Judges: Sykes
Filed: Jun. 27, 2016
Latest Update: Mar. 02, 2020
Summary: In the United States Court of Appeals For the Seventh Circuit _ No. 15-2913 JAMES BAPTIST, Plaintiff-Appellant, v. FORD MOTOR COMPANY, Defendant-Appellee. _ Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 13 C 8974 — Virginia M. Kendall, Judge. _ ARGUED APRIL 26, 2016 — DECIDED JUNE 27, 2016 _ Before KANNE, SYKES, and HAMILTON, Circuit Judges. SYKES, Circuit Judge. James Baptist, a former forklift oper- ator at Ford Motor Company, sued Fo
Summary: In the United States Court of Appeals For the Seventh Circuit _ No. 15-2913 JAMES BAPTIST, Plaintiff-Appellant, v. FORD MOTOR COMPANY, Defendant-Appellee. _ Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 13 C 8974 — Virginia M. Kendall, Judge. _ ARGUED APRIL 26, 2016 — DECIDED JUNE 27, 2016 _ Before KANNE, SYKES, and HAMILTON, Circuit Judges. SYKES, Circuit Judge. James Baptist, a former forklift oper- ator at Ford Motor Company, sued For..
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In the
United States Court of Appeals
For the Seventh Circuit
____________________
No. 15‐2913
JAMES BAPTIST,
Plaintiff‐Appellant,
v.
FORD MOTOR COMPANY,
Defendant‐Appellee.
____________________
Appeal from the United States District Court for the
Northern District of Illinois, Eastern Division.
No. 13 C 8974 — Virginia M. Kendall, Judge.
____________________
ARGUED APRIL 26, 2016 — DECIDED JUNE 27, 2016
____________________
Before KANNE, SYKES, and HAMILTON, Circuit Judges.
SYKES, Circuit Judge. James Baptist, a former forklift oper‐
ator at Ford Motor Company, sued Ford after he was fired—
in his view—in retaliation for exercising his workers’ com‐
pensation rights. The district court granted Ford’s motion for
summary judgment. Baptist contends that summary judg‐
ment should not have been granted because the district court
drew improper inferences. Because there is a genuine issue
of material fact about Ford’s motivation for his discharge,
2 No. 15‐2913
we vacate the grant of summary judgment and remand for
further proceedings.
I. Background
Unless otherwise noted, the following facts are undisput‐
ed and presented in the light most favorable to Baptist, the
party opposing summary judgment. See Arroyo v. Volvo Grp.
N. Am., LLC, 805 F.3d 278, 281 (7th Cir. 2015); Hooper v.
Proctor Health Care Inc., 804 F.3d 846, 849 (7th Cir. 2015).
Baptist began working at Ford’s assembly plant in Chi‐
cago in February 2012. He operated a forklift that moved
products from trucks to storage. In April, less than three
months into the job, Baptist inadvertently drove a forklift
into a pillar and jammed his left hand on the steering wheel,
injuring his left wrist. He visited Ford’s medical department
and submitted an injury report.
Baptist’s injury report triggered Ford’s workers’ compen‐
sation review, and his claim for treatment coverage was
investigated by benefits administrator Jessica Nawracaj.
Nawracaj was employed by Bartech, a company that pro‐
vides Ford with workers’ compensation benefits administra‐
tion services. Nawracaj and Ford’s physician, Dr. Patricia
Lewis, doubted Baptist’s account of his injury; they emailed
each other that Baptist did not report the incident properly
and that he refused to release medical records from a prior
workers’ compensation case he brought against another
employer involving an injury to his other wrist. Nawracaj
and Dr. Lewis also discussed forwarding the information
from their investigation to the labor relations department, a
subset of Ford’s human resources department.
No. 15‐2913 3
Ford’s workers’ compensation fund paid for Baptist’s ini‐
tial visit to a doctor—Dr. William Heller, an orthopedic
surgeon—who ordered an MRI, diagnosed Baptist with a
ligament tear in his left wrist, and issued Baptist a wrist
brace. Ford denied further coverage. Baptist disagreed with
the denial and pushed Ford to cover more treatment. The
parties are now litigating Baptist’s workers’ compensation
claim before the Illinois Workers’ Compensation Commis‐
sion.
Baptist worked for the next two months until June 24,
when he left work early to seek additional medical attention
because the pain in his wrist had worsened and he did not
think he could continue working with it. Baptist again saw
Dr. Heller, who diagnosed him with a complete ligament
tear in his left wrist and recommended surgery. Dr. Heller
submitted a form to Ford opining that Baptist was not able
to perform the essential function of his job, though he added
that Baptist was neither totally disabled nor “[t]otally unable
to perform his/her job.” Because Dr. Heller did not specify
when Baptist could return to work, Ford sought additional
information. Dr. Heller submitted another form in which he
recommended that Baptist be off work for four to six weeks
after surgery but cleared him to return to work as of July 2
so long as he did not lift or grip over five pounds with his
left hand.
Dr. Lewis testified that she reviewed these forms, and
based on her knowledge of the job requirements and the
injury, she determined that the restriction did not affect any
activity necessary to operate a forklift, removed the note of
the restriction from Baptist’s file, and cleared him to work.
Baptist, however, believed that his injury and medical
4 No. 15‐2913
restriction prevented him from operating the forklift and
refused to resume his work; he asked for another position.
He did not work his forklift job for the next several days,
and on July 23 Ford suspended him for one month.
When Baptist returned from his suspension on Au‐
gust 24, he met with Dr. Lewis and Ford’s labor representa‐
tive, Quandra Speights. Baptist was told that the only avail‐
able work was as a forklift driver, and he was instructed to
return to that position. In his deposition Baptist testified that
he was told by Speights that he would be fired unless he
agreed to state that his injury did not happen at work, in
which case he would be given an approved leave of absence.
Speights denied this assertion. Baptist told Dr. Lewis and
Speights that he could not perform the forklift job and feared
that it would exacerbate his injury. After Baptist did not
return to his position on August 24, 25, or 26, he was dis‐
charged by Speights for having three consecutive absences
without justification, a dischargeable offense under Ford’s
Collective Bargaining Agreement.
In November 2013 Baptist sued Ford in Illinois state
court, asserting that Ford discharged him in retaliation for
exercising his rights under the Illinois Workers’ Compensa‐
tion Act, in violation of 820 Ill. Comp. Stat. 305/4(h). Ford
removed the case to federal district court based on diversity
of citizenship. Ford moved for summary judgment, arguing
that Baptist had been discharged because of his absences
without justification. Baptist responded both that he was
discharged because of Ford’s hostility to his workers’ com‐
pensation claim and that a fact question existed over wheth‐
er he physically could return to work. To support his asser‐
tion that there was a medical dispute over his ability to
No. 15‐2913 5
work, Baptist submitted an affidavit from Dr. Heller in
which he stated that the restrictions on the lifting and grip‐
ping would prevent Baptist from driving a forklift, and that
“no full duty return to work date could even be entertained
until it was first determined how he was progressing from
the surgery.”
The district court granted Ford’s motion for summary
judgment. The judge found that no reasonable jury could
find that Baptist’s discharge was causally related to, or
primarily in retaliation for, Baptist’s exercise of his rights
under the Workers’ Compensation Act. The judge accepted
Ford’s contention that it had a valid, nonpretextual basis for
discharging Baptist: Ford had discharged him for “a
straightforward application of [its] three‐day quit rule.” The
judge pointed out that Baptist had not responded to the last
six paragraphs of Ford’s statement of undisputed material
facts, so she was treating these facts as admitted, including
the statement that “Speights did not rely on anything other
than Baptist’s attendance records in making the decision to
terminate his employment.”
II. Analysis
On appeal Baptist challenges the district court’s conclu‐
sion that he did not provide a factual foundation to support
a common‐law cause of action for retaliatory discharge
under Illinois law. To prevail on such a claim, Baptist must,
among other things, “affirmatively show that the discharge
was primarily in retaliation for [his] exercise of a protected
right.” Gordon v. FedEx Freight, Inc., 674 F.3d 769, 774
(7th Cir. 2012) (internal quotation marks and citation omit‐
ted); see Dixon Distrib. Co. v. Hanover Ins. Co., 612 N.E.2d 846,
852 (Ill. App. Ct. 1993). Baptist argues a reasonable jury
6 No. 15‐2913
could infer from facts in the record that Dr. Lewis’s hostility
to his request for workers’ compensation to cover his treat‐
ment motivated her to clear him for work without regard to
his medical condition. According to Baptist, the district
judge should have recognized that the conflicting opinions
of Dr. Heller (Baptist’s private orthopedist) and Dr. Lewis
(Ford’s doctor) over his ability to operate a forklift preclude
summary judgment because a fact question exists over the
cause of his discharge. Speight’s attempt to coerce Baptist
into abandoning his workers’ compensation claim, Baptist
adds, is further evidence that precludes summary judgment.
Summary judgment was improper here because there is
conflicting evidence about Ford’s primary reason for dis‐
charging Baptist. Although he was fired because of his
attendance record, his absenteeism is factually bound up
with the disagreement about whether he was physically able
to drive a forklift. Speights, the decision‐maker who fired
Baptist for absenteeism, relied on Dr. Lewis’s conclusion that
Baptist could drive a forklift. But it is undisputed that
Dr. Heller advised Ford that Baptist needed surgery fol‐
lowed by four to six weeks off work, though he could return
to work so long as he did not lift or grip more than five
pounds with his left hand. Even if Dr. Lewis believed that
these restrictions did not affect Baptist’s ability to operate a
forklift, her email exchanges with Nawracaj allow an infer‐
ence that she was hostile to Baptist’s exercise of his workers’
compensation rights.
A triable issue also exists regarding whether Baptist was
put to the impracticable choice between keeping his job or
giving up a key argument for workers’ compensation cover‐
age (regarding the nature and extent of his injury). “The
No. 15‐2913 7
cause of action for retaliatory discharge deters employers
from presenting their employees with the untenable choice
of retaining their jobs or pursuing compensation for their
injuries through workers’ compensation proceedings.”
Brooks v. Pactiv Corp., 729 F.3d 758, 767 (7th Cir. 2013); see
Siekierka v. United Steel Deck, Inc., 868 N.E.2d 374, 381–82 (Ill.
App. Ct. 2007) (“This is the kind of choice prohibited under
Kelsay and if United Steel’s intent was to create this dilem‐
ma, its motive was retaliatory.”). While Dr. Lewis testified
that she cleared Baptist to work because the restrictions did
not impact his job, viewing the facts in a light most favorable
to Baptist, as we must, the circumstances surrounding his
discharge plausibly suggest that his pursuit of the workers’
compensation claim motivated Dr. Lewis to clear Baptist to
operate a forklift and undercut his position for workers’
compensation coverage. In other words, a reasonable jury
could infer that the motive behind Dr. Lewis’s decision to
clear Baptist to work was to pressure him to compromise or
forgo the exercise of his workers’ compensation rights.
A dispute also exists over whether Speights told Baptist
that he could save his job if he recharacterized his injury as
personal, only to be fired after he refused. While Ford denies
that Speights made such a statement (and argues that it is
immaterial), Baptist says that she did, thus calling into
question whether Ford’s reason for discharging Baptist was
pretextual. See Brooks, 729 F.3d at 767–68; Siekierka,
868 N.E.2d at 381–82. If a jury believed Baptist’s testimony,
Ford’s post‐hoc assertion that Speights lacked the authority
to remove Baptist’s absences and save his job does not make
her alleged coercion immaterial. This assertion requires
weighing the credibility of Baptist’s and Speights’s testimo‐
ny about whether these statements were made and cannot be
8 No. 15‐2913
rejected at summary judgment. See Darchak v. City of Chi. Bd.
of Educ., 580 F.3d 622, 631–33 (7th Cir. 2009).
Accordingly, the district court’s grant of summary judg‐
ment is VACATED, and the case is REMANDED for further
proceedings consistent with this opinion.