Riselay v. Secretary of Health and Human Services
| Decision Date | 02 April 1991 |
| Docket Number | No. 90-1779,90-1779 |
| Citation | 929 F.2d 701 |
| Parties | Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit. Daniel C. RISELAY, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
On Appeal from the United States District Court for the Eastern District of Michigan, No. 87-40203; Newblatt.
Before BOYCE F. MARTIN, JR., and MILBURN, Circuit Judges, and ENGEL, Senior Circuit Judge.
Plaintiff-appellant Daniel C. Riselay appeals the judgment of the district court dismissing his religious discrimination action brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq. For the reasons that follow, we affirm.
Daniel C. Riselay was employed as a claims representative by the United States Department of Health and Human Services, Social Security Administration, for approximately fifteen years, and he worked in the Saginaw, Michigan district office from 1975 until his termination on July 10, 1985. The events leading to his termination are as follows.
Peter Ross, assistant district manager for the Saginaw office, testified that in late 1984 and early 1985, the Saginaw office experienced a problem with its employees' use of sick leave. Daniel Riselay was one of ten employees who was counseled regarding the use of sick leave. Although Riselay had been receiving 13 days of sick leave per year for approximately 15 years of employment, in February 1985, he had only 48 hours of sick leave as his balance. In a memorandum dated February 11, 1985, John Holmes, operations supervisor, informed Riselay that his use of sick leave was above average, and that some type of documentation may be required to support future sick leave usage.
Riselay was absent from work on April 25, part of April 26, and April 29-30, 1985. 1 Riselay testified that during this time he was suffering from severe internal pain in the area of his stomach and intestines. Riselay, an adherent of the Christian Science religion, attempted to treat the problem through prayer and study. When the pain did not subside, Riselay sought assistance from Francis X. Hayes, a Christian Science Practitioner who had treated him on previous occasions. Riselay testified that Christian Scientists do not ordinarily seek treatment from a medical physician, and according to Riselay, obtaining a medical diagnosis and receiving medical treatment is unacceptable in the Christian Science church. However, Riselay admitted that he had been treated by physicians on two occasions when he was unable to alleviate his pain with prayer and study.
On April 29, 1985, Riselay was placed on leave restrictions due to his use of sick leave. Under the leave restrictions, Riselay would be granted sick leave only when his absence was supported by a medical certificate, which was required to be submitted within two workdays after his return to duty.
On May 2, 1985, Riselay submitted two application for leave forms (Government Form SF-71). The first form requested sick leave for April 25, 1985, through 9:00 a.m. April 26, 1985. Riselay checked the box on the form indicating that he was undergoing medical, dental, or optical examination or treatment. Riselay wrote on the form that he was under professional care from April 25, 1985, through April 30, 1985, and the form was signed by Francis X. Hayes, C.S. 2 The second form requested sick leave from 10:30 a.m. on April 26, 1985, until April 30, 1985, and it was identical to the first form in all other respects.
On May 3, 1985, Riselay telephoned his supervisor, Peter Ross, and requested thirty days advance sick leave. Ross informed Riselay that his request would not be approved because he was on leave restrictions, and the union contract did not permit advance sick leave for employees on leave restrictions. Riselay testified that stress at work exacerbated his internal pain, and he requested extended leave to obtain Christian Science treatment. Riselay stopped going to work after Ross denied his request for advance leave.
On May 7, 1985, Ross sent a letter to Riselay regarding his leave status. Ross informed Riselay that the certificates submitted for his absences on April 25-30, 1985, and May 2-3, 1985, were not sufficient, and he needed to provide additional information before sick leave could be approved for those days. Ross stated in the letter that Riselay was to provide a medical certificate showing a diagnosis and how the condition prevented him from working. Ross further stated that if Riselay failed to provide the additional information by May 15, 1985, he would be placed on absence without leave. The May 7, 1985, letter also advised Riselay that because he had not reported to work since May 3, 1985, he must submit an acceptable request for leave by May 9, 1985, or he would be considered absent without leave.
Riselay responded by letter dated May 9, 1985, in which he accused Ross of refusing to honor his leave certificates simply because he had exercised his right to Christian Science treatment. Riselay explained that obtaining a medical diagnosis and treatment were incompatible with Christian Science treatment and practice. Therefore, he stated that he could not comply with the medical certificate requirements without being denied his right to Christian Science treatment.
In the letter, Riselay also asserted that the leave forms which he had already provided for his absences on April 25-30, 1985, and May 2-3, 1985, were sufficient and were all that he would provide. Riselay noted that the SF-71 form provided for signature by a physician or a practitioner. Riselay concluded his letter by stating that he would consider returning to work if he were transferred to work under another supervisor, the leave restrictions and performance improvement plan were withdrawn, and if he were left alone to do his work. Along with the letter, Riselay submitted an SF-71 form requesting official excused leave with pay from May 6, 1985, and continuing.
By letter dated May 10, 1985, Ross denied Riselay's request for official excused leave with pay and placed him on AWOL status until he submitted an appropriate request for either annual leave or leave without pay in lieu of sick leave. Ross explained that in order to have the leave approved, Riselay would have to submit "an acceptable third party statement" of the condition that prevents him from working. Ross warned that continuation of AWOL status could lead to disciplinary action up to and including removal.
On May 16, 1985, Ross sent another letter to Riselay informing him that he had been placed on AWOL status for the dates April 25-30, 1985, and May 2-3, 1985, because he failed to provide acceptable documentation for sick leave on those dates as requested by the May 7, 1985, letter. Ross again warned Riselay that AWOL status could lead to disciplinary action up to and including removal.
Riselay did not respond to the letters of May 10, 1985, and May 16, 1985, and he remained absent from work. By letter dated June 4, 1985, John Holmes notified Riselay that he proposed removing him from his position due to his continued unauthorized absence from work for over four weeks. Holmes referred to Ross' letters of May 7, 10, and 16, 1985, which instructed Riselay to submit a properly completed request for leave and medical justification for his absences, and Holmes noted that Riselay had not complied with these requests. Holmes informed Riselay that he could reply to the proposed removal, and that he would remain on active status during the notice period of the proposal.
By letter dated June 19, 1985, addressed to William T. Clynes, District Director of the Saginaw office, Riselay responded to Holmes' notice of proposed removal. Riselay complained of the manner in which he was being treated, claiming that it was discriminatory, illegal, and retaliatory. Riselay asserted that he was under the professional care of a Christian Science practitioner, and that his condition required that he not return to work until basic and humane work restrictions, including an immediate transfer to another supervisor, were accepted by the social security office management. Riselay stated in his letter that he would have been able to return to work on April 26, 1985, if his request for restrictions had been honored. Riselay asserted that he had provided properly completed leave forms signed by his treating practitioner which verified that he was under professional care and that it was not advisable for him to return to work. Riselay maintained that he was being discriminated against because of his Christian Science beliefs.
By letter dated July 8, 1985, Ross informed Riselay that he would be terminated from employment effective July 10, 1985. In his letter, Ross referred to the previous correspondence directing Riselay to submit properly completed leave forms and justification for his absences. Ross noted that Riselay responded by alleging that refusal to accept the certification from the Christian Science practitioner constituted religious discrimination and harassment. However, Ross explained that the request for additional information regarding the certification of the Christian Science practitioner was in compliance with the collective bargaining agreement and agency regulations. Ross stated: J.A. at 406.
After filing charges with the Equal Employment Opportunity Commission (EEOC) and receiving a notice of...
To continue reading
Request your trial
-
Morrissette-Brown v. Mobile Infirmary Medical
...Williams v. Southern Union Gas Co., 529 F.2d 483, 488-89 (10th Cir.1976)); accord Riselay v. Secretary of Health and Human Services, 929 F.2d 701, 1991 WL 44319, *5 (Table) (6th Cir.1991) ("the district court's determination on the issue of accommodation must be accepted unless it is clearl......
- LABORERS'PENSION TRUST FUND v. Lange
-
TRUSTEES OF MICHIGAN v. Van Sullen Const., Inc.
... ... ' DISTRICT COUNCIL PENSION FUND, Michigan Laborers' Health Care Fund, Michigan Laborers' Vacation Fund, and Michigan ... , in accordance with regulations prescribed by the Secretary, maintain records with respect to each of his employees ... ...