Wayne Distributing Co. v. Rhode Island Com'n for Human Rights

• Decision Date: 05 April 1996
• Docket Number: No. 93-713-M,93-713-M
• Citation: 673 A.2d 457
• Parties: 8 NDLR P 15 WAYNE DISTRIBUTING CO. v. RHODE ISLAND COMMISSION FOR HUMAN RIGHTS et al. P.
• Court: Rhode Island Supreme Court

Page 457

673 A.2d 457

8 NDLR P 15

WAYNE DISTRIBUTING CO. v. RHODE ISLAND COMMISSION FOR HUMAN RIGHTS et al.

No. 93-713-M.P.

Supreme Court of Rhode Island.

April 5, 1996.

James J. McGair, Providence, for Plaintiff.

Cynthia M. Hiatt, Providence and Ernest J. Pratt, Pawtucket, for Defendant.

OPINION

MURRAY, Justice.

This case came before us on the petition for certiorari of the plaintiff, Wayne Distributing Co. (Wayne). The Superior Court upheld the decision of the Rhode Island Commission for Human Rights (the commission), which found that defendant, Dennis W. Santos (Santos), had a handicap as defined in G.L.1956 § 28-5-6(7), as amended by P.L.1988, ch. 310, § 1, and that Santos's employment with Wayne was terminated because of his handicap in violation of § 28-5-7, as amended by P.L.1988, ch. 310, § 2. We quash the Superior Court's decision.

The facts of this case are as follows. From June of 1987 to September of 1988, defendant worked for Providence-Newport Distributing as a salesperson and a merchandiser. In the fall of 1988, defendant was hired as a merchandiser with Wayne, a beverage distributor; defendant would initially be a probationary employee placed on a ninety-day trial period. As a merchandiser, defendant was responsible for setting up promotional displays at several retail beverage establishments. The defendant was therefore required to travel each day to preassigned locations.

On November 4, 1988, defendant decided to enter a residential substance-abuse treatment facility, Good Hope Center, for treatment of his alcohol and drug dependency. That same day defendant informed plaintiff's director of marketing that he would be entering the Good Hope Center. The defendant entered the center on November 5, 1988. On November 7, 1988, plaintiff sent defendant a registered letter stating that his services would no longer be required. The letter did not give a reason for defendant's termination. On November 20, 1988, defendant was discharged from the center.

On January 24, 1989, defendant filed a complaint against plaintiff with the commission, alleging that plaintiff had discriminated against him in that his termination was based on his physical and mental handicaps in violation of § 28-5-7. The commission investigated the charge on January 25, 1990, and issued a notice of hearing and complaint on January 30, 1990. A hearing was subsequently held before the commission on May 3, 1990, and August 20, 1990.

At the hearing before the commission, plaintiff gave several reasons for its decision to terminate defendant. Charles St. George (St.George), defendant's supervisor, testified that he had received complaints from plaintiff's clients that defendant did not complete his work. St. George also testified that Santos had missed several full days of work and several half days for unexplained "personal reasons" in approximately one month's time. Relying upon these developments, St. George concluded that Santos was either unable or unwilling to perform his job adequately; therefore, he recommended that defendant be terminated. However, defendant was never warned, in speech or in writing, and was never disciplined by his supervisors for poor work performance during his employment.

On June 27, 1991, the commission issued a decision and order which found that plaintiff had discriminated against defendant because of his physical and mental handicaps with respect to his termination. The commission first found that St. George was not a credible witness. It then found that defendant was a recovering alcoholic and a drug-dependent person in treatment when he was discharged. On the basis of the "differing testimony on the reasons for [defendant's] termination, exaggeration of the complaints about [defendant's] work, evidence on [defendant's] absences which is patently unbelievable and the timing of [defendant's] termination," the commission concluded that defendant had been terminated because of his handicap. The commission ordered plaintiff to compensate defendant for his lost wages and benefits, with interest, and authorized a fee to defendant's attorney.

The commission's decision was thereafter affirmed by the Superior Court. The plaintiff then filed a petition for writ of certiorari to review the decision of the Superior Court. On June 3, 1994, this court granted the petition for writ of certiorari.

In reviewing an administrative agency's decision, the Superior Court shall not "substitute its judgment for that of the agency as to the weight of the evidence on questions of fact." G.L.1956 § 42-35-15(g). See also Newport Shipyard, Inc. v. Rhode Island Commission for Human Rights, 484 A.2d 893, 896 (R.I.1984). On certiorari to this court the scope of our review is limited to a review of the record as a whole to determine whether any competent evidence supported the lower court's decision or whether the lower court made any errors of law in that decision. Rhode Island Department of Mental Health, Retardation, and Hospitals v. Doe, 533 A.2d 536, 539 (R.I.1987); Almstead v. Department of Employment Security, Board of Review, 478 A.2d 980, 982-83 (R.I.1984).

Upon review plaintiff raises a number of issues. We deem but one to be meritorious of consideration. That one issue asserts that alcoholism or drug abuse should not be considered a handicap or a disability as defined in § 28-5-6(7). The defendant, on the other hand, maintains that the Legislature, in creating the Rhode Island's Fair Employment Practices Act, G.L.1956 chapter 5 of title 28, "provided broad sweeping language defining what type of condition qualified for protection." The defendant further argues that because the statute does not specifically enumerate conditions which constitute a handicap, alcoholism must then be included as a protected condition under the act. The commission has also filed a brief in support of defendant's position. In its brief the commission relies on federal law which provides that a recovering alcoholic and a person in a rehabilitation program for drug dependency can claim protection under the Americans with Disabilities Act, 42 U.S.C. §§ 12101 through 12213. Upon review of the Rhode Island's Fair Employment Practices Act, chapter 5 of title 28, we are not persuaded by defendant's and the commission's arguments.

In construing a statute, we have stated that "our task is to establish and effectuate the intent of the Legislature." Rhode Island State Labor Relations Board v. Valley Falls Fire District, 505 A.2d 1170, 1171 (R.I.1986) (citing Howard Union of Teachers v. State, 478 A.2d 563 (R.I.1984)). We determine such intent from an examination of "the language, nature and object of the statute." D'Ambra v. North Providence School Committee, 601 A.2d 1370, 1374 (R.I.1992) (quoting Lake v. State, 507 A.2d 1349, 1351 (R.I.1986)). "When the language of a statute is unambiguous and expresses a clear and sensible meaning, there is no room for statutory construction or extension, and we must give the words of the statute their plain and obvious meaning. * * * Such meaning is presumed to be the one intended by the Legislature, and the statute must be applied literally." In re Advisory Opinion to the Governor, 504 A.2d 456, 459 (R.I.1986). However, "in construing the statute, we must adopt a construction that does not effect an absurd result." D'Ambra, 601 A.2d at 1374.

Here the statute before us does not require a search for the discernment of legislative intent. It is our considered opinion that there is no ambiguity in the statute. We find without merit those arguments urged by the federal cases cited in the commission's brief. Where there is no ambiguity, we are not privileged to legislate, by inclusion, words which are not found in the statute.

The statute is clear in that it does not include alcoholism or drug dependency as a handicap. The Fair Employment Practices Act § 28-5-7 provides that "[i]t shall be an unlawful employment practice: (1) For any employer: (A) To refuse to hire any applicant for employment because of his [or her] * * * handicap." Section 28-5-6(7) defines "handicap" as

"any physical or mental impairment which substantially limits one or more major life activities, a record of such an impairment or is regarded as having such an impairment by any person, employer, labor organization or employment agency subject to this chapter. As used in this subdivision, the phrase:

(A) 'Physical or mental impairment' means any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive; genito-urinary; hemo and...