Joan Lee Blankenship v. Martin Marietta Energy Systems, Inc.

83 F.3d 153, 5 Am. Disabilities Cas. (BNA) 789, 1996 U.S. App. LEXIS 10896, 1996 WL 239357
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 10, 1996
Docket94-4263
StatusPublished
Cited by7 cases

This text of 83 F.3d 153 (Joan Lee Blankenship v. Martin Marietta Energy Systems, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joan Lee Blankenship v. Martin Marietta Energy Systems, Inc., 83 F.3d 153, 5 Am. Disabilities Cas. (BNA) 789, 1996 U.S. App. LEXIS 10896, 1996 WL 239357 (6th Cir. 1996).

Opinion

ZATKOFF, District Judge.

Plaintiff Joan Lee Blankenship appeals the district court’s decision granting summary judgment to defendant Martin Marietta Energy Systems, Inc. in this handicap discrimination case. On appeal, the issues are (1) whether plaintiff established a prima facie case of handicap discrimination during her paid leave of absence and (2) whether plaintiff established a prima facie case of handicap discrimination when she was terminated. For the reasons that follow, the judgment of the district court is affirmed.

I.

Plaintiff began working as a mail clerk at Martin Marietta on October 3, 1973. Martin Marietta operates a high security uranium enrichment facility in Piketon, Ohio under a contract with the United States Department of Energy (“DOE”). Prior to commencing her employment, plaintiff was granted a “Q” clearance security access authorization (“security clearance”) by the DOE; the DOE requires that all plant employees receive a security clearance. Plaintiff became a Production Process Operator in 1976, and she held that position until terminated on May 14, 1992. During that time, plaintiffs employment was governed by a collective bargaining agreement (“Agreement”).

On November 1,1986, plaintiff took a medical leave for schizophreniform disorder. During her medical leave, Martin Marietta restricted her access to the Piketon plant and notified plaintiff that she would be denied access until approval was obtained from the DOE. Thus, even though Martin Marietta’s physician cleared plaintiff to return to work in January 1987, plaintiff was placed on paid leave of absence pending security approval by the DOE.

On July 10, 1989, the DOE officially suspended plaintiffs security clearance. Plaintiff requested a review of her suspension and was granted a hearing in July 1990. Although the hearing officer recommended that plaintiffs security clearance be reinstated, *155 the DOE rejected the recommendation and permanently revoked her security clearance on May 13, 1992. The following day, Martin Marietta terminated plaintiff.

II.

Ohio law controls this diversity case brought under the Ohio handicap discrimination statute, Ohio Revised Code (“ORC”), Chapter 4112, which provides in pertinent part:

It shall be an unlawful discriminatory practice:
(A) For any employer, because of ... handicap ... to discharge without just cause, to refuse to hire, or otherwise to discriminate against that person with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment.

ORC Ann. § 4112.02 (Baldwin 1995).

To survive summary judgment, a plaintiff must first establish a prima facie case of handicap discrimination. Accordingly, the plaintiff must show that there is a genuine issue of material fact that: 1) she is handicapped; 2) action was taken by her employer, at least in part because she is handicapped; and 3) she can safely and substantially perform the essential functions of the job in question with reasonable accommodations. Hazlett v. Martin Chevrolet, Inc., 25 Ohio St.3d 279, 496 N.E.2d 478 (1986); Wooten v. City of Columbus, 91 Ohio App.3d 326, 632 N.E.2d 605, 608-09 (1993). Once plaintiff establishes a prima facie ease, the burden of production shifts to Martin Marietta to show that the “challenged criteria” are job related, required by business necessity, and that no reasonable accommodation is possible. Jasany v. United States Postal Serv., 755 F.2d 1244, 1249-50 (6th Cir.1985). However, if a plaintiff fails to establish a prima facie case, the court need not reach the question of reasonable accommodation. Id.

III.

Plaintiff has met her burden of showing that genuine issues of material fact exist for the first two steps of the Hazlett test. Plaintiff has a handicap, see ORC § 4112.01(A)(13), and Martin Marietta took employment action against her, at least in part because of her handicap. The question, both with respect to the five and one-half year paid suspension and the termination, is whether plaintiff can “substantially perform the essential functions of the job in question with reasonable accommodations.”

IV.

Plaintiff first maintains that Martin Marietta should have made reasonable accommodations by reassigning her to a position not requiring security clearance while her clearance was suspended. Blankenship relies on Wooten v. City of Columbus, 91 Ohio App.3d 326, 632 N.E.2d 605 (1993), wherein the court held that reasonable accommodation under Chapter 4112 “includes reassignment to vacant positions for which the handicapped employee is qualified and can perform,” a position as broad as the federal laws prohibiting handicap discrimination. Id. 632 N.E.2d at 611; Little Forest Medical Ctr. v. Ohio Civil Rights Comm., 61 Ohio St.3d 607, 609-10, 575 N.E.2d 1164 (1991), cert. denied, 503 U.S. 906, 112 S.Ct. 1263, 117 L.Ed.2d 491 (1992). See also School Board of Nassau County v. Arline, 480 U.S. 273, 289 n. 19, 107 S.Ct. 1123, 1131 n. 19, 94 L.Ed.2d 307 (1987) (an employer need not create a job but cannot deny an employee alternative employment opportunities reasonably available under the employer’s existing policies).

Under Wooten and ORC Chapter 4112, the Court must consider whether Blankenship presented a genuine issue of material fact as to whether, during her suspension, she could have “safely and substantially perform[ed] the essential functions of an available job.” Wooten, 632 N.E.2d at 610. The Court finds that she cannot.

Pursuant to DOE policy, plaintiff was not eligible to work in the plant pending resolution of her security clearance status. The DOE recommended that Martin Marietta pay plaintiffs salary until further notice or reassign her to an area not requiring seeuri *156 ty clearance during her suspension. When Martin Marietta continued to pay plaintiff her salary, it abided by the DOE’s recommendation. Additionally, under the Agreement, Martin Marietta had no obligation to reassign plaintiff while her security clearance was suspended. In fact, the Agreement provided that “[s]hould the security clearance granted to any employee be suspended ... by the DOE, such employee may be discharged immediately ...” JA at 83-84; Agreement, Art. VIII.

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83 F.3d 153, 5 Am. Disabilities Cas. (BNA) 789, 1996 U.S. App. LEXIS 10896, 1996 WL 239357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joan-lee-blankenship-v-martin-marietta-energy-systems-inc-ca6-1996.