The opinion of the court was delivered by: Baker, Senior District Judge.
In this case the court must decide whether an employer ordered
psychiatric examination and a related letter are discriminatory
within the meanings of the Americans With Disabilities Act (ADA),
42 U.S.C. § 12101 et seq., and Title VII of the Civil Rights
Act (Title VII), 42 U.S.C. § 2000e et seq. The plaintiff, Earl
Miller, is employed by the defendant, Champaign Community Unit
School District No. 4 (school district) as the head custodian at
Booker T. Washington Elementary School. On November 23, 1993, the
school district placed Miller on a paid leave of absence and
required him to undergo a psychiatric examination. Following the
psychiatric evaluation, he returned to work on January 18, 1994,
and has continued to work as the head custodian at Booker T.
Washington School. Miller's second amended complaint alleges
violations of the ADA and Title VII. The defendant has moved for
summary judgment. The court now grants summary judgment to the
Summary Judgment Standard
Summary judgment "shall be rendered forthwith if the pleadings,
depositions, answers to interrogatories, and admissions on file,
together with affidavits, if any, show that there is no genuine
issue as to any material fact and that the moving party is
entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c);
Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548,
2552, 91 L.Ed.2d 265 (1986); Covalt v. Carey Canada, Inc.,
950 F.2d 481 (7th Cir. 1991). On review, the district court views
"all evidence in the light most favorable to the party opposing
summary judgment." Wilson v. Williams, 997 F.2d 348 (7th Cir.
1993). However, Rule 56(c) "mandates the entry of summary
judgment, after adequate time for discovery and upon motion,
against a party who fails to make a showing sufficient to
establish the existence of an element essential to that party's
case, and on which that party will bear the burden of proof at
trial." Celotex, 477 U.S. at 322, 106 S.Ct. at 2552. "Where the
record taken as a whole could not lead a rational trier of fact
to find for the non-moving
party there is no `genuine' issue for trial." Matsushita Elec.
Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct.
1348, 1356, 89 L.Ed.2d 538 (1986).
These are the uncontested facts of the case. Earl Miller was
hired by the Champaign School District in 1985. In May, 1990, he
was promoted to the position of head custodian at Washington
Elementary School. In August, 1993, Dr. Arnetta Rodgers became
the principal of Washington School and Miller's supervisor.
During the 1993-94 school year, in Miller's perception, a series
of incidents occurred that led him to believe people at the
school were trying to get rid of him; that people were trying to
make him lose his job.
During the fall of 1993, Dr. Rodgers sent Miller a series of
memos regarding his job performance. Summarized, these memos
include: (1) an August 30, 1993 memo about an unlocked door; (2)
an October 18, 1993 memo about Miller's inappropriate assumption
of authority over the building's extermination program; his
failure to clean-up sidewalk graffiti; and the fact that it took
him several days to comply with her directive to put certain
notices on entrance doors to the school; (3) an October 26, 1993
memo regarding the building being left unlocked on October 20;
and (4) a November 2, 1993 memo note regarding Rodgers' concerns
about Miller's job performance. Additionally, from October, 1993,
until November 9, 1993, Dr. Rodgers required Miller to keep a
daily log of his activities. She ended this requirement after
November 9, 1993.
On October 27, 1993 an altercation occurred between Miller and
a teacher, Bobby Hunt. Miller allegedly told Hunt, "the fucking
door was open". Hunt reported the incident to Dr. Rodgers. Around
this same time Miller told Hunt in conversation that people were
trying to get rid of him. Miller met with Dr. Rodgers on November
2, 1993, and told her that someone was leaving the door unlocked.
During the morning of November 18, 1993, Miller asked Dr.
Rodgers to accompany him to the school kitchen. He showed her a
garbage can which had a screw in the bottom. He told her someone
had put the screw in there to cause leakage and to interfere with
Miller's doing his job. Miller told Rodgers he wanted to point
out other things that were going on in the building including
someone unplugging the milk cooler at night. About a half hour
following this discussion, school secretary Nancy Diedrich
reported to Dr. Rodgers that Miller was acting strangely.
Diedrich said that she had offered Miller some candy and that he
had turned and walked away saying, "it's going to get taken care
of; it's going to get taken care of." In his deposition, Miller
explained that the "it's going to get taken care of" language was
in essence his thinking out loud, and that he was referring to
all the pranks going on. Diedrich states that she followed Miller
asking for an apology, but that he ignored her and kept walking.
Later that same morning (November 18, 1993) Dr. Rodgers went to
talk to Miller about cleaning shades. She asked Miller if he had
gotten her memo on the subject. Miller said yes and walked away.
Rodgers believed Miller was angry, upset, and rude. She asked him
if something was wrong. Miller told her that a teacher, Scott
Davis, "had peed on the floor of the boys' bathroom." He had gone
to the building office to report it and the office personnel had
all laughed. Miller led Rodgers to the restroom and showed her a
wet spot on the floor. He said Davis' shoeprint was on the floor.
Miller was agitated. Dr. Rodgers pulled Davis out of his
classroom to discuss the matter. Davis denied urinating on the
bathroom floor. As Davis and Rodgers were talking, Miller came
up. All three went to the boys' bathroom. As they walked, Miller
was agitated and muttering about the Bible, and about God
punishing sinners, and about the devil.
In the early afternoon of that same day (November 18, 1993)
Miller came to the office and told Diedrich he was going to
lunch. Diedrich told Dr. Rodgers that Miller also said something
about placing a booby trap in his office. Miller denies making
the "booby trap" comment.
Dr. Rodgers contacted Joe Tomlinson, the District Director of
Personnel. He told her to document the incidents and that he
would seek further advice on what to do. Dr. Rodgers wrote a memo
to Tomlinson which detailed some of Miller's behavior. Her memo
concluded: "At this point, I am quite concerned about Mr.
Miller's erratic behavior. I also wonder if I can trust him and I
am concerned about my personal safety. I think that his attitude
and behaviors on the job warrant immediate attention." Tomlinson
set up a meeting on November 23 with Miller, Miller's Union
representative, and Rodgers. The purpose of the meeting was to
provide Miller with an opportunity to discuss the events of
Miller arrived at the November 23 meeting approximately 20
minutes late carrying his Bible. He was acting agitated and
suspicious. He was angry because the meeting was held on his
wedding anniversary. When he arrived he repeated several times
that if the meeting had anything to do with discipline he didn't
want any part of it. Tomlinson reviewed Dr. Rodgers' memo and
asked Miller if it was accurate. Miller pointed his finger at
Tomlinson and Rodgers and said that the Bible told him how these
things should be handled, and that they were not being handled
appropriately and that Dr. Rodgers needed to do something about
her staff. The Union representative took Miller aside to talk to
him alone. After the meeting resumed, Tomlinson told Miller he
was on paid leave of absence pending a psychiatric examination
During his paid leave of absence, Miller was evaluated on
December 22, 1993, by Lawrence Jeckel, M.D., a board certified
psychiatrist. Dr. Jeckel reported to the school district that
"Mr. Miller displayed the thinking of someone with a thought
disorder, probably a variant of schizophrenia. I would not give
him the diagnosis of schizophrenia at this time. Instead I would
describe him as having a schizophreniform disorder, a thought
disorder which has been in evidence for six months or less." Dr.
Jeckel offered his opinion that "although Mr. Miller is not
presently dangerous to himself and others, he does have paranoid
psychotic symptoms which can predispose an individual to violent
acting out. One choice would be to re-employ Mr. Miller with
close monitoring of ...