Carr v. General Motors Corp.

353 N.W.2d 489, 135 Mich. App. 226, 1984 Mich. App. LEXIS 2719, 47 Fair Empl. Prac. Cas. (BNA) 1103
CourtMichigan Court of Appeals
DecidedJune 5, 1984
DocketDocket 71203
StatusPublished
Cited by2 cases

This text of 353 N.W.2d 489 (Carr v. General Motors Corp.) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carr v. General Motors Corp., 353 N.W.2d 489, 135 Mich. App. 226, 1984 Mich. App. LEXIS 2719, 47 Fair Empl. Prac. Cas. (BNA) 1103 (Mich. Ct. App. 1984).

Opinions

Per Curiam.

Does the employer’s duty to accommodate, as set forth in the Michigan Handicappers’ Civil Rights Act, MCL 37.1101 et seq.; MSA 3.550(101) et seq., extend only to persons whose [228]*228handicap "is unrelated to the individual’s ability to perform the duties of a particular job”, or does it extend to persons whose handicap is related to the particular job unless it is demonstrated that the accommodation would impose an undue hardship? On April 22, 1983, the trial court held that the obligation extended only where the handicap was unrelated to the employee’s ability to perform the job in question and granted summary judgment to defendant. Plaintiff appeals as of right.

On September 1, 1981, plaintiff filed a complaint in the circuit court for Wayne County alleging that he was discriminated against because of a handicap in violation of the Michigan Handicappers’ Civil Rights Act (HCRA). In his complaint, plaintiff alleges that he was employed by defendant on the current product engineering staff in Warren, Michigan, that on August 3, 1972, he underwent a back operation for excision of a ruptured disc, and that as a result of the operation, a weight lifting restriction was placed on plaintiff.

The complaint further alleged that on April 5, 1979, defendant offered plaintiff a job transfer to the dimension group engineering staff in Warren, that the job position offered plaintiff occasionally involved lifting objects in excess of the weight lifting restrictions imposed upon plaintiff, that there were other employees in the dimension group who were physically able to perform the lifting which exceeded plaintiff’s restrictions, that defendant could have accommodated plaintiff in the position offered without undue hardship but nevertheless refused to accommodate plaintiff’s handicap as required by statute, and that, as a result of such illegal discrimination, plaintiff suffered damages in lost wages and other job-related benefits.

[229]*229On March 23, 1983, defendant moved for summary judgment on the ground that the handicap which plaintiff claimed to have was not a "handicap” as defined in HCRA. After presentation of oral and written arguments, the trial court granted the motion and by order dated April 22, 1983, plaintiffs complaint was dismissed with prejudice. In his order, the trial judge found that, based on the pleadings, plaintiff had "failed to state a cause of action under the Michigan Handicappers’ Civil Rights Act”.

On appeal defendant argues, as it did before the trial court, that the HCRA does not protect all persons with handicaps, but only protects persons with handicaps "unrelated to the individual’s ability to perform the duties of a particular job or position”. In support of this position, defendant says that § 103(b) pointedly states that for purposes of employment a "handicap” is a physical or mental characteristic "unrelated to the individual’s ability to perform the duties of a particular job or position”. Since plaintiffs back condition with the weight lifting restriction imposed thereon is clearly related to the particular job position in question, defendant asserts that plaintiffs condition is not a handicap under the HCRA, and that the trial court was eminently correct in granting summary judgment. Additionally, defendant notes that three recent decisions of the Michigan Court of Appeals have held that the HCRA’s protection applies only if the employee "can demonstrate that his handicap is unrelated to his ability to perform the duties of his job”. Shelby Twp Fire Dep’t v Shields, 115 Mich App 98, 103; 320 NW2d 306 (1982); Dady v Rochester School Bd, 90 Mich App 381, 389-391; 282 NW2d 328 (1979); Armstrong v Senior Citizens Housing of Ann Arbor, Inc, 112 Mich App 804; 317 NW2d 255 (1982).

[230]*230Plaintiff argues that defendant’s reliance on this Court’s decisions in Dady and Armstrong, supra, is suspect because neither of those cases involved employment and, at the time those cases arose, the statute did not include a duty to accommodate a handicapped person in either education or housing. As a result of the Dady decision, the Legislature amended the HCRA so as to impose the obligation to accommodate in employment. 1980 PA 478. That amendment added a new subsection to § 102 reading:

"(2) A person shall accommodate a handicapper for purposes of employment, public accommodation, public service, education, or housing unless the person demonstrates that the accommodation would impose an undue hardship.”

Plaintiff argues that this amendment introduces a new element in the statute which demonstrates the Legislature’s intent that the employer’s duty to accommodate is present even where the handicap is related to a particular job, provided that such duty is not established as imposing an undue hardship. According to plaintiff, the new language makes it improper to grant summary judgment merely because the handicap is related to the person’s ability to perform the job; instead, the proper inquiry is whether plaintiff could perform the job if General Motors had made an accommodation for the handicap and whether or not such accommodation would impose an undue hardship on General Motors, these being questions of fact which should go to the jury.

The strict interpretation of the statute urged by defendant in the instant case was recently rejected in Wardlow v Great Lakes Express Co, 128 Mich App 54; 339 NW2d 670 (1983). There, on facts [231]*231strikingly similar to the situation before us, the trial judge dismissed plaintiffs complaint after a two-day trial. Plaintiff, a truck driver from 1955 to 1978, ruptured a disc in his back in 1956. He returned to the job in 1958 with a 50-pound weight lifting restriction. In 1962, he switched from being an "over-the-road” driver to a city driver. City driving was a more strenuous job than "over-the-road” driving. After being laid off in early 1978 from the city driving job, he requested to return to "over-the-road” work, but, because of the weight lifting restriction, defendant refused to accommodate. Plaintiff sued on grounds that defendant’s refusal violated the HCRA. On appeal, defendant argued that plaintiffs injury did not qualify as a "handicap” since the injury was not "unrelated” to the job. That is precisely the defense raised in the case before us. Our Court rejected the defense saying in relevant part:

"Literally reading the act strongly supports defendant’s argument that plaintiff is not 'handicapped’ under the act. These four duties are to some extent 'related’ to the job. Therefore, the handicap is to some extent related to the job. Defendant argues that, because plaintiff is not a handicapper under the act, it has no duty to accommodate.” Wardlow, p 59.
"If we were to accept defendant’s arguments, the act would be practically meaningless. MCL 37.1102; MSA 3.550(102) requires accommodation. However, if we ruled that an employer need not accommodate whenever the handicap is related in any way to the job, we would be ruling that the employer need accommodate only if the handicap is not related to the work. Of course, in that situation, no accommodation is needed in the first place. In other words, defendant’s interpretation requires accommodation only when no accommodation is needed.” Wardlow, p 61.

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Related

Rancour v. Detroit Edison Co.
388 N.W.2d 336 (Michigan Court of Appeals, 1986)
Carr v. General Motors Corp.
353 N.W.2d 489 (Michigan Court of Appeals, 1984)

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Bluebook (online)
353 N.W.2d 489, 135 Mich. App. 226, 1984 Mich. App. LEXIS 2719, 47 Fair Empl. Prac. Cas. (BNA) 1103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carr-v-general-motors-corp-michctapp-1984.