Hoskins v. Oakland County Sheriff

• Decision Date: 15 June 2000
• Docket Number: No. 99-1491,99-1491
• Citation: 227 F.3d 719
• Parties: (6th Cir. 2000) Susan L. Hoskins, Plaintiff-Appellant, v. Oakland County Sheriff's Department, and The County of Oakland, Defendants-Appellees. Argued:
• Court: U.S. Court of Appeals — Sixth Circuit

Page 719

227 F.3d 719 (6th Cir. 2000)

Susan L. Hoskins, Plaintiff-Appellant, v. Oakland County Sheriff's Department, and The County of Oakland,

Defendants-Appellees.

No. 99-1491

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

Argued: June 15, 2000

Decided and Filed: July 31, 2000

Appeal from the United States District Court for the Eastern District of Michigan at Flint. No. 98-40213--Paul V. Gadola, District Judge. [Copyrighted Material Omitted]

[Copyrighted Material Omitted] Joseph C. Bird, Jeffrey J. Fleury, STARK, REAGAN & FINNERTY, Troy, Michigan, for Appellant.

Rick J. Patterson, POTTER, CARNIAK, ANDERSON & DeAGOSTINO, Auburn Hills, Michigan, for Appellees.

Before: JONES, MOORE, and GILMAN, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Plaintiff-appellant Susan L. Hoskins, who was a deputy with the Oakland County Sheriff's Department, was fired after she suffered an injury that rendered her unable to restrain inmates. She brought suit against the Sheriff's Department and the County of Oakland (hereinafter referred to collectively as "defendants"), asserting claims under both the Americans with Disabilities Act and Title VII. The district court granted summary judgment to the defendants, and for the following reasons we AFFIRM.

I. BACKGROUND

Susan Hoskins worked for the Oakland County Sheriff's Department ("OCSD") from 1979 until her termination in 1997. She began her career as a dispatcher at the Oakland County Jail. In 1982, Hoskins successfully tested for the position of deputy sheriff, level one ("deputy one"). Hoskins's original placement as a deputy one was in the women's division at the Oakland County Jail. In 1987, Hoskins was assigned to Oakland County Circuit Court detention, where her duties included transporting prisoners from the jail to detention. From 1993 until her termination in 1997, Hoskins was assigned to the Novi District Court, a position that also involved the transportation of inmates. Hoskins's positions at both the circuit and district courts involved daily contact with prisoners and the potential for physical confrontation.

On August 25, 1996, Hoskins suffered severe non-work-related injuries when a horse fell on her. Hoskins's primary care physician, Dr. E. Patrick Mitchell, indicated that Hoskins's injuries included a "non-displaced fracture of the inferior and superior pubic ramus on the left and fractured bilateral clavicles." Joint Appendix ("J.A.") at 122 (Mitchell Letter). As a result of these multiple injuries, Hoskins was hospitalized for two and a half weeks and underwent a recuperation period of a year and a half. Hoskins was treated by two different doctors and obtained letters restricting her activity from both. On July 11, 1997, Dr. William Bria, a pulmonary specialist, wrote a letter stating that Hoskins "is able to return to work, however, she should not be lifting or engaging in any activity that would jar her chest, such as shooting a shotgun or getting into a situation in which she could get hit in the chest." J.A. at 121 (Bria Letter). On July 18, Dr. Mitchell attached a disability certificate to Dr. Bria's letter; the certificate indicated that Hoskins was restricted to light work duties that did not impact her anterior chest or shoulders. Dr. Mitchell also wrote a letter on September 29, 1997 that stated:

[Hoskins] has restrictions of no lifting, pushing or pulling over 20 pounds, no use of shotgun and no restraining of inmates. She still experiences pain and decreased range of motion. She has severe limitation of her functional capacity and needs a sedentary position. Her motivation and rehabilitation potential is excellent. Her prognosis is guarded.

I do not believe that Susan will ever be able to resume full duty as a Deputy with Oakland County Sheriff's Department. She will probably need permanent restrictions of certain activities which would be considered duties of a Deputy Sheriff.

J.A. at 122 (Mitchell Letter).

After receiving Dr. Bria's July 11 letter with the attached disability certificate, Hoskins took them to Carol VanLeuven, an employee records specialist for the County. Although Hoskins expressed a desire to return to work, VanLeuven told her that she could not because no light duty positions were available. The County then conducted a pre-termination hearing on November 7, 1997. At the hearing, Major Thomas Quisenberry, the Chief of Staff at OCSD, indicated that Hoskins was being terminated because her work restrictions were incompatible with the duties of a deputy one. Hoskins was asked if she was interested in a job as a dispatcher or a booking clerk -- jobs that did not require inmate contact but that also involved a significant pay cut -- and she replied that she was not interested. Hoskins stated, "Basically I'd rather just be a Deputy." J.A. at 130. After the hearing, the hearing officer issued a decision affirming Hoskins's termination.

On June 16, 1998, Hoskins filed suit in the United States District Court for the Eastern District of Michigan, asserting claims under both the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. On March 26, 1999, the district court granted the defendants' motion for summary judgment. The district court dismissed Hoskins's ADA claim on the basis that she failed to establish that she had a disability within the meaning of the Act. Alternatively, the district court reasoned that Hoskins had not satisfied the second element of her prima facie case because she had not established that she was qualified to perform the essential functions of the job with reasonable accommodation. Hoskins also brought a disparate treatment claim under Title VII, alleging that OCSD had provided male deputies the opportunity to work in light duty deputy positions following disabling injuries. The district court dismissed this claim on the basis that Hoskins had not established a prima facie case of gender discrimination. Hoskins timely appealed the district court's judgment.

II. ANALYSIS

We review de novo a district court's grant of summary judgment. See Ercegovich v. Goodyear Tire & Rubber Co., 154 F.3d 344, 349 (6th Cir. 1998). Summary judgment is proper only when there is no dispute as to a material question of fact and one party is entitled to a judgment as a matter of law. See Fed. R. Civ. P. 56(c). Viewing all facts and inferences drawn therefrom in the light most favorable to the nonmovant, we must determine whether the evidence presented is such that a reasonable jury could find for that party. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986).

A. ADA Claim

The ADA prohibits covered employers from discriminating "against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment." 42 U.S.C. § 12112(a). Under the ADA, discrimination includes "not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity." 42 U.S.C. § 12112(b)(5)(A). A "qualified individual with a disability" is defined as "an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires." 42 U.S.C. § 12111(8).

In the instant case, it is undisputed that Hoskins was fired because of her inability to restrain inmates. "[W]hen an employer admits that it relied upon a disability in making an adverse employment decision, an employee may establish a prima facie case of employment discrimination under the ADA by showing that he or she (1) has a disability, and (2) is 'otherwise qualified' for the position despite the disability either '(a) without accommodation from the employer; (b) with an alleged 'essential' job requirement eliminated; or (c) with a proposed reasonable accommodation.'" Hamlin v. Charter Township of Flint, 165 F.3d 426, 429 (6th Cir. 1999) (quoting Monette v. Electronic Data Sys. Corp., 90 F.3d 1173, 1186 (6th Cir. 1996)). After the employee has made this showing, "[t]he employer will bear the burden of proving that a challenged job criterion is essential, and therefore a business necessity, or that a proposed accommodation will impose an undue hardship upon the employer." Monette, 90 F.3d at 1186.

1.Whether Hoskins is Disabled Within the Meaning of the ADA

The district court determined, based upon Hoskins's own testimony, that she did not establish that she was disabled within the meaning of the ADA. The statute defines "disability" as "(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment." 42 U.S.C. § 12102(2). It is uncontested that Hoskins has a physical impairment, as her condition affects both her musculoskeletal and respiratory systems. See 29 C.F.R. § 1630.2(h)(1) (1999).¹ Additionally, Hoskins's disability affects several of her major life activities, including breathing, moving, performing manual tasks such as doing laundry, and working. See 29 C.F.R. § 1630.2(i) (defining major life activities as "functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working").

The question is whether Hoskins's disability "substantially limits" any of these major life activities. The regulations provide that substantially limits means "(i) Unable to perform a major life activity that...