Americans with disability Act

TYPE OF ACTION: A civil suit against an employer for failing to provide reasonable accommodations for known disabilities to the employees despite the employer’s ability to do so without undue hardship. The police department sought to prove that the plaintiff was not a "qualified individual" within the context of the Americans with Disability Act

FACTS OF THE CASE

William A. Holbrook, the plaintiff, was a detective employed by the City of Alpharetta Police Department at the time the occurrences giving rise to the action happened. In November, 1987, the plaintiff sustained injuries following an accident. He suffered some complications as a result of the accident. In addition, he was also diabetic. The two conditions caused a retinal detachment in both eyes. Subsequently, an eye surgery that was performed by Holbrook restored partial vision to his left eye. However, His right eye remained without visual function. All through, Holbrook continued to receive a full salary and benefits from the police department despite his inability to work for approximately ten months following the accident.

Prior to the accident, Holbrook worked as a narcotics detective. However, he was not capable of driving a car after his return to work and was assigned some detective work that could be primarily handled within the office. Occasionally, he also accompanied his colleagues to crime scenes to conduct investigations and also remained on standby for evening duty.

During this period, Larry Abernathy was the Chief of Police of the Alpharetta Police Department was. In September, 1991, Abernathy was replaced by E.L. Waters in this capacity. The new Chief of Police began to modify Holbrook's duties as a detective. Holbrook duties were limited to duties that could entirely be performed primarily within the office setting and also no longer maintained "on call" status. During both Abernathy and Water's tenures as police chief, the plaintiff had applied for promotions to supervisory-level status.

These initial requests were rejected on the basis that there were no for supervisor positions. Waters, however, eventually hired Sergeant Mulvihill as the in charge of the criminal investigation division in which Holbrook worked. The position had not been advertised. Holbrook's case assignments were reduced, but wages, job title, and benefits remained the same. This forced him in effect to terminate his employment with the City of Alpharetta police department.

These occurrences prompted Holbrook to file an ante litem claim for damages against Alpharetta, pursuant to O.C.G.A. Section(s) 36-33-5 for discriminatory conduct. The plaintiff filed the instant lawsuit in federal court On January 30, 1992, alleging violations of Title II of the ADA Act of 1990, the Georgia Equal Employment for the Handicapped Act and Rehabilitation Act Section 504.

CONTENTIONS OF THE PARTIES:

The plaintiff contended that the Police Department discriminated against him owing to his disability by repeatedly declining to assign him the full duties of a police detective and treat him as it was mandated by the statute. Additionally, Holbrook maintained that the result of the actions amounted to constructive discharge. This had forced him in effect to terminate his employment with the City of Alpharetta police department. The City of Alpharetta responded that the plaintiff was not "qualify" within the context of the Americans with Disability Act for the reason that he was unable to perform fundamental functions of his job with or without reasonable accommodations.

On the inability to perform essential duties of a detective, Holbrook urges that the types of field work that he could not perform involved crimes that rarely occurred in the city of Alpharetta. The plaintiff noted that formerly, the police department took measures to accommodate him and that these measures were not arguably unduly burdensome to the department. Therefore, Reasonable accommodations could have been made to aid his effective performance of essential duties. He contended that the department could have easily accommodated him with a "minor shuffling of case assignments" as it had done in the past for several years. Holbrook argued that he was therefore qualified for the position of police detective since he could perform essential elements of his job provided the necessary accommodation to his disability.

ISSUE:

Does a person "qualify" within the context of the Americans with Disability Act for the reason that he is unable to perform fundamental functions of his job with or without reasonable accommodations?

DECISION:

Yes. The district court of Alpharetta granted judgment in favor of Holbrook's cause of action under the Rehabilitation Act. and Title I of the ADA and with a new section 1983 and state law claims. The district court thereafter granted a judgment in favor of Holbrook with respect to all remaining claims.

REASONING:

The district court found a failure on the City of Alpharetta could not reasonably offer the necessary accommodation Holbrook under Rehabilitation Act and Title I of the ADA. Holbrook was a qualified individual with a disability individual who, with or without reasonable accommodation, would perform the fundamental duties of the employment position.
Holbrook did not dispute that was unable to drive an automobile and collect certain kinds of evidence at a crime scene as functions of a police detective. However, he argued, that neither of these functions was essential to his job. Further, he urged that he nonetheless could perform the necessary tasks given the police departments reasonable accommodation of his disability

RULE OF LAW:

An employer has a duty to offer reasonable accommodation for known disabilities to otherwise qualified employee unless doing so would lead to undue hardship the part of the employer. Subject to the provisions, no qualified individual shall, by reason of such disability, be denied the benefits of the programs, services or activities of a public entity or be excluded from participation.

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