Brian Green v. BakeMark USA
683 F. App'x 486
6th Cir.2017Background
- Brian Green was an operations manager at BakeMark (hired Oct 2010). He had thyroid cancer surgery in Sept 2011 and intermittent medical leaves through 2012.
- Green sought various accommodations: part-time/four-hours-a-day (Feb 2012), eight-hours-a-day with clarification (Mar 2012), and later doctor notes indicating limited hours in June 2012. BakeMark alternately extended leave and sought doctor clarifications.
- BakeMark repeatedly attempted to discuss accommodations by phone/meeting; Green preferred written communications and ultimately applied for/received long-term disability and later SSDI (SSA found disability as of May 2, 2012).
- In September 2012 mediation Green asserted he could not work in any capacity; BakeMark terminated his employment for inability to accommodate an indefinite leave.
- Green sued under the ADA for failure to accommodate and constructive-discriminatory discharge; the district court granted summary judgment for BakeMark, and the Sixth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BakeMark failed to accommodate Green in Feb 2012 when Green requested four hours/day (part-time) | Green: four-hours/day for 30 days was a reasonable accommodation | BakeMark: operations-manager role requires full-time (≈50 hrs/wk); part-time would remove essential functions | Held: part-time 20 hrs/wk unreasonable; Green not a "qualified individual" in Feb 2012; summary judgment for BakeMark |
| Whether BakeMark failed to accommodate Green in Mar 2012 by refusing eight-hours/day beyond Mar 30 | Green: needed eight-hours/day continuing beyond Mar 30 | BakeMark: it agreed to accommodate through Mar 30 and asked for doctor clarification for any extension; Green did not request beyond Mar 30 | Held: BakeMark provided the accommodation Green requested; no failure to accommodate |
| Whether Green was able/qualified in summer 2012 (after May 2) | Green: June doctor note allowed phased return (4 hrs x14 days, then 8 hrs x6 months) | BakeMark: record (Green’s deposition, SSDI award, doctors’ statements) shows he was unable to work at all after May 2 | Held: overwhelming evidence Green could not work in summer 2012; not a "qualified individual"; summary judgment for BakeMark |
| Whether BakeMark’s conduct supports a constructive-discriminatory discharge | Green: repeated failures to accommodate caused severe psychological disorders and constructive discharge | BakeMark: it communicated with doctors, sought meetings, proposed alternatives, and law permits termination when employee cannot return for foreseeable future | Held: no ADA violation occurred prior to termination; no deliberate intolerable conditions shown; constructive-discharge claim fails |
Key Cases Cited
- Ford Motor Co. v. E.E.O.C., 782 F.3d 753 (6th Cir.) (explains when full-time attendance/essential functions preclude part-time accommodation)
- Cleveland v. Policy Mgmt. Sys. Corp., 526 U.S. 795 (1999) (SSDI findings do not bar ADA claims but plaintiff must reconcile inconsistencies)
- Talley v. Family Dollar Stores of Ohio, Inc., 542 F.3d 1099 (6th Cir. 2008) (circumstances where failure to accommodate may support constructive discharge)
- Gantt v. Wilson Sporting Goods Co., 143 F.3d 1042 (6th Cir. 1998) (employee bears initial burden to request accommodation; employer not required to speculate)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment standard for genuine issues of material fact)