Mitchell v. Pilgrim's Pride Corp., Case No. 3:17-cv-609-J-34JRK

JOHNNY MACK MITCHELL, Plaintiff, v. PILGRIM'S PRIDE CORPORATION, Defendant.

Case No. 3:17-cv-609-J-34JRK

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

July 16, 2019

ORDER

THIS CAUSE is before the Court on Defendant, Pilgrim's Pride Corporation's (Pilgrim's Pride) Motion for Summary Judgment and Memorandum of Law (Doc. 45; Motion), filed December 13, 2018. Plaintiff, Johnny Mack Mitchell filed a Response in Opposition to Defendant's Motion for Summary Judgment on January 2, 2019 (Doc. 50; Response). With leave of the Court, Pilgrim's Pride filed a Reply in Support of Motion for Summary Judgment (Doc. 56; Reply), on March 6, 2019. Accordingly this matter is ripe for review.

In this action, Mitchell asserts that Pilgrim's Pride has violated his rights under Title VII of the Civil Rights Act, 42 U.S.C. § 2000, the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. §§ 2612, 2624, and Chapter 760 of the Florida Statutes. See Amended Complaint (Doc. 16), filed July 14, 2017. Specifically, in his Amended Complaint, Mitchell contends that while he was recovering from a work injury, his employer, Pilgrim's Pride, discriminated against him on the basis of his race and disability, and violated his rights under the FMLA. See generally id. After the close of discovery, Pilgrim's Pride filed the Motion which is fully briefed and both parties submitted record evidence in support of their respective positions.¹

I. Background²

Mitchell sues Pilgrim's Pride for race and disability discrimination, as well as for FMLA violations, based on alleged adverse employment actions Pilgrim's Pride took against Mitchell during and after his recoveries from a workplace injury.

A. Pilgrim's Pride

Mitchell started working for Pilgrim's Pride's predecessor, Gold Kist, in 1991, at its Live Oak, Florida, location. Lagos Declaration at 3. Pilgrim's Pride, a chicken processing company, acquired the Live Oak plant in 2008. Id. The company takes workplace safety seriously, id. at 3, and emphasizes to all employees that "'[w]orking safely is a condition of employment,' and that '[m]anagement is responsible for maintaining and enforcing safe work practices.'" Id. The company also

has an "open door" policy in which employees are welcome to bring their concerns to management directly, as well as a "PRIDE Line," which is a confidential toll-free hotline that is available 24 hours a day, 7 days a week to allow employees, suppliers, customers and other interested parties to report complaints or concerns.

Id.

Pilgrim's Pride has standards of conduct applicable to all employees which state that "'[f]ailure to follow instructions or perform designated work' is grounds for 'corrective action, up to and including termination.'" Id. While the company has a progressive discipline policy, an employee can be terminated immediately, "depending on the case." Johnson Deposition at 14, 16. In this regard, the Employee Handbook states that "certain forms or instances of misconduct, rule violations, insubordination and other activities can result in disciplinary action of . . . suspension and or discharge for one offense." Mitchell Deposition, Human Resources Attach. at 20; see also Johnson Deposition at 15.

When Pilgrim's Pride acquired the Live Oak plant, Mitchell was working "as a Live Hanger in the Live Shed Department, where he reported to Supervisor Kenneth Burnham and Superintendent James Johnson." Lagos Declaration at 3; Mitchell Deposition at 29. Mitchell's work required him to take live chickens weighing between three and seven pounds, shackle them, and then hang them on a moving line that would eventually take the chickens to their death and subsequent processing. Mitchell Deposition at 21-24, 30; Papoi Deposition at 34. During the time Mitchell worked in the Live Shed, the company expected Mitchell and his co-workers to hang twenty-eight birds a minute. Mitchell Deposition at 30-31.³

B. Mitchell's shoulder injury, surgery, and recovery

As a result of his work in the Live Shed, Mitchell experienced pain in his shoulders and arms. On February 20, 2013, Mitchell first reported to the Pilgrim's Pride medical department that he was suffering from shoulder and arm pain. Lagos Declaration at 4; Mitchell Affidavit at ¶ 4; Mitchell Deposition at 57; Mitchell Deposition, Medical Recordsat 6. The pain initially began in his right shoulder, but over time, his left shoulder "worsened substantially." Mitchell Affidavit at ¶ 4.

In June of 2013, Mitchell "applied for worker's compensation for 'bilateral shoulder pain.'" Lagos Declaration at 4; Mitchell Affidavit at ¶ 5; Mitchell Deposition, Medical Records at 16. Mitchell's doctor diagnosed him with "bilateral rotator cuff tendinopathy, impingement signs, mild a.c. joint arthritis bilaterally, and repetitive use injury." Lagos Declaration at 4. During this time period, Pilgrim's Pride assigned Mitchell to a light duty position, picking feathers off chickens in the Picking Room, but returned him to live hanging when his shoulder pain appeared to improve. Mitchell Affidavit at ¶ 4. However, when Mitchell resumed his former duties, his shoulder pain returned. Mitchell Deposition at 57-58; Mitchell Deposition, Medical Records at 14. Over the next few months, in attempting to treat Mitchell's shoulder pain, his doctors imposed a variety of work restrictions including prohibiting him from reaching over his head and limiting the amount of weight he could lift and carry. See Lagos Declaration at 4, 30, 37, 40, 43; Mitchell Deposition, Medical Records at 17-34.

As a result of his ongoing pain, and in response to the doctor's orders, Pilgrim's Pride transferred Mitchell to the MSC Department (mechanically separated chicken) where he ground chicken bones. Mitchell Deposition at 77-79. His tasks also included making and stacking boxes. Id. at 80. Mitchell contends that in stacking and making the boxes, he further strained his shoulder, and had to work under conditions that were outside the scope of his medical restrictions. Mitchell Affidavit at ¶ 6; Mitchell Deposition at 81. At the time, however, Mitchell did not complain to anyone about working outside the scope of his medical restrictions because he felt he could not tell his supervisors "no."Mitchell Affidavit at ¶ 6. In response to an Interrogatory asking Mitchell to "identify any and all requests you have made to anyone at Pilgrim's Pride regarding desired accommodations," Mitchell responded that he "didn't request any accommodations from anyone." Mitchell Deposition Attach. at 8.

Mitchell's left shoulder became progressively problematic, and on January 12, 2015, he had surgery to repair a tear on his left rotator cuff. Lagos Declaration at 4; Mitchell Deposition, Medical Records at 35. Mitchell returned to work on January 25, 2015, with doctor's orders requiring no lifting, no use of his left shoulder, and attendance at physical therapy. Lagos Declaration at 5; Mitchell Deposition at 61-62. Mitchell's doctor also directed him to keep his left arm in a sling while at work. Mitchell Affidavit at ¶ 48; Mitchell Deposition, Medical Records at 38. To accommodate the doctor's restrictions, Pilgrim's Pride assigned Mitchell to the Picking Room at the same rate of pay he earned while in the Live Shed. Lagos Declaration at 5; Mitchell Affidavit at ¶ 8; Mitchell Deposition at 60, 90, 94; Mitchell Deposition Attach. at 109.

From January until late August of 2015, Mitchell had regular follow-up visits with his doctor, as well as with the Pilgrim's Pride occupational health nurse, Gay Papoi. Lagos Declaration at 5; Mitchell Deposition, Medical Records at 37-52; Papoi Deposition at 45. Mitchell's doctor continued to impose a variety of work restrictions on him as his shoulder healed, but the restrictions became less onerous over time. For example, Mitchell's initial January 2015 post-operative restriction barred him from any lifting or use of his shoulder, but by July of 2015, Mitchell's doctor reduced his medical restrictions to lifting no more than ten pounds and no reaching overhead, along with ordering that he continue physical therapy. Lagos Declaration at 5-6.

During meetings with Mitchell, Nurse Papoi recalls counselling Mitchell that "hanging chickens is not advised after shoulder surgery," and asking him to think "about a different job, and to watch the bulletin board for jobs to bid on." Papoi Deposition at 14-15, 45. On at least one other occasion during his recovery process, Papoi recalls advising Mitchell in the presence of his immediate supervisor, Burnham, of the "hazards to his post-operative shoulder if he were to start hanging birds again . . . ." Id. at 45. Mitchell recalled his regular meetings with Papoi, but denies that she suggested that he should think about a job other than live hanging, or that live hanging could lead to additional shoulder injuries. Mitchell Affidavit at ¶ 18; Mitchell Deposition at 108.

As Mitchell's shoulder incrementally improved and when the live hang line got busy, Mitchell's supervisors would ask him to work in the Live Shed performing a variety of tasks. Mitchell Affidavit at ¶¶ 8-9; Mitchell Deposition at 90, 91. Mitchell testified that on several occasions, Johnson had him perform secondary live hanging duties, which included retrieving dead chickens that had fallen off the live hang line and into a vat, and then throwing the chickens back on the assembly line. Mitchell Affidavit at ¶ 8; Mitchell Deposition at 63-64. Mitchell also stated that he occasionally engaged in rehanging birds. Mitchell Deposition at 60, 64, 90; Mitchell Deposition Attach. at 109. Mitchell performed some of these activities while he was still wearing the sling on his left arm. Mitchell Affidavit at ¶ 8; Mitchell Deposition at 63, 91. Mitchell acknowledged that this work did not involve the same type of physical activity as live hanging, but stated that it nonetheless...