Hamlin v. Charter Tp. of Flint
| Citation | 165 F.3d 426 |
| Decision Date | 08 January 1999 |
| Docket Number | 97-2129,Nos. 97-1026,97-2105,s. 97-1026 |
| Parties | 8 A.D. Cases 1688, 14 NDLR P 96 Robert W. HAMLIN; Jeanne E. Hamlin, Plaintiffs-Appellees, v. CHARTER TOWNSHIP OF FLINT; Charter Township of Flint Fire Department; Sally Shaheen Joseph; Greg Wright, Defendants-Appellants (97-1026). Robert W. Hamlin, Plaintiff-Appellant (97-2105)/Cross-Appellee, Jeanne E. Hamlin, Plaintiff, v. Charter Township Of Flint; Charter Township Of Flint Fire Department; Sally Shaheen Joseph; Greg Wright, Defendants-Appellees/Cross-Appellants (97-2129). |
| Court | United States Courts of Appeals. United States Court of Appeals (6th Circuit) |
Dennis L. Gabrian (argued and briefed), James J. Parks (briefed), Gabrian & Parks, P.C., Bloomfield Hills, MI, for Plaintiffs.
Richard J. Suhrheinrich (argued), Stephen J. Rhodes (briefed), Kevin T. McGraw (briefed), Kristine M. Zayko (briefed), Foster, Swift, Collins & Smith, P.C., Lansing, MI, for Defendants.
Before: NELSON, CLAY, and GILMAN, Circuit Judges.
GILMAN, J., delivered the opinion of the court, in which CLAY, J., joined. NELSON, J. (pp. ---- - ----), delivered a separate opinion concurring in the judgment only.
Robert W. Hamlin and his wife, Jeanne E. Hamlin, filed an action against the Charter Township of Flint, the Flint Fire Department, Fire Chief Greg Wright, and Township Supervisor Sally Shaheen Joseph (collectively "Flint"), alleging that Flint terminated Hamlin from his position as the Assistant Fire Chief in violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101-12213, and the Michigan Handicapper's Civil Rights Act ("MHCRA"), MICH. COMP. LAWS §§ 37.1101-37.1607. For the reasons set forth below, we AFFIRM the jury verdict in Hamlin's favor and the award of prejudgment interest, REVERSE the pension benefits' offset and the 50% attorneys' fee reduction as ordered by the district court, REINSTATE the award of attorneys' fees as determined prior to the 50% reduction, and REMAND the case for the entry of an amended judgment consistent with this opinion.
Hamlin was employed by the Flint Township Fire Department as the Assistant Fire Chief. In September of 1992, Hamlin suffered a heart attack. Following five months of total disability, Hamlin was authorized by his cardiologist to return to work, but was advised to avoid strenuous physical activities such as front-line firefighting. For the next seventeen months, Hamlin performed his duties without complaint from his superiors.
After Hamlin declined offers to fill a vacancy in the Fire Chief position, however, newly appointed Fire Chief Greg Wright ordered Hamlin to perform the duties of a front-line firefighter, which he was unable to do because of his medical disability. On September 19, 1994, approximately three months after Wright's appointment, Flint terminated Hamlin because of his physical inability to engage in the strenuous duties of a firefighter. After his termination, Hamlin applied for and was granted disability pension benefits that he continues to receive.
On October 27, 1995, Hamlin filed suit against Flint, alleging that Flint unlawfully terminated him in violation of the ADA and the MHCRA. Hamlin also asserted other state law claims that were ultimately dismissed either pursuant to an agreement between the parties or as a result of a partial summary judgment in favor of Flint.
At trial, Hamlin contended that Flint unlawfully terminated him on the basis of his inability to fight fires, claiming that front-line firefighting was not an essential part of his duties as the Assistant Fire Chief. Based upon Hamlin's proof that he was otherwise qualified and that Flint had failed to reasonably accommodate his disability, the district court, pursuant to Monette v. Electronic Data Systems Corp., 90 F.3d 1173 (6th Cir.1996), shifted the burden to Flint to prove that the challenged job requirement of being physically capable of fighting fires was an essential function of Hamlin's position.
The jury returned a $500,000 verdict in Hamlin's favor. Based on the verdict form submitted to the jury, the award did not separate damages awarded for the ADA claim from damages awarded for the MHCRA claim, nor distinguish between emotional distress damages and wage-related damages. The jury rejected the loss of consortium claim by Hamlin's wife, which she has not appealed. The district court subsequently granted Hamlin prejudgment interest, costs, and attorneys' fees. Regarding the request for attorneys' fees, the district court first made specific downward adjustments, and then further reduced the award by a flat 50% for the reasons enumerated in its decision.
Flint subsequently filed a motion to offset the jury verdict by the present value of Hamlin's disability pension. This value was determined to be $501,890.65. The district court granted Flint's motion, which had the effect of reducing the $500,000 jury verdict to zero.
Hamlin appeals the district court's complete offset of the jury verdict and its 50% reduction of the attorneys' fee award. Flint cross-appeals the prejudgment interest award in light of the district court's reduction of Hamlin's jury verdict to zero, and alternatively, the jury verdict.
The ADA "prohibits employers from discriminating 'against a qualified individual with a disability because of the disability of such individual in regard to application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.' " Monette, 90 F.3d 1173, 1178 (6th Cir.1996) (quoting 42 U.S.C. § 12112(a)). MHCRA claims "essentially track" federal disability discrimination law. See id. at 1178 n. 3.
In Monette, this court held that when 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." Id. at 1186. If the employee challenges a purported job criterion as not essential and seeks its elimination, the burden then shifts to the employer to establish that the "challenged job criterion is essential, and therefore a business necessity," or that its elimination "will impose an undue hardship upon the employer." Id. In particular, the court stated that "if a disabled individual is challenging a particular job requirement as unessential, the employer will bear the burden of proving that the challenged criterion is necessary." Id. at 1184. Flint seeks a reversal of Monette.
Hamlin presented proof at trial that front-line firefighting is not an essential function of the Assistant Fire Chief position. He pointed out that the key functions of his job were supervisory and administrative in nature, as distinguished from those of a firefighter, which include 24-hour shifts, being the primary responder to emergencies, and engaging in strenuous front-line fire suppression, search, and rescue. In the event that the Assistant Fire Chief is needed at the scene of an emergency, Hamlin contended that his role at the scene would be that of an "Incident Commander," who is the one responsible for getting the right equipment to the scene, supervising front-line firefighters, and assuring that the fire department's response is safe and appropriate under the circumstances.
Hamlin argues that he would have been otherwise qualified to continue working if Flint had eliminated the nonessential firefighting functions from his position. In other words, Hamlin argues that because firefighting is not an essential function of the job, Flint could have reasonably accommodated his disability without undue hardship. Hamlin therefore claims that he presented sufficient evidence at trial to establish his prima facie case, thus shifting the burden to Flint of establishing that firefighting is an essential function of the Assistant Fire Chief position.
Although the district court criticized Monette in great detail, it properly applied Monette to shift the burden from Hamlin to Flint to prove that front-line firefighting was an essential element of Hamlin's job. According to Monette, once the disabled individual contends that a particular job requirement is unessential, the burden shifts to the employer to prove that the challenged requirement is necessary. See Monette, 90 F.3d at 1184. The ADA prohibits an employer from using qualification standards to deny employment "unless the standard ... is shown to be job-related for the position in question and is consistent with business necessity." 42 U.S.C. § 12112(b)(6). Monette states that the "clear import" of 42 U.S.C. § 12112(b)(6) of the ADA "dictates that employers bear the burden of proving that a challenged job requirement is 'job-related.' " Monette, 90 F.3d at 1184. Although an employer may establish minimum physical standards or qualifications for a position, "it will have to show that it actually imposes such requirements on its employees...." 29 C.F.R. § 1630.2(n), App.
Monette is the law of this circuit, and as such this panel is not free to overturn it. See Meeks v. Illinois Cent. Gulf R.R., 738 F.2d 748, 751 (6th Cir.1984) ( ) (citing Timmreck v. United States, 577 F.2d 372, 376 n. 15 (6th Cir.1978), rev'd on other grounds, 441 U.S. 780, 99 S.Ct. 2085, 60 L.Ed.2d 634 (1979)). Furthermore, we find that Monette correctly interprets the ADA to require the employer to establish that the...
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