Santhuff v. United Parcel Serv.

STEVE SANTHUFF v. UNITED PARCEL SERVICE, INC., ET AL.

CIVIL ACTION NO. 17-1404-JWD-EWD

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

September 19, 2019

RULING AND ORDER

This matter comes before the Court on the Motion for Summary Judgment (Doc. 24) filed by Defendants United Parcel Service, Inc., ("UPS") and Paul Witt ("Witt") (collectively, "Defendants"). Plaintiff Steve Santhuff ("Plaintiff" or "Santhuff") opposes the motion. (Doc. 38.) Defendants have filed a reply. (Doc. 40.) Oral argument is not necessary. The Court has carefully considered the law, the facts in the record, and the arguments and submissions of the parties and is prepared to rule. For the following reasons, the motion is granted in part and denied in part.

I. Introduction and Summary

The basic facts are not disputed. Plaintiff is employed by UPS as an On Road Supervisor. He suffers from Pigmentary Glaucoma that necessitated a leave of absence from March to July of 2016. When he was ready to return, he requested an accommodation for his disability. While there is some disagreement on what exactly UPS and Plaintiff agreed to, it's undisputed that, upon his return on July 11, 2016, he was assigned to perform supervisory rides with drivers five days a week (as opposed to before his leave, when he only had to conduct these rides two or three days per week). There's a dispute as to how long Plaintiff did this (somewhere between one to three months), but it is undisputed that Plaintiff unilaterally chose to discontinue riding five days a week. UPS accepted his decision, and he remains an employee today doing the same duties he previously performed.

In the instant motion, Defendants move to dismiss all of Plaintiff's claims. However, Plaintiff only opposes the dismissal of three: UPS's alleged failure to provide a reasonable accommodation in violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. ("ADA") and the Louisiana Employment Discrimination Law, La. Rev. Stat. § 23:301 et seq. ("LEDL"), and UPS's alleged failure to pay overtime in violation of the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq. ("FLSA").

Having carefully considered the arguments, law, and evidence, the Court will deny the motion as to the ADA and LEDL claims. Construing the evidence in a light most favorable to Plaintiff and drawing reasonable inferences in his favor, a reasonable jury could conclude that UPS knew of the limitations Plaintiff had with riding a car five days a week (as it related to his eye), was responsible for the breakdown in the interactive process, and failed to provide a reasonable accommodation. In short, genuine issues of material fact preclude summary judgment.

However, the Court will grant summary judgment on the FLSA claim because of the Executive exemption. The central question here is whether Plaintiff's "suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees are given particular weight." 29 C.F.R. § 541.100(a). The Court finds that they are. That is, all reasonable jurors would conclude—from Plaintiff's own testimony—that his involvement in the disciplinary process was such that his input on firing was given particular weight.

Plaintiff's other claims also warrant dismissal—all because of waiver, and some for other reasons. Specifically, Plaintiff's claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ("Title VII"), fails due to causation. Plaintiff's claim under Louisiana Civil Code Article 2315 also fails, as it is foreclosed by Story v. Our Lady of the Lake Physician Grp., No.17-651, 2018 WL 1902687 (M.D. La. Apr. 20, 2018) (deGravelles, J.). Lastly, Plaintiff's claim for punitive damages fails because of the good faith defense.

Consequently, all of Plaintiff's claims—except those made under the ADA and LEDL for UPS's alleged failure to provide a reasonable accommodation—will be dismissed with prejudice.

II. Relevant Factual Background

A. Plaintiff's Background with UPS and UPS's Investigation into Plaintiff

Plaintiff is currently a UPS employee, working as an On Road Supervisor in UPS's Port Allen facility. (Statement of Undisputed Material Facts ("SUMF") ¶ 1, Doc. 24-11; Plaintiff's Response to Defendant[s'] Statement of Undisputed Material Facts and Plaintiff's Statement of Disputed Facts ("PRSUMF") ¶ 1, Doc. 38-1.)¹ Plaintiff began his UPS employment in Georgia in 1998. (SUMF ¶ 1; PRSUMP ¶ 1.) He moved to Louisiana in 2014, where he began as an On Road Supervisor in UPS's Gonzales facility. (SUMF ¶ 1; PRSUMP ¶ 1.)

In fall of 2015, Plaintiff asked to transfer from Gonzales to Baker due to problems he experienced with a number of Gonzales employees. (SUMF ¶ 2; PRSUMP ¶ 2.) Specifically, Plaintiff claims he was the only supervisor issuing discipline, which caused the Gonzales employees to resent him. (SUMF ¶ 2; PRSUMP ¶ 2.)

Plaintiff said his first year in Baker was smooth, but then his boss, Jeff Hill, asked Plaintiff and other supervisors to improve the drivers' performance. (SUMF ¶ 3; PRSUMP ¶ 3.) In response, Plaintiff increased his disciplinary efforts, causing the Baker employees to resent him. (SUMF ¶ 3; PRSUMP ¶ 3.) Plaintiff said the Baker employees filed grievances against him because they, like the Gonzales employees, did not want to be supervised as closely as Plaintiff supervised them. (SUMF ¶ 3; PRSUMP ¶ 3.)

In January 2017, Plaintiff learned of approximately eight complaints about his supervision made to the UPS 800 line. (SUMF ¶ 4; PRSUMP ¶ 4.) In May of 2017, employees submitted more than 800 line complaints and also submitted a memorandum, complaining of, among other things, unprofessional discipline and that Plaintiff pressured drivers by "soliciting deals and handouts." (SUMF ¶ 5; PRSUMP ¶ 5.) The employees asked UPS to investigate Plaintiff. (SUMF ¶ 5; PRSUMP ¶ 5.)

UPS interviewed Plaintiff and some of the employees involved. (SUMF ¶ 6; PRSUMP ¶ 6.) Plaintiff does not know who Wilfred Edwards in Human Resources ("HR") spoke to as part of Edwards's investigation. (SUMF ¶ 6; PRSUMP ¶ 6.) In the investigation, Plaintiff acknowledged that employees had complaints about him and even said one employee called him the "Discipline Monster." (SUMF ¶ 7; PRSUMP ¶ 7.) Some employees viewed him as "sarcastic" and "arrogant." (SUMF ¶ 7; PRSUMP ¶ 7.) Plaintiff had seen these complaints coming since January 2017. (SUMF ¶ 7; PRSUMP ¶ 7.)

With respect to the allegations that Plaintiff solicited handouts, Plaintiff admitted to asking one employee, Kevin Shows, to deliver a key to someone along Shows' route. (SUMF ¶ 8; PRSUMP ¶ 8.) Specifically, he told Shows to log out of the time system, perform this personal errand for Plaintiff, and then log back in to resume being paid. (SUMF ¶ 8; PRSUMP ¶ 8.)

Similarly, Plaintiff asked another driver, Wayne Mitchell, to deliver a personal check for Plaintiff along Mitchell's delivery route and to log out and take personal time to perform Plaintiff's errand. (SUMF ¶ 9; PRSUMP ¶ 9.) Plaintiff also distributed flyers to his employees before a meeting, asking them to perform free manual labor on his personal property. (SUMF ¶ 10; PRSUMP ¶ 10.)

B. Disciplinary Acknowledgements Issued to Plaintiff

After the investigation, on June 26, 2017, Paul Witt (West Package Division Manager) sent to Plaintiff a document entitled "Disciplinary Acknowledgement." (See SUMF ¶¶ 11, 12; PRSUMF ¶¶ 11, 12; Pl. Dep., Ex. 53, Doc. 24-5 at 18.) The document stated that the "investigation revealed that [Plaintiff] failed to adhere to some UPS polices and procedures" and then listed some examples. (Pl. Dep., Ex. 53, Doc. 24-5 at 18.) The Disciplinary Acknowledgment then said that Plaintiff's actions were contrary to UPS principles and that he would not be recommended for a Management Incentive Program (MIP) bonus. (Pl. Dep., Ex. 53, Doc. 24-5 at 18; SUMF ¶ 11; PRSUMP ¶ 11.)

Paul Witt and Wilfred Edwards, in HR, met with Plaintiff to administer the Disciplinary Acknowledgment. (SUMF ¶ 12; PRSUMP ¶ 12.) During the meeting, Witt realized the acknowledgment contained a typo in the spelling of Kevin Shows' name. (SUMF ¶ 12; PRSUMP ¶ 12.) Witt asked Plaintiff to hand the document to Witt, but Plaintiff refused unless Witt agreed to give Plaintiff a copy right then. (SUMF ¶ 12; PRSUMP ¶ 12.) Rather than simply following instructions and letting his manager correct the document, Plaintiff refused to return the document, insisting he would not pass it back until he photographed the document containing the typo. (SUMF ¶ 12; PRSUMP ¶ 12.)

Witt instructed Plaintiff not to photograph it and again told Plaintiff to return the document. (SUMF ¶ 13; PRSUMP ¶ 13.) Again ignoring Witt's instructions, Plaintiff photographed the document and still did not hand it to Witt. (SUMF ¶ 13; PRSUMP ¶ 13.) After refusing several direct instructions, Witt told Plaintiff to leave the property. (SUMF ¶ 14; PRSUMP ¶ 14.) Plaintiff did so, but he took the document with him. (SUMF ¶ 14; PRSUMP ¶ 14.)

A week or so later, UPS gave Plaintiff a corrected version of the document (with Shows' name spelled correctly), but it also referenced Plaintiff's insubordination in refusing to return the document, and it increased Plaintiff's discipline to include removal of a salary increase. (SUMF ¶ 15; PRSUMP ¶ 15.)

Shortly thereafter, UPS decided to transfer Plaintiff, this time to its Port Allen facility, where Plaintiff remains employed today, performing the same job duties he performed in Baker. (SUMF ¶ 16; PRSUMP ¶ 16.) Plaintiff said he was initially uncomfortable with the transfer to Port Allen, but he soon became "comfortable" in Port Allen. (SUMF ¶ 16; PRSUMP ¶ 16.) Per Plaintiff, his move to Port Allen was again the result of employee complaints about him. (SUMF ¶ 16; PRSUMP ¶ 16.)

C. Plaintiff's Disability and Requested Accommodation

1. Plaintiff's Condition and Initial Request for an Accommodation

Plaintiff suffers from...