Sicard v. City of Sioux City

• Citation: 950 F.Supp. 1420
• Decision Date: 27 November 1996
• Docket Number: No. C 94-4005-MWB.,C 94-4005-MWB.
• Parties: Daniel J. SICARD, Plaintiff, v. CITY OF SIOUX CITY and its Civil Service Commission and Fire Department, Defendants.
• Court: U.S. District Court — Northern District of Iowa

950 F.Supp. 1420

Daniel J. SICARD, Plaintiff, v. CITY OF SIOUX CITY and its Civil Service Commission and Fire Department, Defendants.

No. C 94-4005-MWB.

United States District Court, N.D. Iowa, Western Division.

November 27, 1996.

COPYRIGHT MATERIAL OMITTED

William J. Lane of Sioux City, Iowa, for plaintiff Daniel J. Sicard.

Timothy A. Scherle, Assistant Sioux City Attorney, for defendants City of Sioux City and its Civil Service Commission and Fire Department.

                                                 TABLE OF CONTENTS
                I. INTRODUCTION AND PROCEDURAL BACKGROUND ................................... 1423
                II. FINDINGS OF FACT ........................................................ 1423
                III. STANDARDS FOR SUMMARY JUDGMENT ......................................... 1425
                IV. LEGAL ANALYSIS .......................................................... 1427
                    A. "Disability" Under The ADA ........................................... 1428
                        1. "Substantially limits"............................................ 1428
                        2. "Major life activities"........................................... 1428
                    B. "Disability" Under The ADA And Treated Or Untreated Conditions ....... 1430
                        1. The split in authority ........................................... 1431
                        2. Deference to agency regulations .................................. 1433
                        3. The degree of deference to be accorded here ...................... 1435
                    C. Sicard's "Disability" ................................................ 1439
                V. CONCLUSION ............................................................... 1439
                 

MEMORANDUM OPINION AND ORDER REGARDING DEFENDANTS' RENEWED MOTION FOR SUMMARY JUDGMENT

BENNETT, District Judge.

The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., is the newest, and consequently, this court finds, the least interpreted, of the weapons Congress has added to the statutory arsenal in the battle against workplace discrimination. In this case, the court is called upon to interpret the meaning of "disability" under the ADA. The analysis of any ADA claim necessarily begins with the question of whether the plaintiff has such a "disability," but the court must here consider a side of the question that courts have only infrequently confronted. Specifically, the court must decide if the determination of whether an individual has "a physical or mental impairment that substantially limits one or more of the major life activities of such individual"¹ should be made with or without regard to the availability of mitigating measures, such as medicines or assistive or prosthetic devices, for the individual's impairment. The district courts are split on the issue and this court's own circuit court of appeals, like most others, has not addressed the question. However, one circuit court of appeals appears to embrace the determination of "disability" under the ADA without regard to mitigating measures. In the course of interpreting the statute, the court must consider what weight or deference to give certain interpretive regulations promulgated by the Equal Employment Opportunity Commission (EEOC), the body charged by statute with promulgating regulations implementing and interpreting the provisions of the ADA that are applicable to employment situations.²

I. INTRODUCTION AND PROCEDURAL BACKGROUND

Plaintiff Daniel J. Sicard filed his complaint in this matter on January 21, 1994, against defendants City of Sioux City, the Sioux City Civil Service Commission, and the Sioux City Fire Department (collectively "the City"), alleging discrimination on the basis of disability in violation of the ADA, 42 U.S.C. § 12101 et seq. Sicard was an applicant for a position as a firefighter with the City. Sicard alleges that he was denied that position with the City when he failed to meet certain vision requirements, because he suffers from myopia.

The City answered Sicard's complaint on February 10, 1994, asserting as affirmative defenses that Sicard does not qualify as a person with a disability for the purposes of the ADA; that its vision requirements for the position of firefighter were based on bona fide occupational requirements; and that the City offered Sicard a reasonable accommodation for his condition, radial keratotomy surgery, which he rejected. The City subsequently moved for summary judgment and Sicard resisted the motion. On May 19, 1995, the court granted the City's motion for summary judgement.

However, on May 30, 1995, Sicard filed a motion to alter, amend, reconsider or reverse judgment. On July 17, 1995, following a hearing on Sicard's motion, the court granted the motion and ordered that Sicard would have one hundred twenty days in which to complete discovery. The court further ordered that, upon completion of discovery, the City could renew its motion for summary judgment.

On May 17, 1996, the City did indeed renew its motion for summary judgment, once again asserting that Sicard is not "disabled" within the meaning of the ADA. Specifically, the City argues that Sicard's myopia does not substantially limit any major life activity. Sicard filed a timely resistance to the City's motion for summary judgment in which he asserts that there are genuine issues of material fact precluding summary judgment in this case. Sicard contends that there is a genuine issue of material fact as to whether he is disabled within the meaning of the ADA, because there is a genuine issue of fact as to whether his uncorrected vision substantially limits any of his major life activities.

The court held a hearing on the City's renewed motion for summary judgment on October 2, 1996. Sicard was represented at the hearing by counsel William J. Lane of Sioux City, Iowa. The City was represented by Assistant Sioux City Attorney Timothy A. Scherle. At the hearing, the court found that further briefing was warranted on the question of whether the determination of an impairment's impact on an individual's major life activities must be made with or without regard to the availability of mitigating measures. The court therefore ordered the parties to submit supplemental briefs on that question. The parties have filed such supplemental briefs, and the court now deems this matter fully submitted.

II. FINDINGS OF FACT

For the purposes of this summary judgment motion only, the court finds the following facts:

On November 19, 1991, Sicard applied for the position of firefighter with the City. The position of firefighter with the City is a civil service position. The rules governing the examination process were provided to all applicants, including Sicard, and were published in the Sioux City Journal on November 18, 1991. The rules required successful applicants to undergo an eye examination.

Sicard had graduated from the Massachusetts Fire Academy, and was, at the time he applied for the firefighter position with the City, employed as a firefighter with the Westwood Fire Department in Westwood, Massachusetts. Sicard successfully completed both the written and oral examinations for the Sioux City position as well as the physical agility tests and was then placed on the conditional list of certified applicants. The conditional list was effective for the period of January 28, 1992 through January 28, 1994. The conditional list states in bold lettering that "[a]ppointment from this list is contingent upon passing an eye exam, physical exam including back x-ray, and drug and alcohol screening."

On July 14, 1992, Sicard was given a conditional appointment as a firefighter with the Sioux City Fire Department. The job offer was contingent on his successful completion of the medical examination and the drug and alcohol screening. On July 23, 1992, Sicard was informed by letter that his eye and medical examination were to take place on August 4, 1992. On August 4, 1992, Sicard had his eyes examined by Dr. Bruce Bedell, an ophthalmologist. The results of the eye examination indicated that Sicard had uncorrected vision of 20-200 in both eyes. Sicard's corrected vision was 20-20 in the right eye, and 20-20 -2 in the left eye.

The City's visual acuity standards for firefighters in place at the time of Sicard's eye examination were as follows:

STANDARD VISUAL ACUITY. Standard visual acuity without correction, less than 20/40 in one eye, and 20/100 in the other eye; and with correction, less than 20/20 in one eye, and 20/40 in the other eye.

Because Sicard did not meet this standard, Sicard was medically disqualified as a candidate for the position of firefighter with the City. A disqualification statement dated August 8, 1992, and signed by Drs. J.S. Burgechtel and Mark Taylor, stated,

Disqualification on the basis of criteria 7.2B, standard visual acuity. Standard visual acuity without correction less than 20/40 in one eye and 20/100 in the other eye. Poor visual acuity without correction can make the person significantly susceptible to injury in a dangerous situation if corrective apparatus is not available.

On September 24, 1992, after two Sioux City Civil Service Commission meetings at which Sicard's eye examination results were discussed, Sicard was offered the opportunity to remain on the conditional eligibility list. The civil service commission would not take any action on his eye examination result, but would instead allow Sicard the option of undergoing, at his own expense, a radial keratotomy procedure on his eyes in order to bring them up to the visual acuity requirements for the position. The record shows that seven candidates for the position of firefighter or police officer with the City have undergone radial keratotomy or other procedures to improve their visual acuity and to qualify them for positions as a police officer or firefighter since August of 1992. The City's offer indicated that any future eye examination Sicard might take would be based on his vision as corrected by the surgery. Sicard declined the offer through his attorney on...