EEOC v. Texas Bus Lines

• Citation: 923 F. Supp. 965
• Decision Date: 23 April 1996
• Docket Number: Civ. A. No. H-95-3981.
• Parties: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. TEXAS BUS LINES, Defendant.
• Court: U.S. District Court — Southern District of Texas

923 F. Supp. 965

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. TEXAS BUS LINES, Defendant.

Civ. A. No. H-95-3981.

United States District Court, S.D. Texas, Houston Division.

April 23, 1996.

COPYRIGHT MATERIAL OMITTED

Sharona Hoffman, EEOC, Houston, TX, for plaintiff.

James Edwards Byrom, Robinson Felts & Mashburn, Austin, TX, for defendant.

MEMORANDUM AND ORDER GRANTING IN PART, AND DENYING IN PART PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON THE ISSUE OF LIABILITY, AND GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

STACY, United States Magistrate Judge.

Pending before the Court is Plaintiff Equal Employment Opportunity Commission's Motion for Partial Summary Judgment on the Issue of Liability, filed on December 4, 1995 (Document No. 13), and Defendant's Motion for Summary Judgment, filed on February 26, 1996 (Document No. 24). On October 4, 1995, the parties in the above entitled matter consented to proceed to trial before United States Magistrate Judge Frances H. Stacy. Upon such consent, the United States District Judge transferred the case for all proceedings to Judge Stacy. Having considered the motions, the submissions of the parties, and the applicable law, the Court is of the opinion that Plaintiff's Motion for Partial Summary Judgment should be granted in part and denied in part, and Defendant's Motion for Summary Judgment should be granted in part and denied in part for the reasons set forth below.

I. BACKGROUND

On August 3, 1995 the Equal Employment Opportunity Commission ("EEOC") filed suit alleging that Arazella Manuel ("Manuel") was subjected to disability discrimination by Defendant Texas Bus Lines. Manuel applied for employment at Texas Bus Lines on March 2, 1994. The position she applied for required Manuel to drive an eleven passenger van which would transport passengers between Houston hotels and the airports. (Document No. 13, Exhibit 3 at 20, Deposition of Samuel Visage). Subsequently, Manuel was interviewed, her references were checked, and she was given, and successfully passed, a road test in a vehicle identical to the one which she would be driving for Texas Bus Lines. (Document No. 13, Exhibit 3 at 20, Deposition of Samuel Visage). Manuel was then asked by Texas Bus Lines to undergo a physical examination as mandated by the Federal Motor Carrier Safety Regulations ("DOT Regulations"). See 49 C.F.R. Part 391. Among the numerous safety regulations set forth in Title 49 of the Code of Federal Regulations, part 391 requires all driver applicants to pass a physical examination to be conducted by a licensed health care professional meeting the standards of 49 C.F.R. § 391.43, and obtain a Medical Examiner's Certificate which must remain in the possession of the driver at all times. 49 C.F.R. § 391.43. Following her physical examination at the Caroline Clinic, the examining physician, Dr. James N. Frierson, found her to be "disqualified" and refused to issue the Medical Examiner's Certificate required by 49 C.F.R. § 391.41. Dr. Frierson concluded that as a morbidly obese woman,¹ Manuel would not be able to move swiftly in the event of an accident. Because Manuel failed to pass her physical examination and based on Dr. Frierson's finding of disqualification and refusal to issue the Medical Examiner Certificate, Texas Bus Lines did not hire Manuel, claiming she was uninsurable as a bus driver.

II. ARGUMENT OF THE PARTIES

In its Motion for Summary Judgment, the EEOC contends that Texas Bus Lines' refusal to hire Manuel constitutes a violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., since Texas Bus Lines unjustifiably regarded Manuel as disabled. The EEOC maintains that during the course of Dr. Frierson's deposition, he testified that his conclusion about Manuel's mobility was based purely upon his observation that she had difficulty getting out of her seat in the waiting area, and that she "waddled" slowly to the examining room. (Document No. 13 at 4-6). Dr. Frierson admits that he has no specific training regarding the duties of bus drivers, motor vehicle safety, or the dynamics and consequences of various auto accidents. Additionally, Dr. Frierson allegedly acknowledged that morbid obesity is not itself a disqualifying condition for drivers under the DOT regulations. According to the EEOC, Texas Bus Lines withdrew its offer of employment to Manuel because it wrongly relied on Dr. Frierson's unsupportable refusal to issue a Medical Examiners Certificate and regarded her as disabled in violation of the ADA.

The EEOC also contends that, at the time Manuel applied for the bus driver position, Texas Bus Lines included in its employment application impermissible, pre-offer medical inquiries constituting a per se violation of the ADA. (Document No. 13 at 6-7). The form utilized by Texas Bus Lines at the time of Manuel's application² asked for information regarding any injuries the candidate has suffered on the job, any workmen's compensation claims made by the applicant, and the amount of time lost from work by the individual during the past three years due to illness. The EEOC alleges that such inquiries comprise a per se violation of section 102 of the ADA. (Document No. 13 at 19).

In response to the Motion for Partial Summary Judgment, Texas Bus Lines argues that its decision not to hire Manuel was based on her failing the required DOT physical examination. Texas Bus Lines maintains that Dr. Frierson has been conducting DOT physical examinations for driver applicants of motor carriers for over 40 years and, contrary to Plaintiff's assertions, its decision not to hire Manuel was based on Dr. Frierson's disqualification of Manuel and refusal to issue the mandatory Medical Examiner's Certificate required by 49 C.F.R. § 391.41. Additionally, Texas Bus Lines maintains that Manuel is not "disabled" as that term is defined by the ADA. Specifically, with respect to the EEOC's allegation that Texas Bus Lines regarded Manuel as disabled, Texas Bus Lines maintains that it "does not make any judgment about physical disqualifications of any driver applicant.... The only judgment made by Texas Bus Lines was that it could not hire Ms. Manuel, not because she was "disabled," but rather because she was DOT "disqualified," did not obtain the required Medical Examiner's Certificate, and was uninsurable." (Document No. 21 at 19). With respect to the pre-offer medical inquiries contained in the employment application. Texas Bus Lines maintains that "the application form merely requests that the applicant `list any physical defects such as eyesight, hearing, limb impairment, diabetes, back or heart trouble, high blood pressure, fits, convulsions, fainting, etc.'" Requests for such information, according to Texas Bus Lines is expressly addressed by the DOT regulations and therefore, the inclusion of the challenged inquiries in the employment application served a legitimate and nondiscriminatory job-related and business purpose. (Document No. 21 at 6-7).

III. SUMMARY JUDGMENT STANDARD

The United States Supreme Court has held that Rule 56 of the Federal Rules of Civil Procedure 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 an essential element of that party's case, and on which that party will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986).

Rule 56(c) of the Federal Rules of Civil Procedure provides that summary judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law." FED.R.CIV.P. 56(c). This standard provides that the mere existence of some factual dispute will not defeat a motion for summary judgment. See Krim v. BancTexas Group, Inc., 989 F.2d 1435, 1442 (5th Cir.1993); Thomas v. Price, 975 F.2d 231, 235 (5th Cir.1992). Rather, Rule 56 mandates that the fact dispute be genuine and material. Willis v. Roche Biomedical Laboratories, Inc., 61 F.3d 313, 314 (5th Cir.1995). The substantive law determines which facts are material, Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 2509-10, 91 L.Ed.2d 202 (1986), and the Court must view these facts and the inferences to be drawn from them in the light most favorable to the party opposing the motion. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587-88, 106 S.Ct. 1348, 1356-57, 89 L.Ed.2d 538 (1986) (citing United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962)); Kelley v. Price-Macemon, Inc., 992 F.2d 1408, 1413 (5th Cir.1993); Reid v. State Farm Mut. Auto. Ins. Co., 784 F.2d 577, 578 (5th Cir.1986).

The party moving for summary judgment bears the initial burden of showing an absence of evidence to support the non-moving party's case. Celotex Corp. v. Catrett, 477 U.S. 317, 322-27, 106 S.Ct. 2548, 2552-55, 91 L.Ed.2d 265 (1986). Once this burden has been met, the non-moving party can resist the motion for summary judgment by making a positive showing that a genuine dispute of material fact does indeed exist and that it consists of more than bare allegations in briefs and pleadings. Anderson, 477 U.S. at 250, 106 S.Ct. at 2511. The non-movant must go beyond the pleadings and designate specific facts showing that there is a genuine issue of material fact for trial. Celotex, 477 U.S. at 325, 106 S.Ct. at 2553-54. "This burden is not satisfied with some metaphysical doubt as to the material facts, by conclusory allegations, by unsubstantiated assertions, or by only a scintilla of evidence." Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994). Once the parties have submitted evidence...