Knighten v. Marubeni America Inc

Filing 22

ORDER granting 17 Defendant's Motion for Summary Judgment; Plaintiff's claims are DISMISSED with prejudice; signed by Judge Ronald B. Leighton.(DN)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CHARLES A. KNIGHTEN,
Plaintiff,

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CASE No. 3:14-CV-05860-RBL
v.
ORDER GRANTING
DEFENDANT’S MOTION FOR
SUMMARY JUDGMENT

MARUBENI AMERICA, INC., d/b/a/
GAVILON GRAIN, LLC, d/b/a KALAMA
EXPORT, LLC.
Defendants.

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THIS MATTER is before the court on Defendant Marubeni America’s Motion for

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Summary Judgment [Dkt. #17]. Plaintiff Charles Knighten is a long time Marubeni employee.

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He claims that in 2006 he was diagnosed with Post-Traumatic Stress Disorder caused by a past

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military sexual trauma. Knighten currently works as a locomotive switchman at Marubeni’s

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Kalama Export facility. In 2008, Knighten filed an employment discrimination suit against the

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facility’s previous owners, which was settled and dismissed with prejudice by this Court in

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2009. Knighten voluntarily moved from the maintenance department to the production

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department in 2011. In 2012, Knighten claims that, for discriminatory and retaliatory reasons,

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Kalama denied him two overtime opportunities.

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Knighten sued, asserting claims under the Americans with Disabilities Act and the

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Washington Law Against Discrimination, for disability discrimination, failure to accommodate

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a disability, hostile work environment, and retaliation. Kalama seeks summary judgment,

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claiming Knighten cannot establish any of the required elements of his claims. Kalama argues

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that even if Knighten could establish a prima facie case, Knighten’s claims nonetheless fail

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because Kalama established legitimate non-discriminatory reasons for its actions and there is

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no evidence that these reasons are pretextual.

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I.

FACTS

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Knighten began working for Kalama’s maintenance department in 1983. [Dkt #18

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Exhibit B at 8]. He has periodically requested and received medical leave for PTSD treatment.

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[Dkt #1 Exhibit A at 3]. Knighten has a long, documented history of conflict with his

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maintenance supervisors and coworkers; he has received two suspensions and five warnings or

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complaints. In 1987, Knighten received a written warning for incomplete work and a

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confrontation with his lead. [Dkt #20 Exhibit 2]. In 2007, a coworker complained that Knighten

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was sleeping during work hours. [Dkt #18 Exhibit B, at 92–93].

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Due to personal disagreements with his maintenance supervisor, Gary Carlson, and his

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coworker Mark Lydic, Knighten chose to avoid both individuals and admittedly continues to

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turn his back to them while in the same room. [Id. at 40–41]. Knighten once yelled an obscenity

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at Lydic in response to Lydic placing his hand on Knighten’s shoulder in apology. [Id. at 23].

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At some point Knighten witnessed Lydic placing his head on Carlson’s shoulder and saying,

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“oh, Gary” in a joking manner while recounting a recent fishing expedition. [Dkt #18 Exhibit B

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at 62–64]. Knighten claims the sight of two male friends displaying affection in the workplace

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likely aggravated his PTSD. [Id. at 69–71].

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In May, 2011 Knighten requested a promotion to lead in the maintenance department.

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Kalama denied his request because due to Knighten’s poor relationships with management and

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coworkers in the department. [Dkt #20 at 3]. Kalama instead promoted Lydic to lead. Knighten

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argues that because he had seniority over Lydic at that time, he was entitled to the promotion.

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He also claims Lydic’s promotion violated Kalama’s policy prohibiting family members from

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supervising each other because Lydic’s son-in-law became his supervisor. [Dkt #18 at 66].

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That same month, Knighten voluntarily transferred from the maintenance department to

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a less physically demanding position in the production department, where he continues to work

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today. [Dkt #20 at 3]. Lydic asked him to remove his belongings from his former maintenance

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locker because the maintenance employees needed the space. [Dkt #17 at 18]. Knighten

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contends there was ample space because Kalama recently expanded the maintenance storage.

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[Dkt #20 at 4].

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Knighten was a senior employee in the maintenance department but he lost his seniority

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status when he transferred to the production department. Under the 2009 union agreement, an

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employee who transfers between maintenance and production restarts seniority in the new

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department on his or her transfer date. [Dkt #18 Exhibit H].

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In 2012 Kalama denied Knighten’s overtime bid for the production department and

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instead gave the overtime to a more senior employee. [Dkt #18 Exhibit D]. In response,

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Knighten filed a union grievance claiming that he was the most senior in the department. [Id.].

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Two days later, plant supervisor Steve Oakes responded to Knighten’s complaint in writing,

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explaining that Knighten was no longer a senior employee after his transfer to the production

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department. [Dkt #18 Exhibit E]. Oakes apologized for the delay in posting the updated

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seniority list and the grievance was dismissed. [Id.].

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In 2012, Kalama denied Knighten’s overtime bid for a job back in the maintenance

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department. [Dkt #18 Exhibit F]. Knighten again filed a union grievance, alleging he was a

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senior qualified employee improperly denied overtime. [Id.]. Oakes responded in writing within

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a week, explaining Knighten was no longer eligible to work in maintenance, due to his poor

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relationships in the department. [Dkt #18 Exhibit G]. Nonetheless, Kalama paid Knighten for

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the overtime he did not work and the grievance was dismissed. [Dkt #18 Exhibit B at 50].

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Knighten challenges not only his overtime rejection but also Oakes’ resulting determination

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that he is no longer eligible to work in maintenance.

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In 2013, Lydic complained to management about Knighten calling him a “squirrel”

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behind his back. [Id. at 21]. Knighten did not deny the accusation but rather explained that “if

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[Lydic]’s not there, then no harm, no foul towards him personally.” [Id. at 43:7–8]. During the

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same year, Knighten claims Lydic asked him if he was ‘hitting on him’. [Id. at 67]. Knighten

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contends he has since felt uncomfortable alone with Lydic and will leave the room whenever

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Lydic comes in. [Id. at 37].

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Knighten sued in 2014. Knighten asserted four causes of action against Kalama under

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the ADA and WALD: (1) Kalama discriminated against him by denying his overtime and

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promotion requests because of his PTSD, (2) Kalama failed to accommodate his PTSD by

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denying his request to work in the maintenance department, (3) Kalama created a hostile work

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environment by asking Knighten to remove his personal property, subjecting him to harassment

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and a public display of affection, and allowing relatives to supervise each other, and (4)

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Kalama retaliated against Knighten for his previous lawsuit by denying his overtime and

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promotion requests. [Dkt #1 Exhibit A at 10–12]. Knighten seeks compensatory damages and

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special damages relating to lost wages and benefits, lost future earnings, emotional distress,

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humiliation, and loss of enjoyment of life. [Id. at 12].

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Kalama seeks summary judgment on Knighten’s ADA and WLAD claims for three

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reasons: (1) Knighten failed to prove he was disabled within the meaning of the ADA or

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WLAD, (2) Knighten’s claims are unrelated to his purported disability, and (3) Kalama denied

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Knighten’s promotion and overtime requests because Knighten is unqualified due to his lower

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seniority status and his inability to work with maintenance supervisors and coworkers. Kalama

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also argues Knighten received every accommodation he requested and he failed to prove that

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Kalama’s reasons for its adverse actions are a pretext for discrimination.

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II.
A.

DISCUSSION
Summary Judgment Standard

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Summary judgment is appropriate when, viewing the facts in the light most favorable to

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the nonmoving party, there is no genuine issue of material fact which would preclude summary

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judgment as a matter of law. Once the moving party has satisfied its burden, it is entitled to

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summary judgment if the non-moving party fails to present, by affidavits, depositions, answers

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to interrogatories, or admissions on file, “specific facts showing that there is a genuine issue for

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trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986). “The mere existence of a scintilla of

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evidence in support of the non-moving party’s position is not sufficient.” Triton Energy Corp.

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v. Square D Co., 68 F.3d 1216, 1221 (9th Cir. 1995). Factual disputes whose resolution would

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not affect the outcome of the suit are irrelevant to the consideration of a motion for summary

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judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). In other words,

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“summary judgment should be granted where the nonmoving party fails to offer evidence from

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which a reasonable [fact finder] could return a [decision] in its favor.” Triton Energy, 68 F.3d

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at 1220.

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B.

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Knighten asserts he is a senior employee qualified to work overtime in the production

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and maintenance departments. He also argues that because he had seniority over Lydic at the

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time he requested a promotion in the maintenance department, he was entitled to the position.

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Knighten claims Kalama discriminated against him for his PTSD by denying the promotion and

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Disability Discrimination Claim

the overtime requests.

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Kalama seeks summary judgment, arguing Knighten did not suffer from a condition

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substantially limiting a major life activity, as required under the ADA and WLAD. Kalama also

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argues Knighten was not qualified for a promotion or overtime in the maintenance department

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because he refuses to work with coworkers and management in that department. Furthermore

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he is not qualified for overtime in the production department because he is not the most senior

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employee since his transfer.

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Knighten disagrees with the ADA’s definition of disability. He admits he refused to

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engage with the maintenance lead, Lydic and supervisor, Carlson. He argues he is a qualified

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employee and Kalama’s denial was not based on his seniority status because the updated

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seniority list was not posted at the time.

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To establish a prima facie case of disability discrimination, Knighten must show (1) he is

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disabled within the meaning of the ADA; (2) he is qualified to perform the essential functions

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of the job, with or without reasonable accommodation; and (3) he suffered an adverse

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employment action due to his disability. See Daniel v. Boeing Co., 764 F.Supp 1233, 1241

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(W.D. Wash. 2011) citing Sanders v. Arneson Prods. Inc., 91 F.3d 1351, 1353 (9th Cir. 1996).

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The ADA defines disability as “a physical or mental impairment that substantially limits

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one or more major life activities.” 42 U.S.C. § 12102(1)(A). A major life activity includes

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functions such as caring for oneself, performing manual tasks, walking, seeing, hearing,

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breathing, learning, and working. 29 C.F.R. § 1630.2 (i); see also Coons v. Sec’y of the United

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States Dep’t of the Treasury, 383 F.3d 879, 885 (9th Cir. 2004). To substantially limit a major

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life activity, an individual must be significantly restricted “as compared to the condition,

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manner or duration under which the average person” can perform the same activity. Coons, 383

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F.3d at 885.

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Knighten has not presented direct evidence of discrimination, so he must raise a triable

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issue of fact that Kalama’s actions were motivated by discrimination. See Pac. Shores Props.,

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LLC v. City of Newport Beach, 730 F.3d 1142, 1158 (9th Cir. 2013). If he establishes a prima

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facie case of discrimination, the burden shifts to Kalama to show a legitimate,

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nondiscriminatory reason for the adverse action. See McDonnell Douglass Corp. v. Green 411

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U.S. 792, 802–03 (1973); see also Raytheon Co. v. Hernandez, 540 U.S. 44, 49–50 (2003). If

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Kalama offers a nondiscriminatory reason, Knighten must then demonstrate the reason is

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pretextual. See McDonnell Douglass, 411 U.S. at 804. Washington courts follow the

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McDonnell Douglass burden-shifting framework for WLAD discrimination claims. Dumont v.

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City of Seattle, 200 P.3d 764, 862 (Wash. Ct. App. 2009).

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Knighten’s disability discrimination claim is entirely devoid of substance. There is no

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evidence that Knighten’s alleged PTSD substantially limits a major life activity. Knighten’s

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PTSD does not cause his work conflicts; rather he admits he dislikes Lydic and Carlson on a

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personal level. Even if Knighten were disabled within the meaning of the ADA, he is not a

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qualified employee. He is not the most senior in the production department because his

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seniority ended on his transfer date. The fact that the updated seniority list was not yet posted is

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irrelevant since the 2009 union agreement clearly stated the company’s policy regarding

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transfers. Knighten is not qualified to work in maintenance because he admittedly refuses to

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interact with department management. Furthermore, and in any event, there is literally no

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evidence supporting an inference that Kalama denied Knighten’s overtime requests because of

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his PTSD. Instead, Kalama offered legitimate, logical, demonstrably true, nondiscriminatory

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reasons for its denials. Knighten has not and cannot establish that those reasons were

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pretextual. Kalama properly denied Knighten the promotion and the overtime because of his

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poor relationships in the department.

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Knighten cannot meet his burden of establishing the prima facie elements of his

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employment discrimination claim. Even if Knighten could prove his claim, he nonetheless

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failed to show that Kalama’s legitimate business reasons are pretextual. Kalama’s Motion for

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Summary Judgment is GRANTED and Knighten’s disability discrimination claim is

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DISMISSED with prejudice.

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C.

Failure to Accommodate Claim

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In 2012, Knighten requested overtime in the maintenance department after he voluntarily

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transferred to the production department. Kalama denied Knighten’s request and informed him

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he was no longer eligible to work in maintenance due to his poor relationships with

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management and coworkers. Knighten argues Kalama failed to accommodate his disability by

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denying him the opportunity to work in the maintenance department.

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Kalama seeks summary judgment arguing Knighten received every reasonable

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accommodation relating to his PTSD. Kalama also emphasizes that Knighten voluntarily left

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maintenance and his personality conflicts were the reason for management’s decision not to

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allow him back in the department.

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Knighten admits Kalama granted his every request for leave for PTSD treatments. He

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also acknowledges his poor working relationships in maintenance. He nonetheless argues

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Kalama improperly denied him the accommodation of working in the maintenance department.

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To establish a prima facie case of accommodation Knighten must show he is (1) disabled

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within the meaning of the ADA, (2) a qualified individual, able to perform the essential

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functions of the job with reasonable accommodation, and (3) suffered an adverse action

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because of his PTSD. See Samper v. Providence St. Vincent Medical Center, 675 F.3d 1233,

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1237 (9th Cir. 2012) citing Allen v. Pacific Bell, 348 F.3d 1113, 1114 (9th Cir. 2003); see also

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42 U.S.C § 12112(a), (b)(d)(A). The court engages in a two part test to determine if an

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individual is qualified; first examining whether a person “satisfies the requisite skill,

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experience, education and other job-related requirements of the position” and second

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determining “whether the individual can perform the essential functions… with or without a

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reasonable accommodation.” Samper 675 F.3d at 1237, citing Bates v. United Parcel Service

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Inc., 511 F.3d 974, 990 (9th Cir. 2007).

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Washington courts generally look to federal case law to interpret WLAD. Kumar v. Gate

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Gormet Inc., 325 P.3d 193, 197 (Wash. 2014). Under WLAD, an employee is similarly

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qualified if he or she is able to perform essential job functions with or without reasonable

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accommodation. Davis v. Microsoft Corp., 37 P.3d 333, 336 (Wash. Ct. App. 2002).

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There is no evidence Kalama denied Knighten any reasonable accommodation relating

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to his PTSD. Kalama granted all of Knighten’s requested accommodations for extended

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medical leave. When Knighten returned to work, Kalama gave him the exact same position, at

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his same rate of pay, with the same working hours.

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Knighten argues the accommodation he requests is to work in the maintenance

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department. Knighten’s PTSD does not require him to work in maintenance. He voluntarily

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transferred out of the maintenance department. Knighten is not a qualified employee. He cannot

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perform the essential function of interacting with coworkers and supervisors in a non-disruptive

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and non-abusive fashion. Furthermore, as discussed above, Knighten is not disabled within the

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meaning of the ADA.

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Knighten cannot establish that Kalama denied him any accommodation for his PTSD.

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Kalama’s management properly determined that Knighten was not eligible to work in

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maintenance for legitimate nondiscriminatory reasons. Kalama’s Motion for Summary

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Judgment is GRANTED and Knighten’s accommodation claim is DISMISSED with prejudice.

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D.

Hostile Work Environment Claim

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Knighten claims Kalama created a hostile work environment by harassing him in the

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following four ways: (1) Lydic asked Knighten to remove his belongings from the maintenance

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locker after he transferred out of the department, (2) Knighten witnesses a public display of

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affection between Lydic and Carlson, (3) Lydic once accused Knighten of ‘hitting on him,’ and

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(4) Kalama allowed Lydic to violate company policy by working under the supervision of his

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son-in-law.

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Kalama seeks summary judgment on this claim because Knighten failed to provide

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evidence from which a reasonable trier of fact could find that he was harassed or that the

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purported harassment related to his PTSD. Kalama claims there is no evidence Lydic and

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Carlson’s interaction was directed at Knighten, or that it had anything whatsoever to do with

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his PTSD. There is similarly no evidence that Lydic’s accusing Knighten of “hitting on him”

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was related to his PTSD. Furthermore, Kalama argues Lydic asked Knighten to remove his

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belongings from maintenance because he no longer worked in that department and the space

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was reserved for people who worked there. Finally, Kalama asserts no finder of fact could

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conclude that Lydic working under a relative’s supervision somehow targeted Knighten’s

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PTSD.

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Knighten contends that the maintenance employees had ample storage space, so it was

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unnecessary for him to remove his belongings. He also argues that Lydic willfully aggravated

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his PTSD with his comment and his interaction with Carlson.

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To prevail on his hostile work environment claim Knighten must prove (1) he is disabled

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within the meaning of the ADA, (2) the harassment is unwelcome, (3) it was because of his

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disability, (4) it affected the terms or conditions of his employment, and, (5) it was imputable to

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Kalama. See Robel v. Roundup Corp., 59 P.3d 611, 616 (Wash. 2002). There must a “nexus

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between the specific harassing conduct and the particular injury or disability.” Id. at 617.

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Knighten must also prove the harassment was “severe or pervasive enough to create an

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objectively hostile or abusive work environment.” Harris v. Forklift Systems, Inc., 510 U.S. 17,

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Knighten’s hostile work environment claim cannot survive under this standard. First, he

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is not disabled under the ADA. Second, there is no evidence of harassment, at all, much less

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any directed at or motivated by his PTSD. None of the conduct Knighten complains about was

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severe or pervasive enough to create an objectively abusive or hostile work environment.

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Neither, the employment of relatives, or Lydic’s interaction with Carlson have anything at all to

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do with Knighten, much less his PTSD. A reasonable person would not perceive a request to

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clean out a locker after leaving a job as hostile or abusive conduct. Likewise, there is no

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evidence that Lydic’s one-time comment to Knighten was abusive or hostile under the

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circumstances. Third, there is no nexus between the purported harassment and Knighten’s

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PTSD. Knighten claims Lydic’s actions aggravated his PTSD but he fails to explain how a

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coworker’s question or a friendly interaction between two other people has any connection to

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his past sexual trauma. Knighten fails to even argue that the locker incident or the employment

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of relatives is at all related to his PTSD. Fourth, Knighten fails to assert that any incident

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affected the terms and conditions of his employment.

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Knighten’s bare claim that he was harassed, and that the harassment related to his PTSD

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or to the terms and conditions of his employment is unsupportable as a matter of law. Kalama’s

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Motion for Summary Judgment on this claim is GRANTED and it is DISMISSED with

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prejudice.

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E.

Retaliation Claim

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Knighten claims he engaged in a protected activity when he filed a prior discrimination

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lawsuit against Kalama in 2008. He argues that he suffered an adverse employment action

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when Kalama denied his overtime and promotion requests in 2011 and 2012. Knighten claims

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that Kalama denied these requests in retaliation for his previous lawsuit.

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Kalama does not deny that Knighten’s lawsuit was a protected activity, or that Knighten

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suffered an adverse employment action. Kalama nonetheless seeks summary judgement

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arguing that there is no causal link between the protected activity and the adverse action.

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Kalama claims that even if Knighten can establish a prima facie case he nonetheless failed to

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show that Kalama’s non-discriminatory reasons for the denials are pretextual.

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To establish a prima facie case of retaliation, Knighten must show (1) he engaged in a

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protected activity, (2) he suffered an adverse employment action, and (3) there was a causal

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link between the two. See Pardi v. Kaiser Found. Hosp., 389 F.3d 840, 849 (9th Cir. 2004)

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citing Brown v. City of Tucson, 336 F.3d 1181, 1186–87 (9th Cir. 2003). If Knighten proves the

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prima facie elements and Kalama offers a legitimate reason for the adverse action, then the

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burden shifts back to Knighten to show that the reason is pretextual. Id.

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Knighten cannot establish the required causal link between the adverse employment

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action (2011 and 2012) and the protected activity (2008). Knighten’s prior claims against

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Kalama’s predecessor were settled and dismissed three years prior to his overtime and

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promotion denials. The claim that Kalama waited three years to deny him a promotion, and a

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fourth year to deny him two days of overtime in retaliation for his previous suit. Second, as

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discussed above, Kalama alleged a legitimate non-discriminatory reason for the denials and

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there is no evidence that the reason was merely pretextual.

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Knighten has not met and cannot meet his burden of establishing that Kalama denied his

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promotion and overtime requests in retaliation for his prior lawsuit. Kalama’s Motion for

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Summary Judgment in Knighten’s retaliation claim is GRANTED and that claim is

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DISMISSED with prejudice.
CONCLUSION

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Kalama Export’s Motion for Summary Judgment on all claims [Dkt. #17] is

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GRANTED, and Knighten’s claims against Kalama Exports are DISMISSED with prejudice.

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IT IS SO ORDERED.

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DATED this 30th day of January 2017.

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A

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Ronald B. Leighton
United States District Judge

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