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Dedman v. Washington Personnel Appeals Board12/17/1999
Department of Corrections ("DOC") employee Judith Dedman appeals the Washington Personnel Appeals Board ("PAB") ruling that, because her permanent disabilities prevented her from physically restraining inmates, she could not perform the essential functions of a correctional officer. The PAB, therefore, concluded that DOC properly removed her from her job in the control booth and reassigned her to a clerical position. We affirm.
FACTS
In February 1993, Dedman was appointed a correctional officer (guard) for the Washington Corrections Center for Women in Gig Harbor ("WCCW"), a facility housing approximately 625 female felons. Dedman worked at a variety of posts throughout the facility until November 1994, when she was temporarily assigned to the control booth to accommodate a knee and back injury . That assignment became permanent in December 1994, following Dedman's successful bid under the terms of a collective bargaining agreement.
The control booth is a locked room with reinforced glass windows; it serves as the primary control center for WCCW. Correctional officers assigned to that post operate the facility's gates and doors, process communications, issue keys to staff, and operate audio and video surveillance systems. While inside the control booth, the officers have no physical contact with inmates. Correctional officers assigned to the control booth seldom leave it during their shifts. But there is always the possibility that such officers may be called upon to restrain inmates in the event of an emergency.
In early April 1996, Dedman was scheduled to attend a routine training session for correctional officers. On the first day of the session, April 26, Dedman gave her supervisor a note from her chiropractor, James Murphy, D.C., which stated that, because of back problems, Dedman was "not to participate in any defense tactics training at this time." In response, WCCW provided Dedman's physician, Lowell Finkleman, M.D., with a form entitled, "Essential Duties of a Correctional Officer," and asked him to comment on Dedman's ability to perform those duties.
Dr. Finkleman expressed concern in relation only to essential duty number three:
Stand, bend, squat, and stoop to pat search and/or apply handcuffs, waist chains, and/or leg irons to a resistive or non-resistive inmate. Physically able to engage in physical force to subdue an inmate, which may include assisting in the physical movement of an inmate (average weight 150 lbs.) to another area.
Dr. Finkleman wrote:
I am not convinced that she is agile enough or strong enough to wrestle with inmates. She has suffered low back and knee injury related to her work along with arthritic changes in the spine and knees. Due to her injuries and arthritis, I do not feel she should safely be expected to wrestle with inmates. I recommend continuing current light duties job which is totally acceptable.
In Dr. Finkleman's opinion, Dedman's condition was permanent.
Based on that information, WCCW reassigned Dedman to a light duty clerical post, away from the control booth. From May through August 1996, Dedman filed grievances and requested returning to the control booth as a reasonable accommodation. Because Dedman was unable to use physical force to subdue an inmate, and because the need might arise to move her from the control booth to a post with inmate contact, DOC denied her grievances and requests. During this time, DOC searched for alternative, permanent jobs for which Dedman was qualified.
On August 16, 1996, WCCW superintendent Alice Payne gave Dedman the option of accepting either a demotion to supply control
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