Collins v. Abbott Labs., Inc.

ANTHONY COLLINS, Plaintiff, v. ABBOTT LABORATORIES, INC. f/k/a ST. JUDE MEDICAL, INC., Defendant.

Case No. 17-CV-4534 (NEB/SER)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

June 28, 2019

ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

Plaintiff Anthony Collins ("Collins") brought this suit against Defendant Abbott Laboratories Inc. f/k/a St. Jude Medical, Inc. ("Abbott") claiming discrimination under the Family and Medical Leave Act ("FMLA"), and disability discrimination and a failure to accommodate under the Minnesota Human Rights Act ("MHRA"). Abbott moved for summary judgment on all the claims. [See ECF No. 61.] Collins conceded at oral argument that Abbott is entitled to summary judgment on the FMLA claim and the MHRA disability discrimination claim, leaving only the reasonable accommodation claim for the Court's review. For the reasons that follow, Abbott's motion for summary judgment on the reasonable-accommodation claim is granted.

BACKGROUND

I. M & I Specialist Position

Collins worked as a materials and inventory specialist ("M&I Specialist") at Abbott in Minnetonka, Minnesota. [ECF. No. 64 ("Markison Decl.") Exs. 1, 2, 3 ("Collins Dep.") at 93:12-21.] M&I Specialists support production-line employees by ensuring stock is available for Abbott's production lines. (Markison Decl., Exs. 4 ("Brink Dep.") at 49:5-10; 5 ("Job Description").) M&I Specialists are also responsible for maintaining, processing, and shipping medical-device components. (Id.) They typically work in four different buildings at the Minnetonka location, regularly moving between them to meet staffing and production needs. (Markison Decl., Ex. 6 ("Duerre Dep.") at 11:18 - 12:8.)

The M&I Specialist position is physically active. The required job duties include performing "Material Movements both physically and systematically" and operating "material handling equipment including potential use of forklifts or other equipment with appropriate training and/or certification." (Job Description at 1.) According to the job description, the job requires employees to push or pull 10-50 pounds frequently, stand and walk continuously, and lift or carry items up to 20 pounds frequently and 21-50 pounds occasionally. (Job Description at 4.) The job description includes a note that these written requirements "are intended to describe the general nature and level of work being performed by people assigned to this job. (Id.) "They are not intended to be anexhaustive list of all responsibilities, duties, and requirements, which may change from time to time based on business needs." (Id. at 3.)

The main function of M&I Specialists is to move pallets of materials within the Abbott warehouses. (Brink Dep. 23:19-21.) To do this, M&I Specialists use both manual pallet jacks and electric forklifts.¹ (Markison Decl., Ex. 7 ("Vasecka Dep.") at 21:6-15; Duerre Dep. 43:6-13.) Each piece of equipment operates differently and with a different purpose. A manual pallet jack lifts pallets several inches above the ground; it is moved manually by pushing or pulling the jack. (Collins Dep. at 104:12-16.) An electric forklift is used to lift pallets onto higher shelves once they have been moved (typically by a manual pallet jack) to a certain floor location within the warehouse. (Duerre Dep. 44:10-45:21, 48:2-23; Brink Dep. 23:13-24:7, 28:19-29:1, 56:11-57:1.) Electric forklifts are battery-operated and need to be charged regularly, a process that can take several hours. (Collins Dep. 104:21-105:9, 210:3-212:3.) In one of the four buildings where M&I Specialists work,no electric forklift is available. (Brink Dep. 16:14-15, 36:6-8; Duerre Dep. 26:11-18, 34:14-16, 47:4-18; Collins Decl.)

In addition to moving pallets, M&I Specialists perform other tasks, such as handling, counting, and "kitting" small items in the "Clean Room," as well as confirming, prepping, and backflushing orders. (Duerre Dep., 14:21-15:16, 17:21-23; Collins Dep., 99:8-12; Vasecka Dep. 30:14-23). According to Michael Duerre, Abbott's Inventory and Warehousing Supervisor, M&I Specialists staff the clean rooms, but there are no employees specifically dedicated to work in the warehouses' clean rooms. (Duerre Dep. 19:21-20:25; see also Markison Decl., Ex. 22 ("Khan Dep.") 31:21-23, Markison Decl., Ex. 9 ("Ross Dep.") 38:19-20.)

II. Disability

In June 2016, Collins was diagnosed with mild-to-moderate osteoarthritis of the right knee. (Markison Decl., Ex. 10; Collins Dep. 139:17-24.) On August 29, 2016, Collins was using a manual pallet jack, and felt a tingle run down his right leg. (Collins Dep. 105:15-24.) Collins immediately stopped using the jack and reported the injury to his team lead. (Collins Dep. 73:3-12.) He visited a doctor the next day, August 30, 2016, because he thought the tingling may be related to his arthritis, but the doctor diagnosed the cause as an issue with Collins's S1 vertebra. (Collins Dep. 110:4-15, 138:1-13.) The same day, the doctor signed a note stating that Collins was not to lift, push, or pull more than 25 pounds. (Markison Decl., Ex. 15.)

Collins then returned to work and was temporarily assigned first to labeling boxes, and then to the clean room. (Collins Dep. 69:18-20; 70:11-13.) Collins stayed in the clean room assignment for three weeks. (Id. at 99:8-12.) During Collins's time in the clean room, he visited his primary care doctor and was given new work restrictions—not to lift more than 15 pounds, not to stand more than one hour or for extended periods of time, and to perform only light duty work. (Markison Decl., Ex. 16.)

When Abbott received Collins's work restrictions, Human Resource Generalist Aisha Khan met with Collins to determine if he could continue in the M&I Specialist role with the restrictions in place, and to discuss any potential accommodations. (Collins Dep. 125:22-126:3; Khan Dep. 15:7-18:15.) The meeting took place on October 5, 2016. Khan asked Collins what accommodations he needed, and Collins requested to remain in the clean room. (Collins Dep. 125:22-126:25; Khan Dep. 16:21-17:8.) Indeed, Collins asserts that his supervisor Michael Duerre told him that he could be permanently placed in the clean room. (Collins Dep. 134:18-135:1.) But working in the clean room was not a discrete position or a full-time job. (Khan Dep. 33:1-5; Markison Decl., Ex. 9 ("Ross Dep.") 38:19-20; Collins Dep. 121:19-122:1.) As Duerre testified, the clean room tasks were only part of the M&I Specialist job. (Duerre Dep. 18:21-23:4; 58:3-12.) With only 40-45 M&I Specialists to support 800-900 production-line employees, having an M&I Specialist work exclusively in the clean room would "silo" the employees and be detrimental to production. (Brink Dep. 48:19-49:10.) In a second meeting with Collins after aconversation with Duerre, Khan informed Collins that working in the clean room was not a full-time job. (Khan Dep. 21:17-22:9.) Khan asked Collins whether any other accommodations would allow him to perform his duties, and Collins stated he was not aware of any. (Markison Decl. Ex. 23.) Kahn told Collins that although his medical restrictions rendered him unable to perform the essential functions of the M&I Specialist role, since his restrictions were temporary, a (temporary) leave was a possible accommodation. (Khan Dep. 30:1-31:2; Markison Decl., Ex. 23.)

Abbott thus placed Collins on a temporary leave until December 28, 2016, the date it expected Collins would be able to return and perform all the essential duties of his position. (Markison Decl., Exs. 19, 21, 23.) Abbott sent a letter confirming that the leave was an accommodation for Collins's disability, and that he could return to work if an accommodation for his work restrictions could be found. (Markison Decl., Ex. 23.)

Abbott extended Collins's leave several more times in response to work restrictions submitted by his doctors. On November 29, 2016, a doctor updated Collins's work restrictions and stated he could perform between 60-80% of his duties, but that he was not to lift more than 30 pounds, and was not to use a manual pallet jack. (Markison Decl., Ex. 24.) That doctor noted Collins's expected return date as January 29, 2017. (Id.) Abbott extended his leave until then. (Markison Decl., Ex. 25.)

On January 30, 2017, Collins's updated work restrictions no longer restricted lifting, pushing, or pulling; a doctor simply prohibited use of a manual pallet jack for sixmonths. (Markison Decl., Ex. 27.) In response, Abbott extended his leave for six months. (Markison Decl., Ex. 28.) On August 3, 2017, Collins's updated work restrictions again required no manual pallet jack use. Abbott first responded by extending Collins's leave one more time. (Markison Decl., Ex. 33.) Then, Abbott determined that it was unclear if Collins would ever be able to use a manual pallet jack. (Markison Decl., Ex. 34.) Since use of the manual pallet jack was an essential requirement of the job, on August 23, 2017, Abbott terminated Collins's employment. (Id.)

On September 13, 2017, Collins filed a Complaint in state court, which Abbott removed to federal court. Collins alleges three causes of action against Abbott: (1) violation of the Family and Medical Leave Act; (2) discrimination in violation of the Minnesota Human Rights Act; and (3) failure to provide a reasonable accommodation in violation of the Minnesota Human Rights Act. [See ECF No. 1, Ex. A ¶¶ 45-72.]

ANALYSIS

I. Standard of Review

Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show 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). A dispute over a fact is "material" only if its resolution might affect the outcome of the litigation under the governing substantive law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A dispute over afact is "genuine" only if "the...