Polansky v. Southwest Airlines Co.2/13/2002
AFFIRMED
In this workers' compensation retaliation case, we consider whether Southwest Airlines Company's ("Southwest") reason for terminating the employment of Bernice Polansky, Joni Polansky, Darlene Leigh, Olivia Cornyn, and Nora Brandon was non-discriminatory as a matter of law. We also consider whether the actions of Southwest, Ruth Landau, and Ginger Hardage were an invasion of all the appellants' privacy. We conclude that summary judgment in favor of the appellees was proper; therefore, we affirm.
BACKGROUND
The parties
All the appellants are or were Southwest employees working in Southwest's San Antonio Telephone Reservations Center. During their employment, appellants were covered by a collective bargaining agreement between Southwest and the International Association of Machinists and Aerospace Workers. The agreement provides that the maximum amount of time available for leaves of absence is thirty-six months, and this rule applies to medical leaves of absence resulting from occupational injuries as well as leaves due to other reasons. With regard to occupational injuries, the agreement provides: "If the employee has not returned to duty by the end of the thirty-six (36) month period, he shall be severed from employment and have all seniority rights forfeited." With regard to other medical leaves of absence, the agreement provides: "If the employee has not returned to duty by the end of the thirty-six (36) month period, the employee shall be severed from employment and have all seniority rights forfeited."
Appellants, Bernice Polansky, Joni Polansky, Darlene Leigh, Olivia Cornyn, and Nora Brandon contended they sustained accidental bodily injuries because Southwest did not provide them with a safe work place, i.e., they worked in a "sick building." They filed workers' compensation claims, and it was determined they had compensable injuries. While they were on unpaid medical leave, Southwest terminated the Polanskys, Leigh, Cornyn, and Brandon pursuant to the thirty-six month leave policy.
Appellant, Jennifer Wilson, is still employed by Southwest.
Appellees, Ruth Landau was employed as Labor Counsel by Southwest from November 1989 to July 2000, and Ginger Hardage is Southwest's Vice President of Public Relations and Corporate Communications.
Claims and proceedings
In February 1994, attorney Robert Thompson filed an EEOC charge of disability discrimination on behalf of the Polanskys, Leigh, Cornyn, and Brandon, alleging that Southwest failed to make reasonable accommodation for claimed disabilities ranging from neck problems to carpal tunnel syndrome. Appellants sought ergonomic modifications to their work stations.
After Thompson withdrew, appellants retained Randall Jackson, Les Mendelsohn and the law firm of Speiser, Krause, Madole, Mendelsohn & Jackson ("the Speiser firm") to represent them on their EEOC charge. Eventually, the parties reached an agreement that appellants return to work. On December 14, 1994, appellants fired their attorneys. In July 1995, appellants filed a malpractice claim against Jackson and Mendelsohn, individually, and the Speiser firm. The appellants amended their petition to add Southwest, alleging Southwest did not accommodate their work station/repetitive motion disabilities. Eventually, Jackson, Mendelsohn, the Speiser firm, and Southwest were granted summary judgment, which was affirmed by this court. See Cornyn v. Speiser, Krause, Madole, Mendelsohn & Jackson, 966 S.W.2d 645 (Tex. App.-San Antonio 1998, pet. denied).
In 1995, appellants filed another round of EEOC charges against Southwest, alleging that their plac
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