
- Cited By
- 8 cases
- Status
- Published