Fairfield Township Volunteer Fire Co. v. Commonwealth

609 A.2d 804, 530 Pa. 441, 1992 Pa. LEXIS 350
Supreme Court of Pennsylvania·Decided June 11, 1992·No. 7 W.D. Appeal Docket 1991·Published·Cited by 24 cases

Opinions

OPINION OF THE COURT

FLAHERTY, Justice.

The issue raised by this case is whether a complainant under the Pennsylvania Human Relations Act, 43 P.S. § 955(a), has made out a prima facie case of unlawful discrimination because of failure to hire based on the employer’s failure to establish specific qualifications for the job applied for.

[443] On April 1,1982 Sarah Henderson applied for the position of firefighter with the Fairfield Township Volunteer Fire Company No. 1 (“fire company”). At the time, the bylaws of the fire company did not permit female members, and the fire company, therefore, refused to act on Henderson’s application. Henderson then filed a complaint with the Pennsylvania Human Relations Commission (PHRC) alleging that the fire company’s refusal to consider her application was in violation of the Human Relations Act (HRA). Shortly thereafter, the fire company amended its bylaws to permit female members, but on June 28, 1982, the members of the fire company voted not to accept Henderson as a member of the fire company, although they did accept a male applicant. Henderson then amended her complaint to allege that the fire company’s rejection of her application was a violation of the HRA, which prohibits, inter alia, sex discrimination in hiring.1

PHRC conducted an investigation and upon finding probable cause to believe that the fire company acted illegally in failing to accept Henderson as a member, conducted a public hearing on December 15, 1988. Thereafter, on April 26, 1989, the PHRC adopted the recommendations of the hearing examiner and ordered certain remedial action, including instatement of Henderson as a member of the fire company.

The fire company appealed, and Commonwealth Court vacated the Commission’s order and remanded for further proceedings because the Commission considered improperly admitted evidence and because the remedy was overbroad. 133 Pa.Cmwlth. 45, 575 A.2d 152. Commonwealth Court specifically denied the fire company’s claim that Henderson [444] had not made out a prima facie case based on her testimony that she could not perform some fire fighting tasks, because “[a]t the time Complainant [Henderson] applied for membership, there were no physical requirements established for the position.” (Emphasis in original.) Both the Commission and the fire company petitioned for allowance of appeal. We denied the Commission’s petition and granted allocatur as to the fire company in order to address the fire company’s claim that Henderson had not made out a prima facie case of illegal sex discrimination.

In Allegheny Housing Authority v. Human Relations Commission, 516 Pa. 124, 532 A.2d 315 (1987), this court reaffirmed for use in employment discrimination cases the analytical model which had been adopted by the United States Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Under that model, the plaintiff’s burden of establishing a prima facie case of unlawful discrimination could be met by showing:

(i) that [the plaintiff] belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his qualifications, he was rejected; and (iv) that, after his rejection, the position remained open and the employer continued to seek applicants from persons of [the plaintiff’s] qualifications.

516 Pa. at 129, 532 A.2d at 318.2 Once the plaintiff has made a prima facie case, the burden shifts to the defendant:

[T]he nature of the burden that “shifts” to the defendant when a prima facie case is established is simply to produce evidence of a “legitimate, non-discriminatory reason” for the discharge [or failure to hire]____ If such evidence is presented, the question for the Commission is [445] whether, on all the evidence produced, the plaintiff has persuaded it by a preponderance of the evidence that the employer intentionally discriminated against her.

Id., 516 Pa. at 129-30, 532 A.2d at 318. (Emphasis in original.)

At the public hearing in 1988, Henderson testified that she was bom with a hole in her heart, that she had been hospitalized for 106 days when she was younger because an infection settled in the hole, and that she receives treatment from a chiropractor for arthritis in her back. In response to questions from the hearing examiner, she testified:

HEARING EXAMINER. Miss Henderson, how were you familiar with the type of work done, if you even were, by the firefighters at the company to which you applied? Were you familiar with the work they did?
MS. HENDERSON. Well, my husband, he was a fireman. When the fire whistle went off, I went with him many times. I seen what they did. I seen how they help people. I have nothing against the firefighters. HEARING EXAMINER. I’m just talking about the type of work they did.
MS. HENDERSON. Yes, I did.
HEARING EXAMINER. Did you feel that you were qualified to do that type of work?
MS. HENDERSON. There are some things I can’t do, and there are things I may be able to do.

(Emphasis added.)

In commenting on our analytical model in Allegheny Housing Authority, we stated:

The stated analysis is no more than an aid to evaluating the proof. If the plaintiff produces sufficient evidence that, if believed and otherwise unexplained, indicates that more likely than not discrimination has occurred, the defendant must be heard in response.

516 Pa. at 131, 532 A.2d at 318. Applying the analytical model to the facts of this case, plaintiff has testified that she may not be able to do the job. Plainly, therefore, she has not produced “sufficient evidence that, if believed and [446] otherwise unexplained, indicates that more likely than not discrimination has occurred.” When a job applicant testifies that there are some job activities she cannot do, she has, without more, disqualified herself for that job.

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Fairfield Township Volunteer Fire Co. v. Commonwealth, 609 A.2d 804, 530 Pa. 441, 1992 Pa. LEXIS 350 (Pa. 1992).

609 A.2d 804 (Fairfield Township Volunteer Fire Co. v. Commonwealth) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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