 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Butterfield v. Sidney Public School8/30/2001
otification from the treating physician that Butterfield could return to work or, alternatively, Butterfield's written resignation. The letter informed Butterfield that he had until July 8, 1997, to respond or the District would fill his position.
Butterfield asked Dr. Cooper for a release allowing him to return to work. On June 24, 1997, Dr. Cooper released Butterfield to return to work but restricted his heavy lifting, limited his back movement, and limited use of his left shoulder. Butterfield obtained a release from Dr. Ben-Youssef on July 1, 1997. Dr. Ben-Youssef also restricted heavy lifting and use of the left shoulder.
Sullivan reviewed the releases and consulted with counsel before concluding that Butterfield could not perform the essential functions of his job with the physicians' restrictions. Sullivan believed that he could not hire custodians unable to do heavy lifting and did not consider allowing Butterfield to return to work with a heavy lifting restriction.
Sullivan met with Butterfield and told him that he could not do the job with the lifting restrictions. Sullivan gave Butterfield a letter which explained the District's position. The letter said that the District believed that Butterfield could not do his job with the restrictions and that the District was not aware of any accommodation that would permit Butterfield to do the job with restrictions. Finally, the letter stated that the District wanted Butterfield to resign effective July 18, 1997.
Because Butterfield believed he could still do the job , he did not resign. Instead, he returned to Dr. Ben-Yousseff's office and obtained a release written by a nurse allowing him to lift 50 pounds or less. Sullivan refused to consider a release signed by a nurse. Furthermore, because the nurse's release came after the July 18, 1997, deadline, the District considered Butterfield as having resigned. However, Sullivan gave Butterfield until August 1, 1997, to obtain a sufficient release.
Butterfield went back to Dr. Ben-Yousseff and got a letter releasing him to perform the custodian's job with no restrictions. Butterfield went back to Dr. Cooper and got a modified release which contained the same restrictions as the prior release, except that the release specified that Butterfield could not lift anything over 50 pounds. Butterfield obtained both releases before August 1.
Despite the new releases, Sullivan told Butterfield that the District believed that he could not perform the essential functions of his job . Sullivan then wrote another letter informing Butterfield that the new releases were insufficient. Sullivan told Butterfield that he intended to recommend that the Board of Trustees accept Butterfield's resignation.
On September 3, 1997, Butterfield filed a petition with the Montana Department of Labor and Industry in which he alleged that the Sidney Public Schools discriminated against him by refusing to allow him to return to his job as a custodian because of his physical disability. After a contested case hearing, the Department concluded that the District had unlawfully discriminated in employment by refusing to accommodate Butterfield and by refusing to return him to his job.
The District appealed to the Montana Human Rights Commission, which reversed the Department's final agency decision. Butterfield filed a petition for judicial review in the District Court for the Seventh Judicial District in Richland County. On March 27, 2000, the District Court affirmed the order of the Commission. Butterfield now appeals from the order of the District Court.
DISCUSSION
Butterfield contends on appeal that the hearing
Page 1 2 3 4 5 6 7 8 Montana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|