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Butterfield v. Sidney Public School8/30/2001
al does not have to be totally unable to work in order to be considered substantially limited in the major life activity of working. An individual is substantially limited in working if the individual is significantly restricted in the ability to perform a class of jobs or a broad range of jobs in various classes, when compared with the ability of the average person with comparable qualifications to perform those same jobs. For example an individual who has a back condition that prevents the individual from performing any heavy labor job would be substantially limited in the major life activity of working because the individual's impairment eliminates his or her ability to perform a class of jobs. This would be so even if the individual were able to perform jobs in another class, e.g., the class of semi-skilled jobs. . . . EEOC Interpretive Guidelines, 29 C.F.R. ยง 1630.2(j), App. at 353-54 (2000) (emphasis added).
The example given in the cited EEOC Interpretive Guideline is the exact situation proven and found by the hearing examiner to exist in this case. Butterfield has a back condition that either prevents him from performing heavy labor or which his employer regards as precluding heavy labor. He is therefore substantially limited in the major life activity of working because his impairment eliminates his ability to perform a class of jobs. This is so even though it is suggested, but not proven, that he can perform other jobs. Therefore, the burden suggested by the District, that Butterfield be required to prove that he was incapable of performing a "broad class of jobs," is an incomplete statement of the law.
Within this legal framework, the hearing examiner found that Butterfield was physically disabled. Nowhere does the School District or the District Court contend that the findings of the hearing examiner were not supported by substantial evidence.
The hearing examiner found that prior to his termination, Butterfield had been referred by his workers compensation insurer to a doctor who disclosed to his employer that he had had chronic back problems for nearly 20 years up to and including the date of his work-related injury . (Finding No. 5). The hearing examiner also found that although Butterfield believed he could return to work following his work-related injury, his attending physicians restricted his activities in June and July of 1997 respectively by recommending that he avoid heavy lifting, limit his back movement, limit use of his left shoulder, and restrict himself to light duty back movement. (Findings No. 8 and 9). Butterfield's employer reviewed these recommended restrictions and concluded that someone who could not do heavy lifting could not perform Butterfield's custodian position and refused to allow Butterfield to return to work with a heavy lifting restriction. (Finding No. 10). Because of his physical impairment, Butterfield was not allowed to return to work. (Finding No. 11). Butterfield does not have a high school diploma and has limited transferable skills. (Finding No. 16).
Although not designated as a "finding," the hearing examiner went on to state on page 6 of his decision in terms which surely amount to findings that:
The district removed Butterfield from work because of limitations his doctors imposed. On the facts of this case, Butterfield suffered from a condition regarded as a substantially limiting impairment by the district. Indeed, for a worker with a limited education and a spotty work history, the restrictions Butterfield brought to his employer in July 1996 could and did result in a substantial limitation of his employment. Butterfield was disabled.
The district disputed Butterfield's disability,
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