David Coulson appeals the grant of summary judgment to Goodyear Tire & Rubber Co. (Goodyear), dismissing his claims of discrimination, failure to accommodate, harassment and retaliation under the Americans with Disabilities Act. 42 U.S.C. § 12112(a) et seq. We affirm.
I
Coulson worked as a processing technician for Goodyear in Department 415B of the Research Department. In December 1992, Goodyear transferred Coulson to Department 415C, where he continued working in the same capacity. Following the transfer, Coulson had personality conflicts with a number of people in the department. Coulson alleges that these people teased and harassed him. In July 1993, Coulson sought medical help in coping with problems at work. In September 1993, Coulson requested a transfer to a new department; according to Coulson, this request angered his supervisor, Neal Fair-
In February 1994 and on several later dates, Coulson discussed suicide with coworkers. Faircloth met with Coulson, and then conferred with resource manager George Sacco, to determine what should be done. Sacco suggested that Coulson get professional help and instructed another employee to facilitate such help.
Coulson met with Goodyear’s medical director, Donald Sherman. At the meeting, Coulson claimed he was harassed at work, and that he had had thoughts of suicide, but had no current intention of taking his life.
Sherman concluded that Coulson was not a danger to himself or others. Sherman reported to Wayne Peavy (of Human Resources) that no restrictions were necessary for Coulson’s return to work.
Sherman met with Coulson again, and confirmed that he was no longer having suicidal thoughts. However, a few days later, Coulson allegedly discussed suicide with Colleen Lansinger, a supervisor. The day after that discussion, Faircloth emailed Sacco, discussing incidents of inappropriate behavior by Coulson. Sherman, Faircloth, and several others determined that a psychiatric evaluation would be appropriate for Coulson. Coulson admitted himself to St. Thomas Hospital. His leave of absence was fully paid by Goodyear.
After five days, Coulson was released from St. Thomas. Dr. Deckert, who supervised Coulson’s treatment there, diagnosed Coulson as having “major depression with psychotic features” and “paranoid, obsessive, avoidance traits.”
Coulson was returned to work without restrictions. In August 1994, Coulson requested a transfer to another department. This transfer was denied. Later that month, Coulson was escorted by security off of the premises because of a threat Coulson allegedly made against another employee, Mari Assante. Assante gave an affidavit, however, that does not support that charge. Assante did confirm that she heard Coulson speak of suicide in “late August or early September 1994.”
Goodyear also alleged that Coulson had had multiple conversations about firearms and bombs with other employees; Goodyear asserts that Coulson made “shooting gestures” with his hands towards other employees. Coulson concedes that he had conversations about weapons at work, but characterizes those conversations as jokes. Goodyear asserts that Mari Assante reported that Coulson threatened to use a machine gun in the lab.
Goodyear then determined that Coulson should be placed on a second leave of absence for the purpose of evaluating whether he would pose a threat to himself or other workers. On September 19, 1994, Coulson was escorted off of Goodyear’s property, and was placed on paid leave, contingent on his receiving a medical evaluation.
Dr. Robert Rodriguez, selected by Coulson to make the evaluation, cleared Coulson to return to work on December 7, 1994. Dr. Rodriguez suggested that Coulson should be transferred to another department under different supervisors. Sherman questioned the validity of Rodriguez’s diagnosis. Sherman asked that Coulson see Dr. George E. Tesar, a psychiatrist. Tesar diagnosed Coulson with “major depression with psychotic features: in remission versus bi-polar II; in remission” and probable paranoid personality disorder. On March 14, 1995, Tesar cleared Coulson for return to work. Tesar provided an extensive report, which concluded that Coulson was not a danger to himself or others, but that he should be
On March 31, 1995, Coulson was instructed to report to work in Department 415C on his normal work shift on Monday, April 3, 1995. Coulson did not report to work, claiming that he should be transferred to another department. On April 4, 1995, Goodyear informed Coulson that “there are no current job openings suitable for [his] qualifications.” Goodyear’s April 4 letter advised Coulson that he needed to “advise [Goodyear] regarding [Coulson’s] intentions to return to work at Goodyear.” When Coulson still did not report to work for another 2 weeks, George Sacco terminated Coulson’s employment on April 14.
The ease was tried before a magistrate judge by the consent of the parties. The magistrate judge granted Goodyear’s motion for summary judgment. Coulson timely appealed.
II
A. Discrimination
Summary judgment is appropriate where there is no material issue of disputed fact, and the moving party is entitled to judgment as a matter of law. Celotex Corp. v. Catrett,
The Americans with Disabilities Act (ADA) prohibits discrimination “against a qualified individual with a disability because of the disability of such individual in regard to application procedures, the hiring, advancement, or discharge of employees, employment compensation, job training and other terms, conditions and privileges of employment.” 42 U.S.C. § 12112(a).
To recover on a claim of discrimination under the Act, the plaintiff must show (1) that he is a member of a protected class (disabled in fact or regarded as disabled), (2) that he is otherwise qualified to perform the job requirements with or without reasonable accommodation, and (3) that he was discharged “solely by reason of his handicap.” Monette v. Electronic Data Systems,
The parties dispute at great length whether Coulson is disabled, or was regarded by Goodyear as disabled (Coulson himself has never admitted to being disabled), but the magistrate judge did not reach this question. Therefore, an assessment of part (1) of the Monette formulation, above, is improper on appeal. Part (2) is not disputed, since both sides agree that Coulson was capable of doing his job. Instead, this case turns on whether, under part (3), Coulson was discharged solely by reason of his alleged disability, or whether he was discharged for failing to report to
In order to defeat a motion for summary judgment in a retaliation or discrimination case, a plaintiff must support a claim of discrimination by either indirect or direct means. The direct evidence standard essentially requires an admission in some form by the employer that it relied on the disability in making an employment decision. Monette,
An employment action is considered “adverse” under the ADA if it represents “a materially adverse change in the terms of ... employment.” Kocsis v. Multi-Care Management Inc.,
Goodyear asserts that it fired Coulson because Coulson refused to return to work. There is no direct evidence that Goodyear fired Coulson because of his disability. The Hamlin “inability to perform” rule does not apply, since both sides agreed that Coulson could in fact do his job (as he had for 12 years).
The indirect standard therefore applies. Under the burden-shifting approach of McDonnell Douglas Corp. v. Green,
In seeking to avoid this burden, Coulson places great reliance on Reeves v. Sanderson Plumbing Products, Inc.,
*856 [A] plaintiffs prima facie case, combined with sufficient evidence to find that the employer’s asserted justification is false, may permit the trier of fact to conclude that the employer unlawfully discriminated.
Id. at 148. This is no sea-change. The Reeves court merely points out that, in some cases, the Plaintiff can avoid summary judgment by establishing that the stated reason for an adverse employment action was pretextual; the plaintiff need not always separately raise a genuine issue of material fact as to discriminatory intent at the summary judgment phase. Ibid. While it is true that “pretext-plus” is not the law, we reject Coulson’s intimation that Reeves stands for the proposition that a prima facie case is sufficient, alone, to complete plaintiffs production burdens under the indirect evidence burden-shifting scheme. Evidence of pretext is still required.
The Reeves court also maintained the prevailing view that it will not suffice for a non-moving party to raise just a shadow of a doubt or “rely on the hope that the trier of fact will disbelieve the movant’s denial of a disputed fact,” but must rather “present affirmative evidence” on the issue in order to prevail. Street v. J.C. Bradford & Co.,
Coulson has failed to establish the pretextuality of Goodyear’s explanation for his discharge. Coulson points to an e-mail written in September 1994 (seven months before his termination) by Neil Faireloth; the relevant portion of the e-mail reads:
George, per discussion, Dave [Coulson] is a problem and a liability to the lab and Goodyear. I consider his statements about guns and sexual anatomy harassment to other lab associates. I want to discharge [Coulson]; if that is unacceptable, I am going to standard progressive disciplinary steps beginning with confrontation, stop it with consequences, and a written document. It doesn’t matter what mental state he is in, his behavior is unacceptable, and we have been incredibly benevolent.
Coulson argues that the above demonstrates a plan to “set up” and terminate him. Coulson asserts that this, in addition what he terms the intentional failure of Goodyear to accommodate him by transferring him to another department, establishes that Goodyear’s termination based on his refusal to return to work was pretextual.
This argument fails for two reasons. First, the e-mail clearly evinces a desire to fire Coulson. However, that intent, as the magistrate judge pointed out, was to fire him no matter what his mental state. As the magistrate judge noted, the e-mail stated that Faireloth wanted to fire Coulson in spite o/his mental state rather than because of it. Further, Faireloth indicated that he was willing to move forward with progressive discipline, instead of firing Coulson. Coulson was not fired at that time or in response to Faircloth’s e-mail. He was fired seven months later, for failing to return to work.
B. Accommodation
Coulson also claims that he has demonstrated that Goodyear’s articulated reason for discharging him was pretextual by arguing that Goodyear failed to accommodate him by transferring him to another department.
Regardless, when a plaintiff employee claims that he would have been capable of performing his job if he had been accommodated, he has the initial burden of having proposed an accommodation and showing that the accommodation is objectively reasonable. Monette,
Transfer or reassignment of an employee is within the realm of possible reasonable (and therefore required) accommodation. Burns v. Coca-Cola Enters., Inc.,
Since Coulson failed to offer proof that there were currently available positions for which he was qualified, he cannot prevail. See Smith v. Ameritech,
Second, although transfer can be a reasonable accommodation, under these circumstances it would not be. Coulson is seeking to force Goodyear to transfer him so that he will not be required to work with certain people. As the magistrate judge noted, this would be asking the court to “establish the conditions of his employment, most notably with whom he will work.” Gaul v. Lucent Technologies, Inc.,
C. Hostile Work Environment
Coulson also brings a hostile work environment claim, based on alleged workplace harassment. The Sixth Circuit has recognized such claims. Keever v. Middletown,
In the instant case, Coulson alleges that he was subject to name-calling and harassment due to his short stature. Coulson also alleges that he was called “looney toon,” “wacko,” “crazy,” and “Rambo.” This name-calling, alone, is not sufficient to create a hostile work environment. See, e.g., McClain,
D. Retaliation
Coulson also alleges that Goodyear discharged him in retaliation for bringing a lawsuit. The ADA forbids retaliation for any action protected by the ADA. 42 U.S.C. § 12203(a). To succeed on a retaliation claim, a plaintiff must show (1) that he engaged in protected activity, (2) that the defendant was aware of the protected activity, (3) that the plaintiff suffered an adverse employment action and (4) that a causal connection existed between the protected activity and the adverse action. Walborn v. Erie County Care Facility,
A retaliation claim may be established directly, by persuading the court that a discriminatory reason more likely than not caused the adverse employment action, or indirectly, by persuading the court that the employer’s asserted reason for an adverse action is pretextual. Texas Department of Community Affairs v. Burdine,
A pure temporal relationship (A occurred after B) is not enough to establish a causal connection. Cooper v. City of North Olmsted,
Ill
The District Court’s judgment is therefore AFFIRMED.
Notes
. The Sixth Circuit in Swanson v. Univ. of Cincinnati,
. When direct evidence of discharge based on disability is available, we do not employ a burden-shifting approach. Monette,
. Although, to complicate matters, they do not agree that they agree. Coulson claims that Goodyear perceived him as mentally disabled, and fired him because of its perception that his mental disability disqualified him from performing his job. The problem with this argument is that Goodyear simply does not defend its actions by stating that Coulson was unqualified. Rather, it defends by noting that there was a valid, nondiscriminatory reason for discharging Coulson, which was valid regardless of Coulson’s qualifications or actual or perceived disability.
