National Steel Corp. Not Guilty of ADA Violation

Cynthia Green was in a serious car accident in October 1991. As a result of injuries suffered in the accident, Green's strength and mobility was severely limited. She said she no longer could climb, lift anything weighing more than 10 pounds, perform housework, read very much, walk any significant distances, bend, shop, have marital relations, or participate in activities with her children. She also became confused easily, suffered from photophobia and difficulty with her peripheral vision, experienced anxiety or panic attacks and severe headaches, suffered from post-traumatic stress disorder, and at times had difficulty concentrating.

National Steel Corp. had hired Green as a temporary employee from Nov. 12 to Nov. 23, 1990. At the time Green made her application for temporary employment in 1990, she advised National Steel that she was unable to do any heavy lifting and could not walk long distances.

National Steel rehired Green as a temporary worker from Dec. 10 to Dec. 28, 1990, and again from Nov. 12, 1993 through February of 1994. At the time she was rehired in November 1993, Green advised National Steel of the myriad problems from which she suffered as a result of her automobile accident. National Steel rehired Green with full knowledge of her litany of physical and emotional difficulties.

On June 20, 1994, National Steel again rehired Green as a temporary worker. She worked in a temporary capacity until December 1994, at which time National Steel upgraded her employment status to a permanent position as a clerk in the human resources department.

Green worked extensive amounts of overtime as a permanent employee, including 20.5 hours of overtime during the week of Jan. 22 to 29, 1995. On Jan. 31, 1995, Nina Simpson, National Steel's newly hired supervisor in the human resources department, held a staff meeting and advised the employees under her supervision that no one was to work overtime without prior authorization from her. Green was in attendance at that meeting. At the same meeting, Simpson also advised that none of the clerks in the department were to take any company documents home, nor could they remove any documents from the human resources department to another department on the company premises.

Simpson's directive was the result of an incident during which Green had taken home a confidential list of prospective employees after Simpson had specifically told her not to do so.

Simpson assumed the role of Manager of Human Resources on Jan. 23, 1995, becoming Green's direct supervisor as of that date.

Having successfully bid for a position with National Steel's Quality Assurance Department, Green was assigned and assumed her new position on Feb. 6, 1995. In an attempt to finish some projects before leaving human resources, Green worked 29.5 hours of overtime in her final week as a human resources clerk, despite the fact that Simpson had informed the clerks, including Green, of the need to cut back on overtime in the department. According to Simpson, only eight of the hours Green worked were authorized; Green claimed all of the hours were authorized.

On the day Green was to start work in the Quality Assurance Department, Simpson observed Green leaving the human resources office with five computer disks. The disks were later discovered to contain the company's Electronic Repair Technician (ERT) test. The ERT position was classified as one of the highest paid job classifications at National Steel and all applicants had to successfully complete a test to qualify for the position. Green claimed that she had prior authorization to take the ERT test so she could complete it on her home computer. Removing the test, however, violated Simpson's general directive not to take any documents from the HR department.

Following the incident, National Steel instituted an investigation and discovered that computer records regarding Green's employment history with the company had been altered and that Green's physical personnel file had also been tampered with. The changes were of such significance that Green would be entitled to receive additional vacation allowances, would qualify for earlier retirement, and would receive a seniority advantage over 25 other bargaining unit employees. Additionally, a letter dated Dec. 14, 1994 that clarified Green's seniority and service dates for purposes of pension and vacation benefits, was missing from Green's personnel file.

Each day, the human resources department at National Steel prepares a report summarizing all changes made to its computer system during the previous 24-hour period. The so-called "maintenance run" report for December 1994 revealed that on December 1st, 3rd, and 11th, someone had made changes to Green's seniority and service dates. Only four clerks in National Steel's HR department had the authorization identification code necessary to enter such changes into the company's computer system; Green was one of them.

According to National Steel's payroll records, Green had worked on those days in December and that she was the only human resources clerk working on Sunday, Dec. 11. This information, coupled with the fact that Green was the only one who would benefit from these alterations in her personnel records, led National Steel to conclude that Green made the changes to the employment records.

Based on its investigation, on Feb. 21, 1995, National Steel issued a written notice suspending Green for five days with intent to discharge her. The notice cited Green's insubordination for disobeying Simpson's directives, her unauthorized removal of company property, and her alteration of personnel records as the reasons for its decision. National Steel then terminated Green's employment.

Green appealed her suspension and termination through the formal grievance process established by National Steel and its union's collective bargaining agreement. The company denied Green's grievance and the union appealed. During the third step of the grievance procedure, the union and the company determined the grievances lacked sufficient merit to take to arbitration.

Interestingly, at no time during the grievance process did Green assert that she was discharged because of her alleged disability. However, after her grievances were unsuccessful and her union declined to take them to arbitration, Green filed a charge with the Equal Employment Opportunity Commission, alleging that she was terminated because of her disability.

When the EEOC dismissed her case, Green filed a lawsuit in the District Court for the Northern District of Indiana, alleging that National Steel violated the Americans with Disabilities Act by terminating her and failing to accommodate her disability. She also claimed sexual harassment in violation of Title VII.

The district court dismissed her case. Green then appealed to the U.S. Court of Appeals for the 7th Circuit, which upheld the district court's ruling.

Source: Green v. National Steel Steel Corp., 1999 U.S. App Lexis 32280 (7th Circuit) December 10,1999.

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