194 F. Supp. 3d 580
W.D. Ky.2016Background
- Donald Bush was a Compass Group chef manager assigned to Kentucky Farm Bureau (KFB); he sought other, less physically-demanding Compass positions beginning in May 2012 and applied to ten internal positions through December 2012.
- Bush reported a work-related back/neck condition, provided successive physicians’ notes restricting lifting (down to 10 pounds, then sedentary), and filed an initial workers’ compensation report in August 2012.
- Compass/ KFB began recruiting to replace him as chef manager after Bush indicated he could no longer perform required duties; the KFB chef manager position was posted in Sept. 2012 and filled while Bush was on approved FMLA/psychiatric leave (Oct. 26, 2012–Jan. 18, 2013).
- Bush was released to return to work in December 2012, applied for another Compass position but was not selected, and was informed in January 2013 that he was laid off for lack of work but eligible for rehire.
- Bush sued for retaliation under the Kentucky Workers’ Compensation Act and FMLA, and for disability discrimination under the ADA and Kentucky Civil Rights Act (KCRA). Compass moved for summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Workers’ compensation retaliation — causal connection | Bush: reporting injuries and seeking benefits between May–Aug 2012, and termination Jan 2013, are temporally proximate and show retaliation | Compass: decision to replace/lay off Bush was based on his inability to perform chef-manager duties and his attempts to transfer; legitimate non-retaliatory reasons exist | Court: Rejected causal link — 4–8 month gap and lack of other evidence insufficient; claim fails |
| ADA / KCRA disability discrimination — qualified individual | Bush: he was disabled but could perform essential functions as written (lifting up to 10 lbs) with accommodations (others could do heavier lifting) | Compass: Bush repeatedly testified he could not perform chef-manager duties; actual job required regular lifting beyond written description | Court: Rejected post-dep. affidavit contradicting deposition; actual job duties (lifting up to ~50 lbs) were essential; Bush not qualified, claim fails |
| FMLA retaliation — causal connection | Bush: termination about one month after release from FMLA creates causal inference | Compass: plans to replace/offer severance predated leave; HR continued to assist job search after leave ended | Court: Timing and record show termination process began before leave; plaintiff fails to prove causal connection; claim fails |
| Use of contradictory affidavit to defeat summary judgment | Bush: affidavit asserts capability contrary to deposition | Compass: relies on deposition and other evidence showing incapacity | Court: Affidavit that contradicts deposition cannot create genuine issue; deposition controls |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard and burden)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (evidence and summary judgment standard)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden-shifting framework for discrimination claims)
- Aerel, S.R.L. v. PCC Airfoils, L.L.C., 448 F.3d 899 (affidavit cannot create issue by contradicting prior testimony)
- Hall v. U.S. Postal Serv., 857 F.2d 1073 (determining essential functions requires fact-specific inquiry beyond job description)
- Demyanovich v. Cadon Plating & Coatings, L.L.C., 747 F.3d 419 (elements of disability-discrimination prima facie case)