Platts v. Kelly Servs., Inc., C 14-3026-MWB

MICHAEL PLATTS, Plaintiff, v. KELLY SERVICES, INC., and KRAFT FOODS GROUP, INC., Defendants.

No. C 14-3026-MWB

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA CENTRAL DIVISION

May 26, 2015

MEMORANDUM OPINION AND ORDER REGARDING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS' MOTION TO STRIKE PLAINTIFF'S ENTRY ON ERRATA SHEET FOR HIS DEPOSITION

TABLE OF CONTENTS

I. INTRODUCTION ........................................................................... 2

A. Factual Background ............................................................... 2

B. Procedural Background ........................................................... 7

II. LEGAL ANALYSIS ........................................................................ 8

A. The Defendants' Motion To Strike .............................................. 9

1. Additional background .................................................... 9

2. Arguments of the parties .................................................. 9

3. Analysis ...................................................................... 9

B. The Defendants' Motion For Summary Judgment ......................... 13

1. Standards for summary judgment ..................................... 13

2. Platts's Public Policy Claim ............................................ 14

a. Arguments of the parties ....................................... 14

b. Analysis ............................................................ 15

3. Liability Of Kraft Foods Group ........................................ 17

a. Arguments of the parties ....................................... 17

b. Analysis ............................................................ 184. Piatt's ICRA Disability Discrimination Claim ...................... 20

a. Arguments of the parties ....................................... 21

b. Analysis ............................................................ 23

III. CONCLUSION ............................................................................ 25

I. INTRODUCTION

A. Factual Background

Despite the parties' lengthy statements of facts, I find that the facts sufficient to put in context plaintiff Michael Platts's claims and the parties' arguments concerning summary judgment can be set forth rather briefly. Specific factual disputes that are or may be dispositive will be addressed in my legal analysis, below.

The parties agree that, in 1989, well before Platts's employment with defendant Kelly Services, Inc., Platts suffered a back injury. That injury required two surgeries, involving a fusion with internal fixation and implantation of a TENS unit to assist with back pain. Platts has been receiving Social Security disability benefits since 2009, because of his back problems. In 2009, Platts was diagnosed and treated for colon cancer, but that cancer is now in remission. Platts began having heart problems in 2011 and was diagnosed with a cardiomyopathy, for which he has a pacemaker. For purposes of summary judgment, defendants Kelly Services, Inc., (Kelly) and Kraft Foods Group, Inc., (Kraft) do not dispute that, at all relevant times, Platts was "disabled" within the meaning of the Iowa Civil Rights Act (ICRA), IOWA CODE CH. 216.

Platts completed an application for employment with Kelly on January 26, 2012, and was hired shortly thereafter. The Employment Agreement at the end of the KellyServices Employment Application, signed by Platts, includes, inter alia, the following provisions:

General Information

* * *

My employment term with Kelly is not guaranteed and is considered to be "at will." Kelly or I may end the relationship at any time with or without cause subject to applicable laws.

* * *

Employment Relationship

I understand I am not an employee of any customer to which Kelly assigns me, regardless of any customer statement, conduct, or belief. I will not be eligible to participate in or to receive benefits from any customer's benefits plans or policies. I waive and reject all rights to receive, apply for, or participate in any customer's benefits plans or policies.

* * *

Notice of Assignment End

Upon completion of each assignment, I will notify Kelly of my availability for work. I understand I am responsible for maintaining weekly contact with Kelly and failure to do so will indicate I have either voluntarily quit or am not actively seeking work. Failure to contact Kelly may affect my eligibility for unemployment benefits.

Defendants' Appendix (docket no. 26-4), 31 (Employment Application and Employment Agreement); see also Defendants' Appendix at 16 (Platts's Deposition, 76:11-25 78:7-15).

Platts was assigned to work at Kraft, a customer of Kelly, as a part-time temporary employee working 18 hours (three 6-hour shifts) per week, which was under the hours permitted while he received Social Security disability benefits. The parties do not dispute that positions at Kraft in which Kelly placed workers were the best paid positionsavailable. Platts acknowledged in his deposition that he understood that he was a Kelly employee and that he was never a Kraft employee. Id. at 16 (Platts's Deposition at 77:3-9). Nevertheless, he now contends that whether or not he was an employee of Kraft is a legal conclusion and that he was employed by both Kelly and Kraft.

Platts missed time from work in January and June 2013. On both occasions, the return-to-work documentation from his doctors that he provided did not indicate any restrictions. Although Platts did not have any specific work restrictions, Platts admits that Kelly accommodated his schedule for physical therapy, permitted him to be absent from work owing to issues with either his back or his heart, and allowed him to avoid working next to the baler machine because its magnets could impact the functioning of his pacemaker.

Platts alleges that, at an employee meeting, in the spring of 2013, a Kelly supervisor, Heather Wubben, announced that employees would have to be able to do all of the jobs in the Kraft plant or be terminated and that Kraft had so informed the Kelly representatives at the facility. The defendants assert, based on the testimony of Brad Jones, the Kelly operations manager at the Kraft facility, that what was actually required was that employees be trained on all of the lines at the Kraft facility, so that the lines that were operational on any given day could be staffed with trained workers. Platts also alleges that Wubben said that Kelly would no longer employ people in "light duty" positions and would no longer make "allowances" for Platts. Again, the defendants point to testimony of Jones that employees who were not trained on all lines at the Kraft facility would be placed on the "Lunchables lines," the least strenuous positions at the Kraft facility. Platts alleges that, when he spoke up at the meeting to explain that he had a bad back and could not work around magnets, Wubben told him, "[T]hen you won't be here long." He also alleges that, when he told Wubben he was "disabled," she said that would not make any difference. The defendants point out that, even if the statements attributedto Wubben were made, those statements were not true, and they are undermined by the fact that Platts was given "allowances" through August of 2013. There is no evidence that Wubben was actually involved in any decisions regarding Platts's employment.

Platts was forced to stop working at Kraft in August of 2013, owing to a flare-up of his heart condition. When Platts was ready to return to work in October of 2013, he provided two notes from his doctors. One note, from his heart doctor, indicated that Platts could return to work on October 22, 2013, but should avoid extreme heat, if possible, and if working with machines with magnets, "keep track in case device check shows noise, so we know what it could be from." Id. at 24 (Mason City Clinic, P.C., Certificate Of Return To Work Or School). Platts testified that his heart doctor knew that he only worked a total of 18 hours per week and that his heart doctor would not have released him to work more than 20 hours per week, but the heart doctor did not include any hours restrictions in his note. Id. at 12 (Platts's Deposition at 55:20-56:23). The other note, from Platts's family doctor, stated that Platts's work activity was restricted to "light duty." Defendants' Appendix at 26 (MC MFC Regency, Note from Dr. Garcia). Platts testified that this restriction was because of his back problems, not because of his heart, see id. at 6, 13 (Platts's Deposition at 27:25-28:4, 57:5-58:23), but the doctor's note does not indicate the reason for the restriction or the nature or extent of any specific "light duty" limitations. That doctor's note also does not include any restrictions on standing, walking, lifting, or bending. Nevertheless, Platts contends that he did have a bending restriction, in that he was supposed to bend with his back straight, not lift more than his knees and back could handle, and not engage in repetitive bending. Platts testified that the "light duty" restriction did not preclude him from doing anything that he had done before, "[b]ecause when I was hired they told me it was all light duty, which it was." Id. at 20 (Platts's Deposition at 95:13-16).

It was at this point, however, that something went amiss in the relationship between Platts and Kelly. In October 2013, Marcie Porterfield, who was the "recruiter" with Kelly responsible for interviewing and hiring applicants and managing and counseling temporary employees, met with Platts and reviewed his return-to-work documents. Platts asserts that Porterfield saw the "light duty" restriction and told him that there were no "light duty" positions at the Kraft facility. He points out that, in contrast, Porterfield later testified that "Kraft is very light duty, I mean light duty, light industrial," Plaintiff's Appendix (docket no. 27-3), 38 (Porterfield's Deposition, 57:22-23), and that the "light industrial" jobs at Kraft in which Kelly had placed its...