United States District Court, S.D. Indiana, Indianapolis Division
ORDER DENYING MEDXCEL’S MOTION FOR SUMMARY
PATRICK HANLON UNITED STATES DISTRICT JUDGE
Davis was the Facilities Supervisor at St. Vincent’s
Women’s Hospital. After his employment was transferred
from St. Vincent’s to MedXcel Facilities Management,
Mr. Davis was reclassified from an hourly, non-exempt
employee to a salaried, exempt employee, put on a performance
development plan, and terminated several months later. Mr.
Davis alleges that he was improperly denied overtime wages as
a result of the reclassification and that MedXcel terminated
his employment because of his age and disability. Because the
designated evidence shows that there are triable issues of
material fact, MedXcel’s motion for summary judgment is
DENIED. Dkt. .
MedXcel has moved for summary judgment under Rule 56(a), the
Court views and recites the evidence “in the light most
favorable to the non-moving party and draw[s] all reasonable
inferences in that party’s favor.” Zerante v.
DeLuca, 555 F.3d 582, 584 (7th Cir. 2009) (citation
Employment Background and Job Duties
Vincent Women’s Hospital hired Mr. Davis as a
Facilities Mechanic in 2006 and promoted him to Facilities
Supervisor in 2013. Dkt. 35-2 at 5 (Davis Dep.
18:1–17). Mr. Davis was the only Facilities Supervisor
at the Women’s Hospital. Id. at 8
Davis was diagnosed with congestive heart failure in 2008; he
experienced a heart attack and had open heart surgery.
Id. at 71 (158:11–15). Between 2007 and 2016,
Mr. Davis had five stents and a pacemaker placed.
Id. at 73 (160:1–14). His most recent stent
surgery was in June 2016. Id. (160:21–24).
2008, Mr. Davis was placed on a 25-pound lifting restriction,
related to his heart condition. Id.
(160:16–17). MedXcel honored his lifting restriction.
Dkt. 35-5 at 9 (Callis Decl. ¶ 35); dkt. 36-19 at
41–42 (Gordon Dep. 41:21– 42:1); dkt. 36-7 at 46
(Davis Dep. 169:3–9).
2015, the Women’s Hospital outsourced facilities
maintenance to MedXcel so Mr. Davis became an employee of
MedXcel. Dkt. 35-1 (Waller Decl. ¶ 4); dkt. 36-7 at 10
(Davis Dep. 18:21–25). Mr. Davis retained his position
as Facilities Supervisor and continued to be paid as an
hourly, non-exempt employee. Dkt. 35-2 at 5 (Davis Dep.
18:18–25); id. at 35 (80:22–81:1).
time Mr. Davis’ employment transferred to MedXcel, two
facilities technicians reported to him. Id. at 16
(32:13–21). Mr. Davis’ duties and
responsibilities included approving paid time off and
purchase order requests, overseeing vendors and contractors,
id. at 26 (59:4–11), and participating in
interviews and some termination decisions, id. at
November 4, 2015, MedXcel reclassified Mr. Davis from an
hourly, non-exempt employee, to a salaried, exempt employee.
Id. at 39 (85:16–18); dkt. 35-1 at 2–3
(Waller Decl. ¶ 6). From the date of the
reclassification until Mr. Davis’ termination in July
2016, MedXcel did not pay Mr. Davis any overtime wages. Dkt.
36-7 at 61 (Davis Dep. 241:8–10).
Disciplinary Warnings and the March 2016 Performance
December 2015, Mr. Davis received a written disciplinary
notice for discourtesy or verbal abuse of guests and other
associates because he used the word “crap” in an
email to another associate. Dkt. 35-2 at 116–19 (Davis
Dep., Ex. 5). The Notice also listed two other incidents,
including a water main break where Mr. Davis failed to timely
communicate with his supervisor, and the shutdown of an
operating air handling unit, where Mr. Davis failed to
properly investigate. Id. at 48–50
March 30, 2016, Eric Waller, District Regional Director,
noticed mismatched ceiling tiles in the Women’s
Hospital and told Mr. Davis that he should be fired.
Id. at 52–53 (106:18–107:4). That same
day, Mr. Davis was placed on a performance development plan
(“PDP”). Id. at 43–44
(93:21–94:2); 121–23 (Ex. 6). The PDP outlined
various performance issues, including: (1) escalating issues
appropriately; (2) challenges with staff management; (3)
communication with staff, peers, and customers; and (4)
management of work orders and record keeping. Id. at
121–23 (Ex. 6).
Davis completed part of the first PDP, and Zach Matthews, a
Human Resources Representative, told him that he was doing an
excellent job. Id. at 56 (110:7–9).
Kenneth Gordon becomes Mr. Davis’ manager
2016, Kenneth Gordon became Mr. Davis’s manager. Dkt.
36-7 at 27 (Davis Dep. 130:9–11); id. at 30
(136:4–6). Mr. Gordon regularly greeted Mr. Davis as
“O’ Paul Davis.” Id. at 63
Mr. Gordon’s management, Mr. Davis was responsible for
completing work orders and ensuring preventative maintenance
orders were completed. Dkt. 36-19 at 10 (Gordon Dep.
46:3–8). Mr. Gordon required Mr. Davis to complete
daily rounding of the 300, 000 square foot building while
younger employees were only required to complete daily
rounding of a 65, 000 square foot building. Dkt. 35-2 at
63–64 (Davis Dep. 133:13–134:9). When Mr. Davis
objected to completing the daily rounding, Mr. Gordon stated
that he did not need pushback and that he had younger people
over at another facility that could do the job. Id.
at 64 (134:7–9). One time, when Mr. Davis gave Mr.
Gordon paperwork showing that he completed daily rounds for
one week, Mr. Gordon threw it in the trashcan. Dkt. 36-7 at
32–33 (Davis Dep. 138:18– 139:4).
June 2016, Mr. Gordon asked Mr. Davis whether he would be
retiring soon. Dkt. 35-2 at 78 (Davis Dep. 172:10–21).
Mr. Davis responded that he would retire when he was
sixty-six, four years in the future, and Mr. Gordon did not
reply. Id. at 78–79 (172:23–173:4).
Mr. Davis’ Decision to Remain as Facilities
22, 2016, Mr. Davis met with Mr. Gordon and Mitchell Breeze,
Mr. Gordon’s supervisor, to discuss changing roles and
stepping down as Facilities Supervisor. Id. at 81
(176:11–178:5). Mr. Breeze informed Mr. Davis that he
would have to come up with different options for other roles.
Dkt. 36-7 at 48–49 (Davis Dep. 177:23–178:1).
Daniel Lovelace, another employee, told Mr. Davis that Mr.
Gordon wanted Mr. Davis to step down as supervisor.
Id. at 49 (178:3–12). Shortly after the
meeting, Mr. Davis told Mr. Gordon that he did not want to
step down and that he wanted to keep his role as Facilities
Supervisor. Id. (178:13–16). A day or two
later, Mr. Gordon told Mr. Davis that he spoke with Mr.
Breeze and that Mr. Davis “screwed up all the
plans.” Id. (178:17–21).
Mr. Gordon’s evaluation of his staff
June 23, 2016, Mr. Gordon emailed Mr. Breeze a memorandum
outlining the strengths and weaknesses of his staff and
listed “health concerns and restrictions” as one
of Mr. Davis’ weaknesses. Dkt. 35-4 at 39–41. Mr.
Davis was the only employee that had “health concerns
and restrictions” listed as a weakness. See
Mr. Davis’ Second Professional Development Plan, Annual
Review, and Final Warning
July 7, 2016, Mr. Gordon met with Mr. Davis and told him that
he wanted Mr. Davis to stay with MedXcel until he was in his