Wurzel v. Whirlpool Corp.

Brian Wurzel (plaintiff) worked for Whirlpool Corporation (defendant) as a material handler driving a forklift. In 2007, Wurzel was diagnosed with Prinzmetal angina, a lifelong condition causing coronary artery spasms, prompting Wurzel to suffer chest tightness, shortness of breath, neck pain, numbness, fatigue, and dizziness. The spasms were not predictable, but Wurzel took nitroglycerin pills to alleviate symptoms once a spasm started. Between November 2007 and March 2009, Wurzel suffered numerous spasms. At least 11 occurred at work, five requiring visits to the factory’s emergency department. Once, a coworker found Wurzel doubled over, close to passing out. Wurzel had multiple appointments with Dr. Robert Marshall, Whirlpool’s plant doctor, and Dr. Mark Issa and Dr. Frederick Stockton, Wurzel’s cardiologists. Marshall initially approved Wurzel to remain in his role. However, as the spasms’ frequency increased, Marshall became concerned. Wurzel’s cardiologists declared him fit to work, but Wurzel never fully disclosed his responsibilities or symptoms. Marshall, being aware of both, deemed Wurzel unfit but approved his transfer to a paint-department role. However, when Wurzel had additional spasms, Marshall grew concerned about his safety because the new role involved working around moving machines, sometimes alone on an upper floor. Marshall asked cardiologist Dr. Haridas Biswas to conduct an independent medical examination. Biswas initially approved Wurzel for work, but again Wurzel had not been forthcoming about his responsibilities and symptoms. When Marshall provided that information, Biswas explained that Wurzel should avoid working near moving machinery and should never do so alone. Whirlpool placed Wurzel on unpaid sick leave until he was spasm-free for six months. Wurzel sued Whirlpool, alleging disability discrimination violating the Americans with Disabilities Act (ADA). The district court granted summary judgment in Whirlpool’s favor, concluding in part that Wurzel posed a direct threat to himself or others. Wurzel appealed.